Electronic Commerce Act
R.A. No. 8792
Commerce ActA. No. 8792
Legal Recognition of Electronic Data
Messages
Obligation of Confidentiality
A. Legal Recognition of Electronic Data Messages
R.A. No. 8792, Sections 8-11
1) Information shall not be denied validity or enforceability solely on the ground that it is
in the form of an electronic data message purporting to give rise to such legal effect, or
that it is merely incorporated by reference in that electronic data message.
2) Electronic documents shall have the legal effect, validity or enforceability as any
other document or legal writing, and —
a) Where the law requires a document to be in writing, that requirement is met by an
electronic document if the said electronic document maintains its integrity and
reliability and can be authenticated so as to be usable for subsequent reference, in that
—
i) The electronic document has remained complete and unaltered, apart from the
addition of any endorsement and any authorized change, or any change which arises
in the normal course of communication, storage and display; and
ii) The electronic document is reliable in the light of the purpose for which it was
generated and in the light of all relevant circumstances.
b) Paragraph (a) applies whether the requirement therein is in the form of an obligation or
whether the law simply provides consequences for the document not being presented or
retained in its original form.
c) Where the law requires that a document be presented or retained in its original form,
that requirement is met by an electronic document if —
i) There exist a reliable assurance as to the integrity of the document from the
time when it was first generated in its final form; and
ii) That document is capable of being displayed to the person to whom it is to be
presented: Provided, That no provision of this Act shall apply to vary any and all
requirements of existing laws on formalities required in the execution of
documents for their validity. For evidentiary purposes, an electronic document
shall be the functional equivalent of a written document under existing laws.
3) This Act does not modify any statutory rule relating to the admissibility of electronic
data messages or electronic documents, except the rules relating to authentication and
best evidence.
4) An electronic signature on the electronic document shall be equivalent to the
signature of a person on a written document if the signature is an electronic signature and
proved by showing that a prescribed procedure, not alterable by the parties interested in
the electronic document, existed under which —
a) A method is used to identify the party sought to be bound and to indicate said
party's access to the electronic document necessary for his consent or approval
through the electronic signature;
b) Said method is reliable and appropriate for the purpose for which the electronic
document was generated or communicated, in the light of all circumstances,
including any relevant agreement;
c) It is necessary for the party sought to be bound, in order to proceed further with
the transaction, to have executed or provided the electronic signature; and
d) The other party is authorized and enabled to verify the electronic signature and
to make the decision to proceed with the transaction authenticated by the same.
B Obligation of Confidentiality
R.A. No. 8792, Section 32
Except for the purposes authorized under this Act, any person who obtained access to any
electronic key, electronic data message or electronic document, book, register, correspondence,
information, or other material pursuant to any powers conferred under this Act, shall not convey
to or share the same with any other person.
