Article 27Supplement v1, p. 27

COMMERCIAL LAWS SUPPLEMENT

1) the manner and format in which such electronic data

messages or electronic documents shall be filed, created,

retained or issued;

2) where and when such electronic data messages or

electronic documents have to be signed, the use of an

electronic signature, the type of electronic signature

required;

3) the format of an electronic data message or electronic

document and the manner the electronic signature shall

be affixed to the electronic data message or electronic

document;

4) the control processes and procedures as appropriate to

ensure adequate integrity, security and confidentiality of

electronic data messages or electronic documents or

records or payments;

5) other attributes required of electronic data messages

or electronic documents or payments; and

6) the full or limited use of the documents and papers for

compliance

with

the

government

requirements:

Provided ,

That

this Act shall by itself mandate any

department

of

the

government,

organ

of

state

or

statutory corporation to accept or issue any document in

the

form

of

electronic

data messages or electronic

documents

upon

the

adoption,

promulgation

and

publication

of

the

appropriate

rules,

regulations,

or

guidelines.

SECTION 28. RPWEB to Promote the Use of Electronic

Documents or Electronic Data Messages in Government

and to the General Public . — Within two (2) years from

the effectivity of this Act, there shall be installed an

electronic

online

network

in

accordance

with

Administrative Order 332 and House of Representatives

Resolution

890,

otherwise

known

as

RPWEB,

to

implement Part IV of this Act to facilitate the open,

speedy

and

efficient

electronic

online

transmission,

conveyance and use of electronic data messages or

electronic

documents

amongst

all

government

departments, agencies, bureaus, offices down to the

division level and to the regional and provincial offices as

practicable

as

possible,

government-owned

and

controlled corporations, local government units, other

public instrumentalities, universities, colleges and other

schools, and universal access to the general public.

The RPWEB network shall serve as initial platform of the

government information infrastructure (GII) to facilitate

the electronic online transmission and conveyance of

government services to evolve and improve by better

technologies or kinds of electronic online wide area

networks utilizing, but not limited to, fiber optic, satellite,

wireless

and

other

broadband

telecommunication

mediums or modes.

To

facilitate

the

rapid

development

of

the GII, the

Department

of

Transportation

and

Communications,

National

Telecommunications

Commission

and

the

National

Computer

Center

are

hereby

directed

to

aggressively

promote

and

implement

a

policy

environment

and

regulatory

or

non-regulatory

framework that shall lead to the substantial reduction of

costs of including, but not limited to, lease lines, land,

satellite and dial-up telephone access, cheap broadband

and wireless accessibility by government departments,

agencies,

bureaus,

offices,

government-owned

and

controlled corporations, local government units, other

public

instrumentalities

and

the

general

public,

to

include

the establishment of a government website

portal and a domestic internet exchange system to

facilitate strategic access to government and amongst

agencies thereof and the general public and for the

speedier flow of locally generated internet traffic within

the Philippines.

The physical infrastructure of cable and wireless system

for cable TV and broadcast excluding programming and

content

and

the

management

thereof

shall

be

considered as within the activity of telecommunications

for the purpose of electronic commerce and to maximize

the convergence of ICT in the installation of the GII.

SECTION 29. Authority of the Department of Trade and

Industry and Participating Entities . — The Department of

Trade and Industry (DTI) shall direct and supervise the

promotion and development of electronic commerce in

the country with relevant government agencies, without

prejudice to the provisions of Republic Act 7653 (Charter

of Bangko Sentral ng Pilipinas) and Republic Act No. 337 ,

( General Banking Act ) as amended.

Among others, the DTI is empowered to promulgate rules

and regulations, as well as provide quality standards or

issue certifications, as the case may be, and perform such

other

functions

as

may

be

necessary

for

the

implementation of this Act in the area of electronic

commerce to include, but not limited to, the installation

of an online public information and quality and price

monitoring system for goods and services aimed in

protecting the interests of the consuming public availing

of the advantages of this Act.

PART V Final Provisions

SECTION 30. Extent of Liability of a Service Provider . —

Except as otherwise provided in this Section, no person or

party shall be subject to any civil or criminal liability in

respect of the electronic data message or electronic

document for which the person or party acting as a

service provider as defined in Section 5, merely provides

access if such liability is founded on —

a.) The obligations and liabilities of the parties under the

electronic data message or electronic document;

b.) The making, publication, dissemination or distribution

of such material or any statement made in such material,

including possible infringement of any right subsisting in

or in relation to such material: Provided , That

i. The service provider does not have actual knowledge, or

is not aware of the facts or circumstances from which it is

apparent, that the making, publication, dissemination or

distribution of such material is unlawful or infringes any

rights subsisting in or in relation to such material;

ii. The service provider does not knowingly receive a

financial benefit directly attributable to the unlawful or

infringing activity; and

iii. The service provider does not directly commit any

infringement or other unlawful act and does not induce

or

cause

another

person

or

party

to

commit

any

infringement or other unlawful act and/or does not

benefit financially from the infringing activity or unlawful

act of another person or party: Provided , further , That

nothing in this Section shall affect —

a) Any obligation founded on contract;

b) The obligation of a service provider as such under a

licensing or other regulatory regime established under

written law; or

c) Any obligation imposed under any written law;

d) The civil liability of any party to the extent that such

liability forms the basis for injunctive relief issued by a

court under any law requiring that the service provider

take or refrain from actions necessary to remove, block or

deny access to any material, or to preserve evidence of a

violation of law.

SECTION 31. Lawful Access . — Access to an electronic file,

or an electronic signature of an electronic data message

or electronic document shall only be authorized and

enforced in favor of the individual or entity having a legal

right to the possession or the use of the plaintext,

electronic signature or file and solely for the authorized

purposes. The electronic key for identity or integrity shall

not be made available to any person or party without the

consent of the individual or entity in lawful possession of

that electronic key.

SECTION 32. Obligation of Confidentiality . — Except for

the purposes authorized under this Act, any person who

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