Section 22Sec./Art. 22

Obligations of Other Digital Platforms That Do Not Retain Oversight Over the Consumption of the Transaction. - Other digital platforms that do not retain oversight over the consummation of the transaction shall have the following obligations:

(a) Enable consumers to distinguish between commercial and non-commercial or private accounts;

(b) Prohibit the sale and advertisement of regulated good unless they provide the necessary permits and license information, and contractually obligating their compliance with sale procedures and limitations, and other relevant conditions for the sale as may be imposed by any law or local government regulation;

(c) Require online merchants to indicate the following in their product offers online, regardless of the nature of the goods and services:

(1) Name and brand of the goods or services;

(2) Price;

(3) Description;

(4) Condition; and

(5) Contact information of the online merchant;

(d) provide an effective and responsive redress mechanism for online consumers and online merchants to report a user or information posted on the platform that are deemed in violation of relevant laws;

(e) Maintain, as far as practicable, an updated list of accounts that make use of the platform for e-commerce. The platform shall be required to provide specific information upon the issuance of a subpoena by competent authority pursuant to an investigation based on a sworn complaint, stating that the platform covered under this section is being used in the commission of a crime or that it was utilized as a means to commit a malicious, fraudulent, or unlawful act, and that the complaint is unable to ascertain the identity of the perpetrator; and

(f) Take necessary precautions to protect the data privacy of consumers, at all times, in accordance with Republic Act No. 10173 and comply with the minimum information security standards set by the Bureau, NPC, and other issuances of relevant government agencies. Digital platforms and e-marketplaces shall be covered by the provisions of Republic Act No. 10173 and issuances by the NPC.

In performing their obligations, platforms covered under this section are required to observe ordinary diligence. Failure to do so will subject them to penalties under Section 29 of this Act.