1. Electronic Commerce Act (RA 8792)

Electronic Commerce Act of 2000 (Republic Act No. 8792)

Republic Act No. 8792 is formally known as the "Electronic Commerce Act of 2000"¹. Under the statutory declaration of policy, the State recognizes the vital role of information and communications technology (ICT) in nation-building, emphasizing the need to create an information-friendly environment that ensures the availability, diversity, and affordability of ICT products and services². It likewise acknowledges the primary responsibility of the private sector in contributing investments and services in telecommunications and information technology, the need to develop human resources and a skilled labor force for the information technology age, the obligation to facilitate technology transfer, and the imperative to ensure network security, connectivity, and technology neutrality for the national benefit².

The law also highlights the necessity to marshal, organize, and deploy national information infrastructures consisting of telecommunications networks and strategic information services—including their interconnection to global networks—supported by the appropriate legal, financial, diplomatic, and technical frameworks².

With respect to electronic commerce in general, parties to any electronic transaction enjoy freedom regarding technological security³. Subject to applicable laws and the rules or guidelines promulgated by the Department of Trade and Industry together with other appropriate government agencies, parties are free to determine the type or level of electronic data message and electronic document security needed, as well as to select and implement the technological methods that suit their needs³.