SECTION 27 Government Use of Electronic Data Messages

SECTION 27 Government Use of Electronic Data Messages, Electronic Documents, and
Electronic Signature.
to demand or accept the completion of documents, to

require the creation, retention, and/or submission of
paperwork, to follow regulations, licenses, or credentials
of certification or approval, or to provide for the method
and manner of payment or settlement of fees and other
government obligations.
SECTION 28 RPWEB Promote the Use of Electronic Documents or Electronic Data Messages
in Government and to the General Public
in accordance with Administrative Order 332 and House

of Representatives Resolution 890, also known as
RPWEB, to implement Part IV of this Act to support the
open, quick, and productive electronic online transfer,
method of delivery, and use of electronic data messages or
electronic documents among all government departments,
agencies, bureaus, offices, and offices up a little bit to the
district levels, as well as regional and provincial offices,
as feasible.
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 in collaboration with
relevant government agencies, subject to the provisions of
Republic Act 7653 (Charter of the Bangko Sentral ng
Pilipinas) and Republic Act No. 337 (General Banking
Act), as amended. And the issue certifications, as
appropriate, and perform any other function required for
the implementation of this Act in the area of electronic
commerce, including, but not limited to, the installation of
an online public information and quality and price
monitoring system for goods and services aimed at
protecting the interests of the consuming public taking
advantage of the benefits of this Act.
SECTION 30 Extent of Liability of a Service Provider

Extent of Liability of a Service Provider. –
If such responsibility is based, no person or party shall be

liable to any civil or criminal liability in relation to the
electronic data message or electronic document to which
the person or party acting as a service provider as
described in Section 5 simply gives access.
SECTION 31 Lawful Access
Access to an electronic file, or an electronic signature of

an electronic data message or electronic document, shall
be permitted and enforced only in favor of the individual
or entity with a legal right to the custody or use of
plaintext, electronic signature, or file, or for the
authorized purposes. The electronic key for identification
or integrity shall not be made available to any person or
entity without the approval of the individual or entity
lawfully in possession of the such electronic key.
SECTION 32 Obligation of Confidentiality

Aside from the specific purpose authorized by this Act,
any individual who obtains access to any electronic key,
an electronic data message, or electronic document, book,
register, correspondence, information, or other material as
a result of any powers conferred by this Act is not
permitted to convey or share the same with any other
person.
SECTION 33 Penalties
The following Acts shall be penalized by fine and/or

imprisonment
a.) Hacking or crackling with refers to unauthorized
access to or interference with a computer
system/server or information and communication
system; or any access in order to corrupt, alter,
steal, or destroy using a computer or other similar
information and communication devices, without
the knowledge and consent of the computer or
information and communication system's owner,
including the introduction of computer viruses and
the like, resulting in the corruption of the computer
or information and communication system.
b.) Piracy is defined as the unlawful copying,
replication, dissemination, or distribution of
protected content, as well as its importation, use,
removal, alteration, substitute, modification,
storage, uploading, downloading, communication,
making it accessible to the public, or broadcasting.
c.) Violations of the Consumer Act of Republic Act
No. 7394 and other applicable laws committed
through transactions covered by or involving
electronic data transmissions or electronic
documents will be punished in accordance with the
provisions of such laws.
d.) Other infractions of the provisions of this Act may
result in a fine of one million pesos
(P1,000,000.00) or six (6) years in jail.
SECTION 34 Implementing Rules and Regulations.
The Department of Budget and Management, and the

Bangko Sentral ng Pilipinas are hence authorized to
enforce the provisions of this Act and issue
implementing rules and regulations required to
implement this Act within sixty (60) days of its
approval, in collaboration with the Department of
Transportation and Communications, National
Computer Center, National Information Technology
Council, Commission on Audit, other concerned
agencies, and the private sector.
SECTION 35 Oversight Committee
A Congressional Oversight Committee will be

comprised of the Committees on Commerce and Trade.
Industry/Commerce, Science and Technology, Finance,
and Appropriations Committees of both the Senate and
House of Representatives, shall meet at least once a
quarter for the first two years and once a semester for
the third year following the Act's approval to oversee its
implementation.
SECTION 36 Appropriations.
In the first year of this Act's effectiveness, any money

and/or savings available under the General
Appropriations Act of 2000 shall be charged against
any available funds and/or savings.
SECTION 37 Statutory Interpretation.
This Act's interpretation shall take into account its

international origins as well as the need to foster
consistency in its implementation and the observance of
good faith in international economic dealings. The
commonly established norms of international law and
convention, as well as Internet commerce, will be taken
into account.
SECTION 38 Variation of Agreement
Any requirements of this Act may be changed by

agreement between and among parties engaged in
developing, sending, receiving, storing, or otherwise
processing an electronic data transmission or electronic
document.
SECTION 39 Reciprocity
All rights, privileges, opportunities, or statutory norms

created by this Act, such as those affecting professional
activity, must be enjoyed exclusively by parties whose
country of origin provides the same benefits, privileges,
or advantages to Filipino nationals.
SECTION 40 Separability Clause.
The sections of this Act are thus declared detachable,

and if any of them is found unconstitutional, the other
provisions will continue in force and effect.
SECTION 41 Repealing Clause
All existing laws, decrees, rules, and guidelines, or

parts of them, that are inconsistent with the provisions
of this Act are thus repealed, altered, or changed.
SECTION 42 Effectivity
This Act takes effect immediately upon publication in

the Official Gazette or at least two (2) general
circulation publications.

SECTION 27 Government Use of Electronic Data Messages

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SECTION 27 Government Use of Electronic Data Messages, Electronic Documents, and

to demand or accept the completion of documents, to

in accordance with Administrative Order 332 and House

The Department of Trade and Industry (DTI) shall direct

SECTION 30 Extent of Liability of a Service Provider

If such responsibility is based, no person or party shall be

SECTION 31 Lawful Access

Access to an electronic file, or an electronic signature of

SECTION 32 Obligation of Confidentiality

The following Acts shall be penalized by fine and/or

SECTION 34 Implementing Rules and Regulations.

The Department of Budget and Management, and the

SECTION 35 Oversight Committee

A Congressional Oversight Committee will be

In the first year of this Act's effectiveness, any money

This Act's interpretation shall take into account its

SECTION 38 Variation of Agreement

Any requirements of this Act may be changed by

All rights, privileges, opportunities, or statutory norms

SECTION 40 Separability Clause.

The sections of this Act are thus declared detachable,

SECTION 41 Repealing Clause

All existing laws, decrees, rules, and guidelines, or

This Act takes effect immediately upon publication in

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