First GEPCSET Roadshow

Intercontinental Hotel Manila

09 September 2009

MARIA LOURDES A. YAPTINCHAY

Director, E-Commerce Office
Department of Trade and Industry
1
Do you feel confident and secure
to do your transactions online?
Barriers to electronic commerce
still exist . . .
• Lack of trust
Trust is central to any commercial transaction
“Trust transaction”.
• Uncertaintyy about the regulatory
g y environment
“Achieving a balance between self-regulation and a
l
legal
l framework
f k will
ill nott be
b easy”.
”
• Gaining access
• Logistical problems (e.g. payment, delivery)

3
E commerce provides a new way of
E-commerce
conducting commercial transactions
and a new set of legal and regulatory
framework …

4
 Republic Act No. 8792

An Act Providing for the Recognition

and Use of Electronic Commercial and
Non commercial Transactions and
Non-commercial
Documents, Penalties for Unlawful Use
Thereof and For Other Purposes

• Part I : Short Title and Declaration of Policy

• Part II : Electronic Commerce in General
– Chapter I : General Provisions
– Ch t II : Legal
Chapter L l Recognition
R iti off Electronic
El t i Data
D t Messages
M andd Electronic
El t i Documents
D t
– Chapter III : Communication of Electronic Data Messages or Electronic Documents

• Part III: Electronic Commerce in Carriage of Goods

• Part IV: Electronic Transactions in Government
• Part V : Final Provisions

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 Objective of the ECA

“To facilitate
“T f ilit t domestic
d ti and
d international
i t ti l dealings,
d li
transactions, arrangements, agreements, contracts and
exchanges and storage of information

through the utilization of electronic, optical and similar

medium, mode, instrumentality and technology

to recognize the authenticity and reliability of electronic

documents related to such activities

andd to
t promote
t the
th universal
i l use off electronic
l t i transactions
t ti
in the government and the general public”.

6
 E-COMMERCE ACT
IImplementing
l ti Rules
R l and d Regulations
R l ti
and Related Issuances

• Executive Order No. 264 – Establishing the Information Technology and E-

Commerce
o e ce Council
ou c (ITECC)
( ) from
o thee Merger
e ge of
o thee National
a o a Information
o a o
Technology Council (NITC) and the Electronic Commerce Promotion
Council (ECPC) (12 July 2000). ITECC was abolished per EO 334 issued on
20 July 2004.
2004

• Implementing Rules and Regulations of the ECA (13 July 2000)

• Supreme Court Memorandum No. 01-7-01 - Rules on Electronic Evidence

(17 July 2001)

• Joint DTI-DOST Department Administrative Order No. 2 – Providing

Implementing Rules and Regulations for Electronic Authentication and
Electronic Signatures (28 September 2001)
IRRs and Related Issuances

• NCC Memorandum Circular No. 2002-01 – Guidelines on Creation of the

Agency’s
’ Official
ff l Website
b and
d Compliance
l to E-Commerce Law and
d Stage
One of the UN-ASPA Stages of E-Government (11 July 2002) and
succeeding circulars to comply with Stage 2 and 3

• BSP Circular No. 269 – New Guidelines on E-Banking Activities (21

December 2000)

• Republic Act No. 9184 – Government Procurement Reform Act (08

October 2003)

• Executive Order No. 269 – Creating the Commission on Information and

Communications Technology (CICT) (12 January 2004)
• CICT Memorandum Circular No. 1 – Guidelines in the Administration of
the .ph Domain Name (August 2004)

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IRRs and Related Issuances

• Executive Order No. 482 – Creating the National Single Window Task
Force for Cargo Clearance (27 December 2005)
• BSP Circular No. 511 – Guidelines on Technology Risk Management (03
February 2006)
• DTI DAO No. 8, Series of 2006 – Prescribing Guidelines for the Protection
of Personal Data in Information and Communications Systems in the
Private Sector (21 July 2006)
• BSP Circular No. 542 – Consumer Protection for Electronic Banking (01
September 2006)
• DTI-DOF
DTI DOF Joint
J i t DAO No.
N 2,2 Series
S i off 2006 – Guidelines
G id li IImplementing
l ti RA
8792 on Electronic Payment and Collection System in Government (25
October 2006)
• NTC Memorandum Circular No. 04-06-2007 – Data Log Retention of
Telecommunications Traffic (08 June 2007)
• NTC Memorandum Circular NoNo. 05-06-2007 – Consumer Protection
Guidelines (08 June 2007)
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IRRs and Related Issuances

• Joint DTI-DOH-DA Administrative Order No. 1, Series of 2008 – Rules and

Regulations for Consumer Protection in a Transaction Covered by the
Consumer Act of the Philippines (RA 7394) through Electronic Means (RA
8792) (20 October 2008)
• DTI Department Order No. 09-16 – Institutionalizing an E-Commerce Unit
in DTI which shall be referred to as the E-Commerce Office (06 March
2009)
• BSP Circular No. 649 – Guidelines Governing the Issuance of Electronic
Moneyy (E-Money)
( y) and the Operations
p of Electronic Moneyy Issuers (EMI)
( ) in
the Philippines (09 March 2009)
• Executive Order No. 810 – Institutionalizing the Certification Scheme for
Digital Signatures and Directing the Application of Digital Signatures in EE-
Government Services (15 June 2009)

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Principles for E-Commerce Promotion

1.
1 Role of the Government
2. Role of the Private Sector
3. International Coordination and Harmonization
4. Neutral Tax Treatment
5. Protection of Users
6
6. Electronic
l i Commerce
C Awareness
7. Small and Medium Enterprises
8. Skills Development
9. Government as a Model User
10. Convergence
11. Domain Name System
12. Access to Public Records
13
13. Di
Dispute Mechanisms
M h i
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Building user and consumer trust
i vital
is it l ffor e-commerce to
t ggrow …

12
We need to p
put up
p the e-commerce p
pillars…

13
 National PKI Project
Project Description
• A US$2.3 million project funded by KOICA (2008-2009).
• Involves the development of a master plan, establishment of a Root
CA and Government CA (to be operated by the CICT-NCC, which will
host the PKI Center),
Center) and the implementation of a pilot PKI system
(by the Bureau of Internal Revenue).
• Project components include human resource development/capacity
building programs; consultancy services and dispatch of experts;
and equipment, materials and software for the Pilot PKI System and
PKI Center.
• Proponents:
p DTI and CICT-NCC

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Electronic commerce is g
global,, it knows
no boundaries.

New and more direct relationships

between businesses and consumers are
forged.

Coordinated, consistent national

policies are necessary.
p y

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 First GEPCSET Roadshow
Intercontinental Hotel Manila
09 September 2009

MARIA LOURDES A. YAPTINCHAY

Director, E-Commerce Office
Department of Trade and Industry
16