E-Commerce Act

Question 1

What is the objective of E-commerce act?

Answer 1

1. Facilitate domestic and international dealings
2. Recognize the authenticity and reliability of electronic data messages or documents
3. Promote the universal use of electronic transactions

Question 2

System for generating, sending, receiving, storing or processing electronic documents

Answer 2

Information and communications system

Question 3

Person by whom or on whose behalf, the electronic document purports to have been created, generated, and/or sent

Does not include intermediary

Answer 3

Originator

Question 4

Person who is intended by the originator to receive

Answer 4

Addressee

Question 5

Person who in behalf of another sends, receives, and/or stores, and provides other services

Answer 5

Intermediary

Question 6

Provider of online services or network access or the operator of facilities or provider of necessary technical means

Answer 6

Service provider

Question 7

Service provides shall

Answer 7

1. no authority to modify or alter the content or make any entry on behalf of the originator
2. retain the electronic document

Question 8

Information generated, sent, received or stores by electronic, optical or similar means

Answer 8

Electronic data message

Question 9

Distinctive mark in electronic form

Answer 9

Electronic signature

Question 10

Information shall not be denied validity or enforceability solely in the ground that it is in the form of electronic data message

Answer 10

Legal recognition of electronic data message

Question 11

When can an electronic signature be equivalent to the signature of a person on a written document?

Answer 11

1. it is an electronic signature
2. proved by a prescribed procedure, not alterable by interested parties

Question 12

What is the prescribed procedure?

Answer 12

1. Method is used to identify the party
2. It is reliable and appropriate for the purpose
3. Necessary for the party sought to be bound to provide the electronic signature
4. Other party is authorized and enabled to verify the e-sig and make the decision to proceed

Question 13

Presumption relating to E-sig?

Answer 13

1. E-sig is the signature of the person to whom it correlates
2. Was affixed by that person with the intention of signing or approving the electronic doc

Question 14

Exemptions to presumption?

Answer 14

1. Person relying on the electronic doc knows or has notice of defects in or unreliability of signature
2. Reliance on the e-sig is not reasonable under the circumstances

Question 15

When can an electronic data message be sufficient if the law requires information be presented or retained in its original form?

Answer 15

1. The integrity of the information from when it was first generated as an electronic document is shown by evidence
2. The information is capable of being displayed to the person to whom it is to be presented

Question 15

Information has remained complete and unaltered apart from the additions which arises in the normal course of communication, storage and display

Answer 15

Criteria for assessing integrity

Question 16

Shall be assessed in the light of purpose for which the information was generated

Answer 16

Standard of reliability

Question 17

Requirement that documents be retained in their original form is satisfied by retaining them in the form of an electronic data message or document which?

Answer 17

1. Remains accessible for subsequent reference
2. Retained in the format in which it was generated, sent or received
3. Identifies its originator and addressee

Question 17

Electronic transactions made through networking among banks shall be deemed consummated?

Answer 17

Upon actual dispensing of cash or the debit of one account and the corresponding credit to another

Question 17

An electronic data message is that of the originator:

Answer 17

1. If it was sent by the originator himself
2. Sent by a person who had authority to act on his behalf
3. Information system programmed to operate automatically

Question 17

Exceptions to GR on acknowledgement?

Answer 17

1. Parties agree to it
2. Origination requested it in the EDM/ED

Question 17

An addressee is entitled to regard an electronic data message as that of the originator and act on that assumption if

Answer 17

1. Used a procedure previously agreed to by the originator for that purpose
2. Agent of the originator enabled that person to gain access to gain access to a method

Question 17

The address is entitled to regard each EDM as separate except?

Answer 17

1. It duplicates another
2. Addressee knew or should have known had it exercised reasonable care

Question 17

General rule of acknowledgement of receipt?

Answer 17

No acknowledgement necessary

Question 17

Exception to assumption that EDM was from originator?

Answer 17

1. When addressee receives notice from originator and has reasonable time to act accordingly 2. When the addressee should have known had he exercised reasonable care 3. Transmission resulted in any error

Question 17

Modes of acknowledgment?

Answer 17

1. Follow agreement 2. No agreement: a. Any communication b. Any conduct sufficient to indicate the receipt

Question 17

Instance when originator can regard non-receipt

Answer 17

1. Orig stated effect of acknowledgement or the ED is conditional upon receipt 2. Orig gave notice that no ack has been received and specifying a reasonable time the ack is to be received to ack is received

Question 17

General rule: dispatch is when it enters an information system outside the control of the originator EX: agreement

Answer 17

Time of dispatch

Question 17

1. Upon entry in designated IS 2. Upon retrieval by addressee c. Upon entry in the IS of address

Answer 17

Time of Receipt

Question 17

Place of Dispatch and Receipt?

Answer 17

1. Originator's place of business - dispatch 2. Addressee's place of business - receipt

Question 17

What if more than one place of business?

Answer 17

1. Closest relationship to the underlying transaction 2. Principal place of business

Question 17

Place where it is incorporated

Answer 17

Usual place of business

Question 17

No place of business?

Answer 17

1. Habitual residence