ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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June 1, 2022

Legal Developments

 


WHAT IS THE LEGAL RECOGNITION OF ELECTRONIC DOCUMENTS?


  • Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing.

  • The term “electronic document” may be used interchangeably with electronic data message.

  • The legal recognition of electronic documents may be in writing or in electronic form.

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WHAT IS THE POWER OF THE CORPORATION TO EXTEND OR SHORTEN CORPORATE TERM?


  • In case of extension of corporate term, a dissenting stockholder may exercise the right of appraisal.

  • No extension may be made earlier than three (3) years prior to the original or subsequent expiry dates.

  • A corporation whose term has expired may, at any time, apply for a revival of its corporate existence.

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WHAT ARE THE DUTIES OF A PERSONAL INFORMATION CONTROLLER UNDER R.A. NO. 10173?


  • A personal information controller refers to any person or organization who controls the collection, holding, processing, or the use of personal information;

  • It is the duty of a personal information controller to implement reasonable and appropriate organizational, physical and technical measures intended for the protection of personal information;

  • It is likewise the duty of a personal information controller to ensure that third parties processing personal information on its behalf shall implement the security measures required.

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WHAT IS THE LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES?


  • Electronic data message refers to information generated, sent, received or stored by electronic, optical or similar means.

  • Electronic data messages are not limited to electronic data interchange, electronic mail, telegram, telex or telecopy.

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

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