After reading “What is the legal recognition of electronic data messages?”, read also “What are the Rights of an Employee under R.A. No. 11165 or the Telecommuting Act of 2018?”
-
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.
There is a need to create an information-friendly environment which supports and ensures the availability, diversity, and affordability of Information and Communications Technology (ICT) products and services. With this, and pursuant to the mandate of the Department of Trade and Industry to promote and develop electronic commerce in the country with relevant government agencies, the government shall provide equal and transparent access to public domain information while protecting the users’ privacy, confidentiality, anonymity and content control which are usually generated in the form of Electronic Data Messages.
What is an electronic data message? The law says:
“Electronic data message refers to information generated, sent, received or stored by electronic, optical or similar means.” (Section 5.5, Republic Act No. 8792)
Electronic data messages are not limited to electronic data interchange, electronic mail, telegram, telex or telecopy. Moreso, an electronic data message is that of the originator if it was sent by the originator himself. An originator may be bound by an electronic data message if the addressee properly applied a procedure previously agreed to by the originator for that purpose; or the electronic data message or electronic document as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify electronic data messages or electronic documents as his own.
Electronic Data Messages are now legally recognized as being true, valid, legal, and worthy of consideration as it is used to efficiently facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges, and storage of information – the very objective of the Electronic Commerce Act.
What is the legal recognition of electronic data messages? The law says:
“Legal Recognition of Electronic Data Message. — Information shall not be denied validity or enforceability solely on the ground that it is in the form of an electronic data message purporting to give rise to such legal effect, or that it is merely incorporated by reference in that electronic data message.” (Section 6.6, R.A. No. 8792)
To explain, as between the originator and the addressee of an electronic data message, a declaration of will or other statement shall not be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic data message.
In relation to the Revised Rules on Evidence, due to the passage of time, technological advancements thrived in our society including the expansion of the internet and the use of electronic email. The introduction, therefore, and appreciation of electronic evidence is further refined.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
[email-subscribers-form id=”4″]