After reading “What is the presumption relating to electronic signatures?”, read also “What is the Bureau of Local Employment?”
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Electronic Signature represents the identity of a person and is executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.
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The electronic signature is the signature of the person to whom it correlates.
- The electronic signature was affixed by that person with the intention of signing or approving the electronic document.
The Electronic Commerce Act of 2000 (E-Commerce Act) aims to facilitate dealings, transactions, arrangements agreements, contracts and exchanges and storage of information by using electronic, optical, and similar medium, mode, instrumentality, and technology in order to recognize the authenticity and reliability of electronic documents and to promote the universal use of electronic transaction in the government and the general public.
With this, the application of the E-Commerce Act shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges, and storage information. Electronic signatures are utilized in these kinds of transactions.
What is an electronic signature? The law says:
“Electronic Signature” refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document. (Section 5, Chapter I, R.A. No. 8792)
What is the presumption relating to electronic signatures? The law says:
In any proceedings involving an electronic signature, it shall be presumed that –
- The electronic signature is the signature of the person to whom it correlates; and
- The electronic signature was affixed by that person with the intention of signing or approving the electronic document unless the person relying on the electronically signed electronic document knows or has noticed of defects in or unreliability of the signature or reliance on the electronic signature is not reasonable under the circumstances. (Section 9, Chapter II, R.A. No. 8792)
It is important to note that access to an electronic signature of an electronic data message or electronic document shall only be authorized and enforced in favor of the individual or entity having a legal right to the possession or the use of such electronic signature.
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.
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