Related Laws and Policies
Laws and Policies
E-COMMERCE & BUSINESS REGULATIONS
| No. | Title | Date of Issuance |
|---|---|---|
| Republic Act No. 8293 | Intellectual Property Code of the Philippines – An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for its Powers and Functions, and For Other Purposes | 6 Jun 1997 |
| Republic Act No. 8484 | Access Devices Regulation Act of 1998 – An act regulating the issuance and use of access devices, prohibiting fraudulent acts committed relative thereto, providing penalties and for other purposes. | 11 Feb 1998 |
| Executive Order No. 262 | Amending Executive Order No. 302 Series of 1996, entitled Providing Policies, Guidelines, Rules and Regulations for the Procurement of Goods/Supplies by the National Government and Executive Order No. 201, Series of 2000 | 05 Jul 2000 |
| Executive Order No. 264 | Establishing the Information Technology and E-commerce Council (ITECC) from the Merger of the National Information Technology Council (NITC) and the Electronic Commerce Promotion Council (ECPC) | 12 Jul 2000 |
| Executive Order No. 265 | Approving and Adopting the Government Information Systems Plan (GISP) as Framework and Guide for All Computerization Efforts in Government | 12 Jul 2000 |
| IRR – E-Commerce Act | Implementing Rules and Regulations of the ECA | 13 Jul 2000 |
| Republic Act No. 8792 | An Act Providing for the Recognition and Use of Electronic Commercial and Non-Commercial Transactions and Documents, Penalties for Unlawful Use Thereof and for Other Purposes” or the Electronic Commerce Act of 2000 | 14 Jun 2000 |
| Executive Order No. 322 | Requiring All National Government Agencies, Instrumentalities and Government Owned and Controlled Corporations to Participate in the Electronic Procurement System | 22 Nov 2000 |
| PEZA Guidelines | Guidelines for the Establishment and Operation of Information Technology (IT) Parks – D. REGISTRABLE ACTIVITIES – IT Parks shall serve as locations for the following PEZA registrable activities: 1. Software development for business, e-commerce, education and entertainment; | 29 Dec 2000 |
| Executive Order No. 18 | Amending Certain Portions of Executive Order No. 264, Series of 2000, Entitled ‘Establishing the Information Technology and Electronic Commerce Council (ITECC) from the Merger of the National Information Technology Council (NITC) and the Electronic Commerce Promotion Council (ECPC) | 25 May 2001 |
| Republic Act No. 9178 | Barangay Micro Business Enterprises (BMBEs) Act of 2002 – An Act to Promote the Establishment of Barangay Micro Business Enterprises (BMBEs), Providing Incentives and Benefits Therefor, and For Other Purposes | 13 Nov 2002 |
| NCC Memorandum Circular No. 2003-01 | Guidelines on Creation Compliance to E-commerce Act (R.A. 8792) and Stage Two and Three of the UN-ASPA Five Stages of E-Government | 27 Dec 2005 |
| Executive Order No. 482 | Creating the National Single Window Task Force for Cargo Clearance | 28 Sep 2001 |
| Republic Act No. 10372 | An Act Amending certain Provisions of Republic Act No. 8293, Otherwise known as the “Intellectual Property Code of the Philippines”, and For Other Purposes | 28 Feb 2013 |
| DBM-approval of DTI Rationalization Plan placing the e-commerce-related under the Sector Planning Bureau | 17 Oct 2013 | |
| Republic Act No. 11032 | Ease of Doing Business and Efficient Government Service Delivery Act of 2018 – An Act Promoting Ease of Doing Business and Efficient Delivery of Governmetn Services, Amending for the Purpose Republic Act No. 9485, Otherwise knowas as the Anti-Red Tape Act of 2007, and for other purposes | 28 May 2018 |
| DICT Memorandum Circular No. 2019-001 | Prescribing the Implementing Rules and Regulations for Section 14 of R.A. 11032 – For the Department of Information and Communications Technology (DICT) to establish, manage and maintain the Philippine Business Databank (PBD) | 11 Sep 2019 |
| BSP Circular No. 1027 | Amendments to the Guidelines on the Computation of Required Capital | 28 Dec 2018 |
| BSP Circular No. 1033 | Amendments to Regulations on Electronic Banking Services and Other Electronic Operations | 22 Feb 2019 |
| BSP Circular No. 1068 | Extension of the Period for Registration/Notification of Operators of Payment Systems | 26 Dec 2019 |
| BIR RMC No. 57-2020 | Streamlining of Business Registration Requirements and Revised Checklist of Documentary Requirements | 12 Mar 2020 |
| BIR RMC No. 60-2020 | Obligations of Persons Conducting Business Transactions Through Any Forms of Electronic Media, and Notice to Unregistered Businesses | 10 Jun 2020 |
| DTI-DA-DOH-DENR-IPOPHL-NPC Joint Administrative Order No. 22-01 | Guidelines for Online Businesses Reiterating the Laws and Regulations Applicable to Online Businesses and Consumers | 4 Mar 2022 |
CONSUMER PROTECTION
| No. | Title | Date of Issuance |
|---|---|---|
| Republic Act No. 7394 | Consumer Act of the Philippines of 1991 | 13 Apr 1992 |
| Executive Order No. 264 | Consumer Protection for Electronic Banking | 01 Sep 2006 |
| NTC Memorandum Circular No. 05-06-2007 | Consumer Protection Guidelines | 08 Jun 2007 |
| DTI-DOH-DA Joint Department Administrative Order No. 1 | Rules and Regulations for Consumer Protection in a Transaction Covered by the Consumer Act of the Philippines (R.A. 7394) through Electronic Means under the E-commerce Act (R.A. 8792) | 20 Oct 2008 |
| DOJ Advisory Opinion No. 02-2012 | Advisory on Plagiarism “… if committed under certain circumstances, can amount to criminal violation of the Intellectual Property Code, the E-Commerce Act or the Cybercrime Prevention Act.” | 02 Oct 2012 |
| BSP Circular No. 857 | BSP Regulations on Financial Consumer Protection | 21 Nov 2014 |
| Insurance Commission Circular Letter No. 2014-47 | Guidelines on Electronic Commerce of Insurance Products | 21 Nov 2014 |
| DOJ Advisory Opinion No. 02-2015 | Advisory on Online Shopping Fraud | 30 Apr 2015 |
| Insurance Commission Circular Letter No. 2016-15 | Amendments to Guidelines on Electronic Commerce of Insurance Products | 15 Mar 2016 |
| Insurance Commission Circular Letter No. 2016-60 | Amendments to Guidelines on Electronic Commerce of Insurance Products | 15 Nov 2016 |
| NPC Advisory Opinion No. 2019-041 | Re: Credit Card Fraud Investigation | 23 Oct 2019 |
| NPC Advisory Opinion No. 2019-021 | Re: Automated Retrieval of Bank Transaction History | 29 May 2020 |
| DTI Department Administrative Order No. 20-05, s. 2020 | Development of a Philippine Online Dispute Resolution System (PODRS) | 29 Sept 2020 |
ELECTRONIC PAYMENT
| No. | Title | Date of Issuance |
|---|---|---|
| BSP Circular No. 240, Series of 2000 | BSP Circular on Electronic Banking Services – For this purpose, electronic banking shall refer to systems that enable bank customers to avail themselves of the bank’s products and services through a personal computer (using direct modem dial-in, internet access, or both) or a mobile/non-mobile phone. | 05 May 2000 |
| BSP Circular No. 269 | New Guidelines on E-Banking Activities | 21 Dec 2000 |
| Supreme Court Memorandum No. 01-7-01 | Rules on Electronic Evidence | 17 Jul 2001 |
| DTI-DOST Joint Department Administrative Order No. 2 | Providing Implementing Rules and Regulations on Electronic Authentication and Electronic Signatures | 28 Sep 2001 |
| Executive Order No. 40, s. 2001 | Consolidating Procurement Rules and Procedures for all Government Agencies, Government Owned or Controlled Corporations and Government Financial Institutions and Requiring the Use of the Government Electronic Procurement System | 08 Oct 2001 |
| IRR | Implementing Rules and Regulations on Executive Order No. 40 | 08 Feb 2002 |
| NCC Memorandum Circular No. 2002-01 | Guidelines on Creation of the Agency’s Official Website and Compliance to E-commerce Law and Stage One of the UN-ASPA Stages of E-Government | 11 Jul 2002 |
| Republic Act No. 9184 | Government Procurement Reform Act, “An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and For Other Purposes” | 10 Jan 2003 |
| Executive Order No. 163 S.2003 | Modifying the Rates of Import Duty of Information and Communications Technology (ICT) Products Under the Tariff and Customs Code of 1978 (Presidential Decree No. 1464, as Amended), in Order to Implement the e-ASEAN Framework Agreement | 10 Jan 2003 |
| DTI Department Administrative Order No. 01 | Prescribing Rules Governing the Voluntary Accreditation of Information Certifiers on Electronic Signatures | 24 Feb 2004 (Unpublished) |
| Executive Order No. 334, s. 2004 | Abolishing the Information Technology and Electronic Commerce Council and Transferring Its Budget, Assets, Personnel, Programs, and Projects to the Commission on Information and Communications Technology | 20 Jul 2004 |
| DOF-DTI Joint Department Administrative Order No. 02 | Guidelines Implementing R.A. 8792 on Electronic Payment and Collection System (EPCS) in Government | 25 Oct 2006 |
| DOF-DTI Joint Department Order No. 1 | Designation of Members of Government Electronic Payment and Collection System (GEPCSET) and Providing their Powers and Functions | 18 Jul 2007 |
| UN Convention | The Philippines signed the UN Convention on the Use of Electronic Communications in International Contracts (2005) | 25 Sep 2007 |
| BSP Circular No. 649 | Guidelines Governing the Issuance of Electronic Money (E-Money) and the Operations of Electronic Money Issuers (EMI) in the Philippines | 09 Mar 2009 |
| GPPB Resolution No. 03-2009 | Revised Implementing Rules and Regulations of the Government Procurement Reform Act | 22 Jul 2009 |
| Executive Order No. 810 | Institutionalizing the Certification Scheme for Digital Signatures and Directing the Application of Digital Signatures in E-Government Services | 15 Jun 2009 |
| DOF-DTI Joint Department Administrative Order No. 09-02 | Amendment and Supplement to JDAO No.02, S. 2006 and JDO No. 01, S. 2007 | 29 Jul 2009 |
| DTI-DOF Joint Department Administrative Order No. 10-01 | Guidelines on the Use of Access Devices for Payment of Fees, Charges, Assessments and Other Revenues Due to the Government through the Electronic Payment and Collection System (EPCS) of a Government Entity | 24 Mar 2010 |
| DTI Department Administrative Order No. 10-09 | Prescribing Rules Governing the Accreditation of Certification Authorities for Digital Signatures | 29 Sep 2010 |
| DTI Department Administrative Order No. 11-01 | Prescribing Rules and Guidelines for the Implementation of Executive Order No. 810, Series of 2009, Entitled “Institutionalizing the Certification Scheme for Digital Signatures and Directing the Application of Digital Signatures in E-Government Services” | 18 Feb 2011 |
| NTC Memorandum Circular No. 03-04-2018 | Guidelines on Electronic Billing (E-Billing) | 06 Apr 2013 |
| BSP Circular No. 808 | Guidelines on Information Technology Risk Management for All Banks and Other BSP Supervised Institutions | 22 Aug 2013 |
| BSP Circular No. 859 | Europay, Mastercard and Visa (EMV) Implementation Guidelines | 24 Nov 2014 |
| BSP Circular No. 980 | Adoption of National Retail Payment System (NRPS) Framework | 06 Nov 2017 |
| Circular Letter 2018-005 | Philippine Payments Management, Inc. (PPMI) | 12 Jan 2018 |
| Memorandum to All BSFIs M-2018-012 | Guidelines on the National Retail Payment System (NRPS) Key Principles and Specific Rules Applicable thereto | 23 Mar 2018 |
| Memorandum to all BSFIs M-2018-013 | Disclosure of Fees on Electronic Payments Pursuant to Circular 980 | 28 Mar 2018 |
| BSP Circular No. 1000 | Guidelines on the Settlement of Instant Retail Payments | 23 Apr 2018 |
| Memorandum to All BSFIs M-2018-021 | Frequently Asked Questions on Anti-Money Laundering-related concerns on the adoption of National Retail Payment Systems Framework | 12 Jul 2018 |
| Memorandum to All BSFIs M-2018-026 | Availability of InstaPay and PESONet in all existing electronic delivery channels | 04 Sep 2018 |
| Republic Act No. 11127 | National Payment Systems Act – An Act Providing for the Regulation and Supervision of Payment Systems | 30 Oct 2018 |
| BSP Circular No. 1022 | Amendments to Part Eight of the Manual of Regulations for Banks/Manual of Regulations for Non-Bank Financial Institutions and Circular No. 980 dated 06 November 2017 | 26 Nov 2018 |
| Memorandum to all BSFIs M-2019-001 | Personnel Education on and Publication of PESONet and InstaPay Information | 03 Jan 2019 |
| BSP Circular No. 1033 | Amendments to Regulations on Electronic Banking Services and Other Electronic Operations | 22 Feb 2019 |
| BSP Circular No. 1049 | Rules and Regulations on the Registration of Operator of Payment System | 09 Sep 2019 |
| Memorandum No. M-2019-025 | Electronic Submission of Application for Electronic Payment and Financial Services | 10 Oct 2019 |
| BSP Circular No. 1055 | Adoption of National Quick Response (QR) Code Standard | 10 Oct 2019 |
| Memorandum No. M-2020-033 | Waiver of Fees Related to the Grant of License or Authority to Provide Electronic Payments and Financial Services | Apr 2020 |
| BSP Circular No. 1089 | Payment System Oversight Framework | 07 Jul 2020 |
| BIR RMC No. 5-2021 | Provides the simplified policies on the application for registration of Computerized Accounting System, Computerized Books of Accounts and/or its components, including Electronic Storage System, middleware and other similar systems | 08 Jan 2021 |
| BSP Circular No. 1135 | Guidelines on the Settlement of Electronic Payments Under the National Retail Payment System (NRPS) Framework | 21 Jan 2022 |
| BSP Circular No. 1138 | Regulatory Reporting Standards for Operators of Payment System (OPS) | 1 Mar 2022 |
| BSP Memorandum No. M-2022-015 | Recommended Control Measures Against Cyber Fraud and Attacks on Retail Electronic Payments and Financial Services (EPFS) | 22 Mar 2022 |
| BSP Circular No. 1140 | Amendments to Regulations on Information Technology Risk Management | 24 Mar 2022 |
| Executive Order No. 170, s. 2022 | Adoption of Digital Payments for Government Disbursement and Collections | 12 May 2022 |
INFORMATION AND COMMUNICATIONS TECHNOLOGY
| No. | Title | Date of Issuance |
|---|---|---|
| Executive Order No. 269, s. 2004 | Creating the Commission on Information and Communications Technology (CICT) | 12 Jan 2004 |
| CICT Memorandum Circular No. 1 | Guidelines in the Administration of the .ph Domain Name | Aug 2004 |
| NTC Memorandum Circular No. 05-08-2005 | Voice Over Internet Protocol (VOIP) | 23 Aug 2005 |
| NTC Memorandum Circular No. 06-08-2005 | Frequency Band Allocations for Broadband Wireless Access | 23 Aug 2005 |
| NTC Memorandum Circular No. 07-08-2005 | Rules and Regulations on the Allocation and Assignment of 3G Radio Frequency Bands | 23 Aug 2005 |
| NTC Memorandum Circular No. 04-06-2007 | Data Log Retention of Telecommunications Traffic | 08 Jun 2007 |
| Republic Act No. 10844 | Department of Information and Communications Technology Act of 2015 – An Act Creating the Department of Information and Communications Technology, Defining its Powers and Functions Appropriating Funds Therefor, and For Other Purposes | 23 May 2016 |
| NTC Memorandum Circular No. 10-12-2016 | Rules on the Measurement of Mobile Broadband/Internet Access Service | 13 Dec 2016 |
| Republic Act No. 10929 | Free Internet Access in Public Places Act – An Act Establihsing the Free Internet Access Program in Public Places in the Country and Appropriating Funds Therefor | 02 Aug 2017 |
| DICT Department Circular No. 12-C | Digital Education Program- Project 3 | 18 June 2020 |
| Executive Order No. 127, S. 2021 | Expanding the Provision of Internet Services Through Inclusive Access to Satellite Services, Amending Executive Order No. 467 (S. 1998) For The Purpose | 10 March 2021 |
DATA PRIVACY & SECURITY
| No. | Title | Date of Issuance |
|---|---|---|
| BSP Circular No. 511, s. 2006 | Guidelines on Technology Risk Management | 03 Feb 2006 |
| DTI Department Administrative Order No. 8 | Prescribing Guidelines for the Protection of Personal Data in Information and Communications System in the Private Sector | 21 Jul 2006 |
| Executive Order No. 47, s. 2011 | Reorganizing, Renaming, and Transferring the Commission on Information and Communications Technology and its Attached Agencies to the Department of Science and Technology, Directing the Implementation Thereof and for Other Purposes | 23 Jun 2011 |
| Republic Act No. 10173 | Data Privacy Act of 2012 – An Act Protecting Individual Personal Information in Information and Communications Systems in the Government and the Private Sector, Creating for this Purpose a National Privacy Commission, and for Other Purposes | 15 Aug 2012 |
| Republic Act No. 10175 | Cybercrime Prevention Act of 2012 – An Act Defining Cybercrime, Providing for the Prevention, Investigation, Suppression and the Imposition of Penalties Therefor and for Other Purposes | 12 Sep 2012 |
| Executive Order No. 189, s. 2015 | Creating the National Cybersecurity Inter-Agency Committee | 17 Sep 2015 |
| Executive Order No. 95, S. 2019 | Reorganizing the National Cybersecurity Inter-Agency Committee, Amending Executive Order No. 189 (S. 2015) And For Other Purposes | 15 Nov 2019 |
| NPC Circular No. 2020-03 | Data Sharing Agreements | 23 Dec 2020 |
TAXATION
| No. | Title | Date of Issuance |
|---|---|---|
| BIR Revenue Memorandum Circular No. 55-2013 | Reiterating Taxpayers’ Obligations in Relation to Online Business Transactions | 22 Aug 2013 |
| COA Circular No. 2013-007 | Guidelines for the Use of Electronic Official Receipts (eORs) to Acknowledge Collection of Income and Other Receipts of Government | 18 Sep 2013 |
| BIR RMC 60-2020 | Obligations of Persons Conducting Business Transactions Through Any Forms of Electronic Media, and Notice to Unregistered Business. | 1 Jun 2020 |
| BIR RMC No. 4-2021 | Prescribes the guidelines in the filing of tax returns, including the required attachments, and payment of internal revenue taxes | 08 Jan 2021 |
| BIR RMC No. 13-2021 | Announces the availability of the BIR Mobile Taxpayer Identification Number Verifier Application | 27 Jan 2021 |
Proposed Bills
| No. | Title | Date of Issuance |
|---|---|---|
| CR No. 00543 HB No. 7805 | An Act Protecting Consumers and Merchants Engaged in Internet Transactions, Creating For This Purpose The ECommerce Bureau And Appropriating Funds Therefor | Oct 1 2020 |
| HB No. 6122 | An Act of Protecting Consumers and Merchants Engaged in Internet Transactions, Creating for this Purpose the ECommerce Bureau and Appropriating Funds Therefor | Jan 30 2020 |
| SB No. 1591 | An Act Protecting Consumers and Merchants engaged in Internet Transactions, Creating for this Purpose the Ecommerce Bureau and Appropriating Funds Therefor | Jun 9, 2020 |
| HB 7084 | An Act Providing For Certain Exemptions From National Internal Revenue Taxes, And A Simplified Business Registration Process For Small-Time Online Sellers | 10 July 2020 |
| SB No. 1677 | An Act Providing Measures To Protect Individuals Engaged In Food And Grocery Delivery Services | 3 Aug 2020 |
| SB No. 1758 | An Act Amending Republic Act No. 8792 Or Otherwise Known As The Electronic Commerce Act Of 2000, And For Other Purposes | 20 Aug 2020 |
| SB No.1808 | An Act Promoting Online Transactions, Safeguarding The Rights Of Consumers And Merchants, And For Other Purposes | 8 Sept 2020 |
| SB No. 1840 | An Act Amending Republic Act No. 8762, Otherwise Known As The Retail Trade Liberalization Act Of 2000, By Lowering The Required Paid-Up Capital For Foreign Retail Enterprises, And For Other Purposes | 22 Sept 2020 |
| CR No. 00543 HB No. 7805 | An Act Protecting Consumers And Merchants Engaged In Internet Transactions, Creating For This Purpose The Ecommerce Bureau And Appropriating Funds Therefor | 1 Oct 2020 |
| CR No. 862 HB No. 08992 | An Act Promoting the Use of Digital Payments for Financial Transactions of the Government and All Merchants and for Other Purposes | 25 Mar 2021 |
| HB 8064 | An Act Directing The Department Of Trade And Industry (DTI) To Create An Online Market Platform For Filipino Creative Arts, Products And Services To Support Micro, Small And Medium Enterprises (MSMEs) Especially During The COVID-19 Pandemic And Providing Funds Therefor | 23 Nov 2020 |
| HB 7805 | An Act Providing Protection To Consumers And Merchants Engaged In Internet Transactions, Creating For The Purpose The Electronic Commerce Bureau, And Appropriating Funds Therefor | 24 Nov 2020 |
| HB 9245 | An Act Strengthening The Discount And Privileges Of Senior Citizens, Persons With Disabilities, and Students In Digital Transactions, Institutionalizing Mechanism Therefor and For Other Purposes | 23 Apr 2021 |
| SB Bo. 1764 | An Act Promoting the Use of Digital Payments for Financial Transactions of the Government and All Merchants and for Other Purposes | 11 Sept 2021 |
| HB No. 7425 | An Act Imposing Value-Added Tax on Digital Transactions in the Philippines, amending for the Purpose Sections 105, 108, 109, 110, 113, 114 and 236 and Adding a New Section 105-A of the National Internal Revenue Code of 1997, as Amended | 21 Sept 2021 |
| An Act Establishing a Fiscal Regime for the Digital Economy, Amending for the Purpose Sections 22, 42, 50 and 57 of Republic Act No. 8424, Otherwise known as “The National Internal Revenue Code of 1997” or “Digital Economy Taxation Act” | 23 Mar 2022 |