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e-Commerce Law

The Electronic Commerce and Transactions Law, also known as e-Commerce Law, outlines rules and regulations concerning electronic business. 

The law gives legal weight to business transactions conducted over electronic communications such as e-mails. It includes the legal validity of electronic contracts and signatures. 

Electronic Signatures

The legalization of e-signatures makes it more convenient for people to conduct business online. A valid e-signature should meet the follow criteria:

  • Signatory must be identified as the sole owner of the signature.
  • The signatory must have control of the signature during the time of signing.
  • Any changes to the signature made after the time of signing must be detectable.
  • Where the purpose of the legal requirement for a signature is to provide assurance to the integrity of the information which it relates, any alteration made to that information after the time of signing must be detectable.

Consumer Protection

The e-Commerce Law aims to protect consumers online in a number of ways:

  • Spam does not count as electronic communication. 
  • Consumers have up to three days to rescind or cancel any contract they enter into electronically.
  • Consumers may terminate a contract if there is a delay of service delivery of more than 30 days.
  • There's no obligation for consumers to pay to return goods that were delivered in error.
  • Service providers may not use, keep or share their customers' personal information for undisclosed or unauthorized purposes, unless permitted or required by law or consented by the customer. 

Legal Scope

The e-Commerce Law does not apply to all types of electronic contracts. The following types are not legally bound:

  • Documents related to family and personal status
  • Documents that create interests in land
  • Documents that are required by law to be authenticated by the notary public
  • Negotiable commercial instruments in accordance with the provisions of the Commerce Law

Download a copy of the E-Commerce Law.