February 01, 2013
MIS AND COMPUTER
Compare and contrast Philippine e-commerce law and US.
How are they similar?
Both laws were on the same objective of facilitating domestic and international dealings, transactions arrangement, agreements and storage of information through the use of technology through legalizing and giving equal value the transaction done electronically as of the one done with paper works, like these laws provide and mandate that the electronic signature and hand written signature in a contracts will be of no different given certain requirements to be met and therefore subject to same legal scrutiny of authenticity that applies to paper documents, both laws permit contracting parties to take advantage of the efficiencies that only the digital world can offer, also these laws do not limit, alter or affect any requirement imposed by any regulation or rule of law other than the requirement that contracts or other records be written, signed or in non electronic form, Both laws still preserve the right of every person to perform hand written signatures and do not require individual to do it electronically, these were just some of the similarities of E-commerce law of the Philippines and of that of the US which were given enough emphasis by the government of both countries. 2.
How are they different?
The E-commerce law of the Philippines shall apply to any kind of 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 while Electronic Signatures in Global and National Commerce Act of US also known as E-SIGN does not apply to all writings in terms of scope, it applies only to “any transaction in or affecting interstate or foreign commerce” to which “transaction” being defined as an action or set of actions relating to the conduct of business, consumer, or commercial affairs between two or more persons, thus, E-sign will not be applied to either non-transactional or unilateral actions. 3.
In your own opinion, which one do you think is better? Justify your answer. Although a huge part of our laws were adapted from US case and no matter how good the Electronic Signatures in Global and National Commerce Act of US and even of that of the other nations are; the idea that the Philippine E-commerce law is a good one still remains, for the reason that the E-commerce law of the Philippine before coming into effect it has undergone various stages considering factors that can be observed in this country and it has been scrutinized by the lawmakers of the Philippines, and obviously they are the ones who know best and can really heed the problem that the Philippines has been facing and not the law makers of the US nor of the other territories, shortly, E-commerce law of the Philippine has been implemented and came into effect as the Philippine government views it as it is the more appropriate one, the same thing for the Electronic Signatures in Global and National Commerce Act of US which in my opinion suits best only in that particular country as their congress sees it to be the best one in their land which has unique framework and guidelines which supports the execution of it which is the same as we have ours, and aside from those reasons certain barriers and cultural differences should be taken into consideration as well, for it is the main point why a certain law of the country will not be as effective or relevant if it will be applied to other territories .
Do you think e-commerce law of and cybercrime law in the Philippines are enough? If yes, what other areas or concerns you think important that should be included in the e-commerce law? Cite issues if necessary.
If I’d be asked “are the e-commerce law and cyber crime law enough?” I think, I have to say ‘No’ these laws are not enough if...
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