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Philippines' Internet Transactions Act (ITA) – How Will This Impact the E-Commerce, Digital Businesses, and Consumers?

posted 11 months ago

The ITA aims to guarantee an effective regulation of e-commerce transactions by establishing an E-Commerce Bureau under the Department of Trade and Industry, which will spearhead the implementation of the law. This E-Commerce Bureau will serve as a “one-stop shop” that will formulate implemeting policies, carry out its provisions, and investigate violations, and overall handle and monitor the compliance of the law.

Under this law, all B2B and B2C internet transactions (defined as the sale or lease of digital or non-digital goods and services over the internet) where one (1) of the parties is situated in the Philippines, or where the digital platform, e-retailer, or online merchant, is availing of the Philippine market and has minimum contacts therein, will be covered.

The law excludes from its coverage online media content and C2C internet transactions.

ITA also sets forth the rights, obligations, and liabilities of all parties in internet transactions, with the objective of guarding consumer rights and securing internet transactions.

For online e-commerce platforms, digital businesses and e-marketplaces, the ITA, through the E-Commerce Bureau, will establish an online business database that will provide consumers access to contact information of online businesses.

Parties who are covered by this law should consider the requirements and obligations imposed, and review their existing processes, policies, and procedures to ensure compliance with the ITA.

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