E-Commerce

Question 1

General
- to recognize authenticity and reliability of e-message and e-docu
- whether domestic or foreign
- whether commercial or non-commercial

Government → must transition to electronic within 2 years

Answer 1

Yes

Question 2

Definition of Terms
- Service Provider → cannot alter, modify = only retain (e.g. messenger, gmail)
- EDM → information in electronic means
- Electronic Key → secret code (e.g. password)
- E-Document → information… right is established or obligation extinguished

Answer 2

ED → functional equivalent of written document
- does not modify other rules except relating to authentication and best evidence

Authentication of EDM and ED
- Supreme Court → the one who will provide rules

Question 3

Validity of EDM and ED
- Banks → consummated upon actual debit and credit (obligation is absolute, no preference of credits)

Attribution of EDM and ED
- Originator → if sent by (1) himself, (2) authorized person, (3) system-generated
- each EDM / ED → generally, treat as separate

Acknowledgement Receipt
- not necessary (XPN : agreed, requested)

Answer 3

Yes

Question 4

Time of Dispatch
- based on agreement
- XPN : when it enters a system outside control of originator

Time of Receipt
- based on agreement
- XPN : with designated system → upon entry in designated system
- XPN : X designated system → upon entry in addressee’s system
- XPN : if both are participants → upon retrieval by addressee

Place of Dispatch and Receipt (for tax situs)
- based on agreement
- XPN : dispatched → originator’s place of business
- XPN : received → addressee’s place of business

Answer 4

Place of Business
- more than 1 place → closest relationship to transaction
- no place → habitual residence
- corporation → place of incorporation