[1] Refers to information and communication technology-enabled mechanisms that connect and integrate producers and users in online environments where goods and services are requested, developed and sold, and data is generated and exchanged, such as, but not limited to, e-marketplace, mobile application platforms, online delivery platforms, social media platforms and travel platforms.
[2] Refers to digital platforms whose business is to connect online consumers with online merchants, facilitate and conclude the sales, process the payment of the products, goods or services through the platform, or facilitate the shipment of goods or provide logistics services and post-purchase support within such platforms, and otherwise retain oversight over the consummation of the transaction.
[3] Refers to a person selling non-financial goods or services to online consumers through an e-marketplace or third-party digital platform. An e-retailer shall also be considered an online merchant if it offers the same goods or services outside its own website through a third-party digital platform and the online consumer purchases, leases, subscribes to, or obtains the service of the e-retailer through the said third-party platform.
[4] Refers to a natural or juridical person selling goods or services directly to online consumers through its own website, webpage or application.
[5] Doing business in the Philippines shall include soliciting orders, service contracts, opening offices, whether called "liaison" offices or branches; appointing representatives or distributors domiciled in the Philippines or who in any calendar year stay in the country for a period or periods totaling 180 days or more; participating in the management, supervision or control of any domestic business, firm, entity or corporation in the Philippines; and any other act or acts that imply a continuity of commercial dealings or arrangements, and contemplate to that extent the performance of acts or works, or the exercise of some of the functions normally incident to, and in progressive prosecution of, commercial gain or of the purpose and object of the business organization.
If you have any questions or require any additional information, please contact Aubbrey Lim or Reeneth Santos of Inicio Law (a member firm of the KPMG Law Network). This alert is for general information only and is not a substitute for legal advice.
[6] A crime committed by the intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
[7] A crime committed by the unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent.
[8] A crime committed by the input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible, or the act of knowingly using computer data which is the product of computer-related forgery as defined, for the purpose of perpetuating a fraudulent or dishonest design.
[9] Or 6 years and one day to 12 years.
If you have any questions or require any additional information, please contact Aubbrey Lim or Reeneth Santos of Inicio Law (a member firm of the KPMG Law Network).
This alert is for general information only and is not a substitute for legal advice.