Short Title.
Section 1
SECTION 1. Short Title. - This Act shall be known as the “Internet Transactions Act of 2023".
RA 11967 (Internet Transactions Act of 2023) CHAPTER I
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Declaration of Policy.
Section 2
SEC. 2. Declaration of Policy. - It is the policy of the State to promote and maintain a robust electronic commerce (e-commerce) environment in the country by building trust between online merchants and online consumers. The State recognizes the value and potential of the digital economy to increase competition and improve productivity. Toward this end, the State shall guarantee effective regulation of e-commerce to protect consumer rights and data privacy, encourage innovation, promote competition, secure internet transactions, uphold intellectual property rights, ensure product standards and safety compliance, and observe environmental sustainability.
Scope and Coverage.
Section 3
SEC. 3. Scope and Coverage. - This Act shall apply to all business-to-business and business-to-consumer internet transactions within the mandate of the Department of Trade and Industry (DTI), 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: Provided, That online media content, and consumer-to-consumer (C2C) transactions shall not be covered under the Act.
Definition of Terms.
Section 4
SEC. 4. Definition of Terms. - As used in this Act: (a) Business-to-business Transaction refers to internet transactions between businesses, such as between a manufacturer and a wholesaler, or a wholesaler and a retailer, whether the transacting parties are natural or juridical persons; (b) Business-to-consumer Transaction refers to internet transactions between businesses and end-users; (c) Consumer-to-consumer (C2C) Transactions refer to transactions between end-users done for personal, family, or household purposes and not done in ordinary course of business; (d) Digital Platforms refer 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; (e) E-marketplace refers to digital platforms whose business is to connect online consumers with online merchants, facilitate the shipment of goods or provide logistics services and post-purchase support within such platforms, and otherwise retains oversight over the consummation of the transaction; (f) E-retailer refers to a natural or juridical person selling goods or services directly to online consumers through its own website, webpage or application; (g) Goods refer to physically or digitally produced items over which ownership or proprietary rights may be established and transferred from one (1) institutional unit to another by entering into a transaction; (h) Internet Transaction refers to the sale or lease of digital or non-digital goods and services over the internet. For purposes of this Act, internet transactions shall also refer to e-commerce; (i) Online Consumer refers to a natural or juridical person who purchases, leases, receives, or subscribes to goods or services over the internet for a fee; (j) Online Merchant refers to a person selling non-financial goods or services to online consumers through an e-marketplace or third-party digital platforms. 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; and (k) Producer refers to the manufacturer or importer of goods, or any person purporting to be manufacturer, who places its name, trademark, or other distinctive sign on goods.
Extra-territorial Application.
Section 5
SEC. 5. Extra-territorial Application. - A person who engages in e-commerce, who avails of the Philippine market to the extent of establishing minimum contacts herein, shall be subject to applicable Philippine laws and regulations and cannot evade legal liability in the Philippines despite lack of legal presence in the country.
Equal Treatment of Online and Offline Commercial Activities.
Section 6
SEC. 6. Equal Treatment of Online and Offline Commercial Activities. - Unless otherwise specified, this Act shall be construed to ensure that those who engage in e-commerce shall not enjoy any beneficial treatment that is more favorable, nor be placed at a disadvantage, in relation to other enterprises that offer goods and services offline in the Philippines.
Back to RA 11967 (Internet Transactions Act of 2023) — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).