Creation and Composition of the E-Commerce Bureau.
SEC. 7. Creation and Composition of the E-Commerce Bureau. - Within six (6) months after the effectivity of this Act, the E-Commerce Bureau, hereinafter referred to as the Bureau, shall be created under the DTI.
The Bureau shall be headed by a Director and at lease one (1) Assistant Director who must possess competencies in e-commerce and online transactions, and all the laws and process related thereto.
The DTI Secretary shall determine the organizational structure and staffing pattern of the Bureau, subject to the approval of the Department of Budget and Management and consistent with the civil service laws, rules, and regulations.
Functions of the E-Commerce Bureau.
SEC. 8. Functions of the E-Commerce Bureau. - The Bureau shall have the following powers and functions:
(a) Formulate policies, plans, and programs to ensure the robust and dynamic development of e-commerce;
(b) Implement, monitor, and ensure strict compliance with the provisions of this Act;
(c) Exert efforts to enforce the registration of digital platforms and online merchants with the Bureau and to require the submission of information necessary for policy-making and program development purposes, consistent, however, with the principles of minimization and proportionality in data privacy;
(d) Identify regulatory gaps affecting the e-commerce and recommend appropriate executive or legislative measures that foster the growth of the sector;
(e) Receive and refer business and consumer complaints on internet transactions to the appropriate government agency, consistent with the no-wrong door policy of the DTI;
(f) Coordinate with or petition, through the DTI Secretary, whenever appropriate, any entity, government agency, or instrumentality to take action on any matter that may impede e-commerce;
(g) Investigate, motu propio, and recommend the filing of the appropriate case for violations of this Act;
(h) Monitor the implementation of this Act for policy-making and program development purposes;
(i) Develop consumer education and information programs for consumers of different ages, incomes and literacy, giving special attention to the needs of vulnerable and disadvantaged consumers, by raising awareness on rights, responsibilities, and red flags in internet transactions, with the goal of enabling consumers to make informed choices and preventing them from falling prey to online frauds and scams;
(j) Collaborate with the Bangko Sentral ng Pilipinas (BSP) and other government agencies to develop frameworks to incentivize the use of digital payments and promote their education and adoption among businesses and consumers; and
(k) Engage with law enforcement and other relevant government agencies in a formalized inter-regulator cooperation mechanism to address all cross-cutting issues and concerns that affect online consumers and the general public.
The powers of the Bureau shall not be exercised in a manner that stifles innovation, restricts competition, creates barriers to entry in trade, or impedes the ease of doing business.
Referral and Tracking of Complaints.
SEC. 9. Referral and Tracking of Complaints. - The Bureau shall refer any complaint it receives involving violations of other laws committed in the course of e-commerce activities to the appropriate regulatory authority for action. In appropriate cases, the DTI may initiate a formal complaint with the appropriate regulatory authorities. The Bureau shall track any such complaint or referral and coordinate the speedy resolution thereof.
Online Business Database (OBD).
SEC. 10. Online Business Database (OBD). - Within one (1) year from the effectivity of this Act, the Bureau shall establish a database of digital platforms, e-marketplaces, e-retailers, and online merchants engaged in e-commerce in the Philippines that will provide the government and online consumers access to contact information of online businesses.
In establishing the PBD, the DTI shall utilize existing business databases and coordinate with other agencies that already maintained the same or similar database.
The DTI, in consultation with the Department of Information and Communications Technology (DICT), the National Privacy Commission (NPC), the Philippine Competition Commission (PCC), the Securities and Exchange Commission (SEC), the Cooperative Development Authority (CDA) and other concerned agencies shall issue the regulations to govern the development, management, operation, and maintenance of the OBD, consistent with Republic Act No. 11032 or the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018".
E-Commerce Philippine Trustmark.
SEC. 11. E-Commerce Philippine Trustmark. - To provide assurance of safety and security in internet transactions, the DTI shall encourage the development of an E-Commerce Philippine Trustmark, hereinafter referred to as the "Trustmark," which may be established and operated by an industry-led private sector governance body.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
