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SEC. 6. Legal Recognition of Electronic Data Message. - Information shall not be denied validity or enforceability solely on the ground that it is in the form of a electronic data message purporting to give rise to such legal effect, or that it is merely incorporated by reference in that electronic data message.
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SEC. 7. Legal Recognition of Electronic Documents. - Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing, and -
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| (a) | | Where the law requires a document to be in writing, that requirement is met by an electronic document if the said electronic document maintains its integrity and reliability and can be authenticated so as to be usable for subsequent reference, in that - |
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| (i) | | The electronic document has remained complete and unaltered, apart from the addition of any endorsement and any authorized change, or any change which arises in the normal course of communication, storage and display; and |
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| (ii) | | The electronic document is reliable in the light of the purpose for which it was generated and in the light of all relevant circumstances. |
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| (b) | | Paragraph (a) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for the document not being presented or retained in its original form. |
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| (c) | | Where the law requires that a document be presented or retained in its original form, that requirement is met by an electronic document if - |
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| (i) | | There exists a reliable assurance as to the integrity of the document from the time when it was first generated in its final form; and |
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| (ii) | | That document is capable of being displayed to the person to whom it is to be presented:
Provided, That no provision of this Act shall apply to vary any and all requirements of existing laws on formalities required in the execution of documents for their validity.
For evidentiary purposes, an electronic document shall be the functional equivalent of a written document under existing laws.
This Act does not modify any statutory rule relating to the admissibility of electronic data messages or electronic documents, except the rules relating to authentication and best evidence.
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SEC. 8. Legal Recognition of Electronic Signatures. - An electronic signature on the electronic document shall be equivalent to the signature of a person on a written document if the signature is an electronic signature and proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed under which -
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| (a) | | A method is used to identify the party sought to be bound and to indicate said party’s access to the electronic document necessary for his consent or approval through the electronic signature; |
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| (b) | | Said method is reliable and appropriate for the purpose for which the electronic document was generated or communicated, in the light of all circumstances, including any relevant agreement;
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| (c) | | It is necessary for the party sought to be bound, in order to proceed further with the transaction, to have executed or provided the electronic signature; and
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| (d) | | The other party is authorized and enabled to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same. |
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SEC. 9. Presumption Relating to Electronic Signatures. - In any proceedings involving an electronic signature, it shall be presumed that,
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| (a) | | The electronic signature is the signature of the person to whom it correlates; and |
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| (b) | | The electronic signature was affixed by that person with the intention of signing or approving the electronic data message or electronic document unless the person relying on the electronically signed electronic data message or electronic document knows or has notice of defects in or unreliability of the signature or reliance on the electronic signature is not reasonable under the circumstances. |
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SEC. 10. Original Documents. - (1) Where the law requires information to be presented or retained in its original form, that requirement is met by an electronic data message or electronic document if:
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| (a) | | the integrity of the information from the time when it was first generated in its final form, as an electronic data message or electronic document is shown by evidence aliunde or otherwise; and |
| (b) | | where it is required that information be presented, that the information is capable of being displayed to the person to whom it is to be presented. |
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(2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for the information not being presented or retained in its original form. |
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(3) For the purposes of subparagraph (a) of paragraph (1):
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| (a) | | the criteria for assessing integrity shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement and any change which arises in the normal course of communication, storage and display; and
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| (b) | | the standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in the light of all relevant circumstances. |
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SEC. 11. Authentication of Electronic Data Messages and Electronic Documents. - Until the Supreme Court by appropriate rules shall have so provided, electronic documents, electronic data messages and electronic signatures, shall be authenticated by demonstrating, substantiating and validating a claimed identity of a user, device, or another entity in an information or communication system, among other ways, as follows:
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| (a) | | The electronic signature shall be authenticated by proof that a letter, character, number or other symbol in electronic form representing the persons named in and attached to or logically associated with an electronic data message, electronic document, or that the appropriate methodology or security procedures, when applicable, were employed or adopted by a person and executed or adopted by such person, with the intention of authenticating or approving an electronic data message or electronic document; |
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| (b) | | The electronic data message and electronic document shall be authenticated by proof that an appropriate security procedure, when applicable was adopted and employed for the purpose of verifying the originator of an electronic data message and/or electronic document, or detecting error or alteration in the communication, content or storage of an electronic document or electronic data message from a specific point, which, using algorithm or codes, identifying words or numbers, encryptions, answers back or acknowledgement procedures, or similar security devices. |
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The Supreme Court may adopt such other authentication procedures, including the use of electronic notarization systems as necessary and advisable, as well as the certificate of authentication on printed or hard copies of the electronic document or electronic data messages by electronic notaries, service providers and other duly recognized or appointed certification authorities.
The person seeking to introduce an electronic data message and electronic document in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic data message and electronic document is what the person claims it to be.
In the absence of evidence to the contrary, the integrity of the information and communication system in which an electronic data message or electronic document is recorded or stored may be established in any legal proceeding -
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| (a) | | By evidence that at all material times the information and communication system or other similar device was operating in a manner that did not affect the integrity of the electronic data message and/or electronic document, and there are no other reasonable grounds to doubt the integrity of the information and communication system; |
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| (b) | | By showing that the electronic data message and/or electronic document was recorded or stored by a party to the proceedings who is adverse in interest to the party using it; or
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| (c) | | By showing that the electronic data message and/or electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not act under the control of the party using the record. |
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SEC. 12. Admissibility and Evidential Weight of Electronic Data Message and Electronic Documents. - In any legal proceedings, nothing in the application of the rules on evidence shall deny the admissibility of an electronic data message or electronic document in evidence -
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| (a) | | On the sole ground that it is in electronic form; or |
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| (b) | | On the ground that it is not in the standard written form and electronic data message or electronic document meeting, and complying with the requirements under Sections 6 or 7 hereof shall be the best evidence of the agreement and transaction contained therein. |
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In assessing the evidential weight of an electronic data message or electronic document, the reliability of the manner in which it was generated, stored or communicated, the reliability of the manner in which its originator was identified, and other relevant factors shall be given due regard. |
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SEC. 13. Retention of Electronic Data Message and Electronic Document. - Notwithstanding any provision of law, rule or regulation to the contrary -
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| (a) | | The requirement in any provision of law that certain documents be retained in their original form is satisfied by retaining them in the form of an electronic data message or electronic document which - i. Remains accessible so as to be usable for subsequent reference;
ii. Is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to accurately represent the electronic data message or electronic document generated, sent or received;
iii. Enables the identification of its originator and addressee, as well as the determination of the date and the time it was sent or received.
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| (b) | | The requirement referred to in paragraph (a) is satisfied by using the services of a third party, provided that the conditions set forth in subparagraphs (i), (ii) and (iii) of paragraph (a) are met. |
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SEC. 14. Proof By Affidavit. - The matters referred to in Section 12, on admissibility and Section 9, on the presumption of integrity, may be presumed to have been established by an affidavit given to the best of the deponent's knowledge subject to the rights of parties in interest as defined in the following section. |
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SEC. 15. Cross-Examination. - (1) A deponent of an affidavit referred to in Section 14 that has been introduced in evidence may be cross-examined as of right by a party to the proceedings who is adverse in interest to the party who has introduced the affidavit or has caused the affidavit to be introduced.
(2) Any party to the proceedings has the right to cross-examine a person referred to in Section 11, paragraph 4, sub-paragraph c.
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