By: Atty. Gregorio B. Austral, CPA
RULE OF LAW
By: Atty. Gregorio B. Austral, CPA
The Powers of the E-Commerce Bureau
Pursuant to the Internet Transactions Act (R.A. No. 11967), an E-Commerce Bureau has been created under the Department of Trade and Industry (DTI).
The Bureau shall be headed by a Director and at least one (1) Assistant Director who must possess competencies in e-commerce and online transactions, and all the laws and processes 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.
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; aScITE
(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 proprio, 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 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.
||| (Internet Transactions Act of 2023, Republic Act No. 11967, [December 5, 2023])