Practice question
A foreign platform avails of the Philippine market, allows users here to access and use it, and permits them to exchange information, goods or services while in the Philippines. It says absence of a Philippine subsidiary necessarily prevents the IRR's deemed minimum contacts. Which is best?
- Those stated access, use and exchange conditions fit Section 2(m)'s deeming language; a missing local subsidiary does not itself defeat it.
- A local subsidiary is an indispensable part of the definition.
- Only the location of the platform's server can ever matter.
- All exchanges must first be completed in a physical Philippine office.
- The provision automatically decides damages without proof of any breach.
Legal references
- RA 11967, Internet Transactions Act, Sections 3-5 and 21-23: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/96902
- DTI-DICT-NPC Joint Administrative Order 24-03, May 24, 2024, ITA implementing rules, Sections 2(m),3-6: https://ecommerce.dti.gov.ph/wp-content/uploads/2024/06/Joint-Administrative-Order-No.-24-03.pdf
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