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AllBar 2024COMMERCIAL AND TAXATION LAWSIX. ELECTRONIC COMMERCE ACT (R.A. No. 8792)A. Legal Recognition of Electronic Data Messages, Documents, and Signatures (Sections 6-11)

Question

Question: Legal Recognition of Electronic Data Messages, Documents, and Signatures

Scenario: John and Mary enter into an online contract for the sale of a vintage guitar. They communicate through email and exchange electronic documents and signatures. However, a dispute arises regarding the validity of their electronic agreement.

Based on the provisions of the Electronic Commerce Act (R.A. No. 8792), as well as relevant jurisprudence, determine the legal effect and recognition of electronic data messages, documents, and signatures in the following situations:

  1. John claims that the electronic document containing the terms of the contract, as well as his electronic signature, is not legally binding. Discuss the legal recognition of electronic data messages and electronic signatures under the law.
  2. Mary argues that the electronic document containing the terms of the contract is tampered with and modified without her knowledge or consent. Explain the legal recourse available to Mary and the evidentiary value of electronic data messages in proving the authenticity and integrity of the contract.
  3. A third party disputes the authenticity and integrity of the electronic document, alleging that it was not properly authenticated. Discuss the legal requirements for authentication of electronic data messages and the consequences of non-compliance.



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Bar Review Question: Question: Legal Recognition of Electronic Data Messages, Documents, and Signatures Scenario: John