Working in Tech? — Here are the Laws in the Philippines You Should be Aware of

Azisah (عزي) Domado
Nov 7 · 5 min read

Learning policies requires time. But here in the Philippines, information, especially regarding public policies, are not placed in a centralized manner, and thus not only learning policies would take time, but also finding them. Hence, I have decided to curate the laws here in the Philippines for anyone working in tech. This article is not only limited to policies involving implementations but as well as, the policies stating your rights when involved in a tech project.

The Philippines do not have a solid judicial system so for now, this article would just serve as a knowledge base. If I missed one, notify me on the comment section. — Updated as of Nov. 2019

Illustration: Azisah Domado

Intellectual Property

Republic Act №8293, also known as “The Intellectual Property Code”, as amended by R.A.s 9150, 9502, and 10372 — An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for Its Power and Functions, and for Other Purposes

For someone who barely reads any republic acts here in the Philippines, this one is considered a very comprehensive RA. As an overview, this republic act as five (5) parts and overall contains two-hundred forty-two (242) sections:

  • the first part of the republic act states the establishment of the Intellectual Property Office of the Philippines or IPOPHL, a government agency that is mandated to assist businesses, organizations, teams or individuals have their rights with the trademarks, patents, and technology they have created;
  • the second part meanwhile states the law on patents which includes what are considered as patents, how to file a patent, how it is granted, and how it is deemed invalid or canceled;
  • the third part states the law on trademarks, service marks, and trade names which includes how to register, the duration, the scope and limation, the penalties involved;
  • the fourth part states the law on copyright which includes what works can and cannot be protected by the law, right of ownership, the transfer, assignment and licensing of copyright, and further rights and limitations; and
  • the fifth part states the final provision of the republic act.

Republic Act №10055, also known as “Philippine Technology Transfer Act of 2009” — An act providing the Framework and Support System for the Ownership, Management, Use, and Commercialization of Intellectual Property Generated from Research and Development Funded by Government And For Other Purposes.

Freedom of Information

Executive Order №2, s. 2016, also known as the “Freedom of Information (FoI) Program”Operationalizing in the Executive Branch the People’s Constitutional Right to Information and the State Policies of Full Public Discloser and Transparency in the Public Service And Providing Guidelines Therefor.

Data Privacy

Republic Act №10173, also known as “Data Privacy Act of 2012” An Act of Protecting Individual Personal Information in Information and Communication Systems in the Government and Private Sector, Creating for this Purpose a National Privacy Commission, and For Other Purpose.

Security

Republic Act №10175, also known as “Cybercrime Prevention Act of 2012” — An Act Defining Cybercrime, Providing for the Prevention, Investigation, Suppression and the Imposition of Penalties therefor and for Other Purposes

Republic Act №11449An Act Providing for Aditional Prohibitions To and Increasing Penalties for Violation of Republic Act №8484, also known as the “Access Devices Regulation Act of 1998”

Confidentiality

Republic Act №11458 An Act Expanding the Coverage of Exemption from Revealing the Published News or Information Obtained in Confidence by Including Journalists from Broadcast, And News Agencies, Amending for the Purpose Section Section 1 of Republic Act №53, As Amended by Republic Act №1477

Trade

Republic Act №8792, also known as “Electronic Commerce Act” — An Act Providing and Use of Electronic Commercial and Non-Commercial Transactions, Penalties for Unlawful Use Thereof, and Other Purposes

Others

Republic Act №10055, also known as the “Philippine Technology Transfer Act of 2009” — An Act to Set the Philippine Standard Time (PST) in All Official Sources Throughout the Country, To Provide Funds For the Installation, Operation and Maintenance of Synchronized Time Devices to be Displayed in Key Public Places and To Declare the First Week of Every Year as National Time Consciousness Week


Formed Agencies

CICC, an attached agency of DICT — Executive Order №189, s. 2015,Creating the National Cybersecurity Inter-Agency Committee

DICT — Republic Act №10844, also known as the “Department of Information and Communications Technology Act of 2015” — An Act Creating the Department of Information and Communications Technology, Defining Its Powers and Functions Appropriating Fund Therefor, and For Other Purposes. — Visit the Department of Information and Communication Technology for more information.

PCC — Republic Act №10667, also known as the “Philippine Competition Act (PCA)” — An Act Providing for a National Competition Policy Prohibiting Anti-Competitive Agreements, Abuse of Dominant Position and Anti-Competitive Mergers and Acquisitions, Establishing the Philippine Competition Commission and Appropriating Fund Therefor — Visit Philippine Competition Commission for more information.

IPOPHIL — from Republic Act №8293, also mentioned earlier.


Curious? Those existed before 2000s

Executive Order №128,Reorganizing the National Science and Technology Authority

Republic Act №8439, also known as the “Magna Carta for Scientists, Engineers, Researchers, and other Science and Technology Personnel in the Government”

Republic Act №2067, As Amended by Republic Act. No 3589, also known as the “Science Act of 1958” — An Act to Integrate, Coordinate, and Intensify Scientific and Technological Research And Development And To Foster Invention; To Provide Therefor, And For Other Purposes


About the Curator and Their Interest in Tech Policies

As I graduated in Information Technology, I have learned about how to make systems more efficient and provide solutions, from a simple application program to a complex management system. It is always out-of-the-box and always asking what the client has and needs. However, one thing that I and other professionals in this area missed, are the policies that are associated when implementing it.

The first time I have considered policies when implementing an application was when I started a job in a Swedish company, and that time, General Data Protection Regulation (GDPR) was being complied by the company. This policy regulates businesses that store and process personal data of EU citizens. And it was really crucial considering the penalties and fine involved. I also understood how important this policy for the EU citizens considering the issues about the breaches in personal data, especially in a political sense.

The second time I have realized the criticality of being aware with policies is when I worked with a project that will be implemented within China. Which if you are not aware of, China has lots of online restrictions and censorship. It made me realized how policies can complicate things and in some cases, would delay a project. Fortunately, we have people that have great knowledge when it comes to Chinese policies. What if we did not have these people? Maybe the project would be more delayed, worse not implemented at all.

Azisah (عزي) Domado

Written by

Keen interest in #CogSci and #EthicalTech. Southeast Asian. Illustrations at be.net/domadotomato. Instagram at instagram.com/azisahdomado (she/they)

Welcome to a place where words matter. On Medium, smart voices and original ideas take center stage - with no ads in sight. Watch
Follow all the topics you care about, and we’ll deliver the best stories for you to your homepage and inbox. Explore
Get unlimited access to the best stories on Medium — and support writers while you’re at it. Just $5/month. Upgrade