30/07/2019 Republic Act No. 8792 | Official Gazette of the Republic of the Philippines Among others, the DTI is empowered to promulgate rules and regulations, as well as provide quality standards or issue certi cations, as the case may be, and perform such other functions as may be necessary for the implementation of this Act in the area of electronic commerce to include, but not limited to, the installation of an online public information and quality and price monitoring system for goods and services aimed in protecting the interests of the consuming public availing of the advantages of this Act. PART V Final Provisions SECTION 30(29). Extent of Liability of a Service Provider. — Except as otherwise provided in this Section, no person or party shall be subject to any civil or criminal liability in respect of the electronic data message or electronic document for which the person or party acting as a service provider as de ned in Section 5, merely provides access if such liability is founded on — a.) The obligations and liabilities of the parties under the electronic data message or electronic document; b.) The making, publication, dissemination or distribution of such material or any statement made in such material, including possible infringement of any right subsisting in or in relation to such material: Provided, That i. The service provider does not have actual knowledge, or is not aware of the facts or circumstances from which it is apparent, that the making, publication, dissemination or distribution of such material is unlawful or infringes any rights subsisting in or in relation to such material; ii. The service provider does not knowingly receive a nancial bene t directly attributable to the unlawful or infringing activity; and iii. The service provider does not directly commit any infringement or other unlawful act and does not induce or cause another person or party to commit any infringement or other unlawful act and/or does not bene t nancially from the infringing activity or unlawful act of another person or party: Provided, further, That nothing in this Section shall affect — a) Any obligation founded on contract; b) The obligation of a service provider as such under a licensing or other regulatory regime established under written law; or https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/ 16/20

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