In 2008, the Department of Trade and Industry, the Department of Health, and the Department of Agriculture issued a joint administrative order implementing the Consumer Act of the Philippines (Republic Act No. 7394) and the E-Commerce Act (Republic Act No. 8792). The Joint DTI-DOH-DA Administrative Order No. 01 (the ‘Administrative Order’) provides rules and regulations protecting consumers during online transactions, particularly on the purchase of products and services. It covers both local and foreign-based retailers and sellers engaged in e-commerce.

The Administrative Order particularly requires retailers, sellers, distributors, suppliers or manufacturers engaged in electronic commerce with consumers to refrain from engaging in any false, deceptive and misleading advertisement prohibited under the provisions of the Consumer Act of the Philippines.

In line with the Administrative Order’s provision on fair marketing and advertising practices, retailers, sellers, distributors, suppliers or manufacturers engaged in electronic commerce are mandated to provide:

• fair, accurate, clear and easily accessible information describing the products or services offered for sale such as the nature, quality and quantity thereof; 
• fair, accurate, clear and easily accessible information sufficient to enable consumers to make an informed decision whether or not to enter into the transaction; and 
• such information that allows consumers to maintain an adequate record of the information about the products and services offered for sale.

A data subject must be provided with specific information regarding the processing of his personal data for direct marketing. In fact, the data subject shall have the right to object to the processing of his or her personal data, including processing for direct marketing.

In 2022, the NPC, together with other government agencies, issued Joint Administrative Order No. 2022-01 or the Guidelines for Online Businesses Reiterating the Laws and Regulations Applicable to Online Businesses and Consumers (the “Guidelines”). The Guidelines define the responsibilities of online sellers, merchants, or e-retailers under the Act, and seeks to ensure privacy protection and transparency, legitimate purpose and proportionality in data collection and processing.