Various agencies led by the Department of Trade and Industry (DTI) have signed Joint Administrative Order No. 24-03, Series of 2024 containing the Implementing Rules and Regulations (IRR) of Republic Act No. 11967, or The Internet Transactions Act of 2023 (ITA).
To recall, the ITA is intended to regulate e-commerce, protect consumer rights and data privacy, and uphold intellectual property rights.
The IRR clarifies the scope and coverage of the ITA, the enforcement powers of the DTI vis-à-vis other agencies, and the applicable procedure for imposition of fines.
Consent is not the only available lawful basis for processing personal information. Personal information controllers and other parties engaged in the processing of personal information may also use legitimate interest as a lawful basis for processing. However, these parties must be aware of the conditions and limitations for processing personal information based on legitimate interest. For this reason, the National Privacy Commission (“NPC”) recently issued NPC Circular No. 2023-07, which provides guidelines on the processing of personal information based on legitimate interest. The Circular takes effect on 14 January 2024.