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On 4 June 2024, the Department of Energy (DOE) issued the Revised Omnibus Guidelines Governing the Award and Administration of Renewable Energy Contracts and the Registration of Renewable Energy Developers (Department Circular No. DC2024-06-0018). The Revised Omnibus Guidelines amend the previous set of guidelines (i.e., Department Circular No. DC2019-10-0013) to integrate the latest policies and issuances from the DOE for an effective and efficient award and administration of Renewable Energy (RE) Contracts and registration of RE Developers in view of the increased interest of investors in this sector.

On 24 May 2024, Republic Act No. 11996, also known as the “Eddie Garcia Law,” was signed into law by the president of the Philippines. It took effect on 13 June 2024. The secretary of the Department of Labor and Employment, in consultation with the Movie and Television Industry Tripartite Council, other concerned government agencies, non-government organizations, and other stakeholders, is mandated to formulate the implementing rules and regulations within 90 days from the law’s effectivity.

Republic Act No. 11898, or the Extended Producer Responsibility Act of 2022 (“EPR Act”), lapsed into law on 23 July 2022 and took effect on 12 August 2022. Under the EPR Act, obliged enterprises, as part of a Collective or with a producer responsibility organization, are required to prepare and register with the National Ecology Center their extended producer responsibility program. 

The National Privacy Commission issued a press release on 5 June 2024 to “sternly” warn businesses processing personal information that it will issue show cause orders in the case of non-compliance with the Data Privacy Act of 2012 and relevant NPC issuances, particularly NPC Circular No. 2022-04, which outlines the registration framework for data processing systems and data protection officers.

The Data Privacy Act provides that a personal information controller (PIC) must implement reasonable and appropriate organizational, physical and technical measures intended for the protection of personal information against accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing. The PIC shall also protect personal information against natural dangers and human dangers. For this purpose, the National Privacy Commission (NPC) recently issued NPC Circular No. 2023-06 (“Circular”), which sets out the updated minimum requirements for the security of personal data.

Excerpt: On 5 December 2023, the Public-Private Partnership (PPP) Code of the Philippines (“PPP Code”) was enacted into law. The PPP Code was enacted to further the State’s policy to provide an enabling environment for the private sector to mobilize its resources to finance, design, construct, operate, and maintain infrastructure or development projects and services. The PPP Code provides for, among others, (i) a unified framework for both national and local PPP projects, (ii) stricter timelines for the evaluation and approval of PPP projects, and (iii) updated thresholds and requirements for approval of national and local PPP projects.

The National Privacy Commission (NPC) recently issued NPC Circular No. 2023-05, which sets out the prerequisites for certification under the Philippine Privacy Mark Certification Program.
The NPC Privacy Mark, obtained through the PPM Certification Program, offers the highest level of assurance on data privacy compliance and secure cross-border data transfers of personal information controllers and personal information processors. It helps data subjects identify organizations they can entrust their personal data with.
The Circular took effect on 15 March 2024.

The National Privacy Commission (NPC) recently issued NPC Circular No. 2024-01 (“Circular”), which amends certain provisions of the 2021 Rules of Procedure. The Circular aims to further streamline the process of receiving complaints and instituting investigations on matters affecting any personal information. The amendments impose certain requirements in case of privacy violation complaints by minors or persons alleged to be incompetent.

On 27 December 2023, the BIR published RR No. 16-2023 to amend RR No. 2-1998 and impose withholding tax on the gross remittances by e-marketplace operators and digital financial services providers to sellers/merchants. On 11 January 2024, the BIR issued RMC 8-2024 to provide guidance on the timeline and procedures to implement RR No. 16-2023. According to RR No. 16-2023, e-marketplace operators and digital financial services providers are allowed a transitory period of 90 days from the issuance of RMC 8-2024 to comply with the provisions of RR No. 16-2023.

The Doing Business in the Philippines handbook aims to equip both local and foreign entrepreneurs with a practical guide to navigating the ever-evolving business landscape in the Philippines. It provides information on the requirements needed when setting up and operating a business in the Philippines, including incentives under special registrations, taxation, employment, IP, dispute resolution, and industry-specific regulations.