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Database

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Restrictions on data

PHILIPPINES


Chapter Content access  |  Sub-chapter Bandwidth, net neutrality
Value-added telecommunications license
Philippine regulators have occasionally required cloud service providers to obtain a value-added telecommunications services license, and these licenses are only available to Filipino companies.
Additionally, cloud services companies also may be hampered by government procurement rules. In January 2017, the Department of Information and Communications Technology (DICT) released a circular requiring government agencies to procure cloud services from cloud service providers accredited by GovCloud. GovCloud is a public service cloud infrastructure set up by DICT for use of Philippine government agencies.
Coverage Cloud services
Restrictions on data

PHILIPPINES


Chapter Content access  |  Sub-chapter Censorship and filtering of web content
Value-added telecommunications license
Philippine regulators have occasionally required cloud service providers to obtain a value-added telecommunications services license, and these licenses are only available to Filipino companies.
Additionally, cloud services companies also may be hampered by government procurement rules. In January 2017, the Department of Information and Communications Technology (DICT) released a circular requiring government agencies to procure cloud services from cloud service providers accredited by GovCloud. GovCloud is a public service cloud infrastructure set up by DICT for use of Philippine government agencies.
Coverage Cloud services
Restrictions on data

PHILIPPINES

Since September 2012

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
Data Privacy Act of 2012 (Republic Act No. 10173)
The "Personal Information Controller" of an organisation must appoint an individual or individuals who shall be accountable for the organisation's compliance with the Data Privacy Act and the identity of such individual(s) must be disclosed to the data subjects upon the latter's request.
Coverage Horizontal
Restrictions on data

PHILIPPINES

Since September 2012

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
Data Privacy Act of 2012 (Republic Act No. 10173)
Under the Data Privacy Act, the processing of sensitive personal information and privileged information is prohibited except where:
- the data subject has given his or her consent;
- the processing is provided for by existing laws and regulations;
- the processing is necessary to protect the life and health of the data subject or another person, and the data subject is not able to give consent;
- the processing is carried out for limited non-commercial purposes by public organisations and their associations;
- the processing is necessary for purposes of medical treatment; or
- the processing is necessary for court proceedings or legal claims, or is provided to the government or a public authority.
Coverage Horizontal
Restrictions on data

PHILIPPINES

Since September 2012

Chapter Data policies  |  Sub-chapter Data retention
Data Privacy Act of 2012 (Republic Act No. 10173)
A general principle of the Data Privacy Act requires personal information to be retained only for as long as necessary, as needed for legal claims or legitimate business purposes, or as provided by law.
Coverage Horizontal
Restrictions on data

PHILIPPINES

Since December 2015

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Guidelines on Outsourcing

Resolution No. 2115 of 2015 - Amendments in the Manual of Regulations for Banks and Manual of Regulations for Non-Bank Financial Institutions on the guidelines on outsourcing
According to the Circular No. 899, offshore outsourcing of bank's domestic operations is permitted only when the service provider operates in jurisdictions which uphold confidentiality. When the service provider is located in other countries, the bank should take into account and closely monitor, on continuing basis, government policies and other conditions in countries where the service provider is based during risk assessment process.

The Bangko Sentral (the Central Bank of Philippines) examiners shall be given access to the service provider and those relating to the outsourced domestic operations of the bank. Such access may be fulfilled by on-site examination through coordination with host authorities, if necessary.
Coverage Financial Sector
Establishment restrictions

PHILIPPINES

Since 1974

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Labor code of the Philippines, Title II, article 40
For intra-corporate transferees (ICT), contractual service suppliers (CSS) as well as independent service suppliers (ISS), there are labour market tests required. They state that the employment permit may be issued to a non-resident foreign worker or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the foreign service supplier is desired.
Coverage Horizontal
Establishment restrictions

PHILIPPINES

Since 1974

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
De facto quota
Although no quota is explicitely stated in Philippines law, there is de facto a quota of 5% which is applicable to foreign workers occupying supervisory, technical and advisory positions within firms.
Coverage Horizontal
Establishment restrictions

PHILIPPINES

Reported in 2018

Chapter Competition policy  |  Sub-chapter Competition
WTO Reference Paper on Basic Telecommunications
Philippines is a signatory of the WTO Reference Paper on Basic Telecommunications, but it has not ratified it yet.
Coverage Telecommunication sector
Establishment restrictions

PHILIPPINES

Reported in 2015

Chapter Competition policy  |  Sub-chapter Competition
Local Loop Unbundling
Only partial foreign ownership is allowed in the telecommunication market, despite the sector was liberalized in the mid-1990s, alongside with the introduction of pro-competition and pro-access rules. The incumbent Philippine Long Distance Telephone Company (PLDT) owns and operates the most extensive last-mile access network in the country.
Coverage Telecommunication sector
Establishment restrictions

PHILIPPINES

Reported in 2015

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright inadequately enforced
It is reported that enforcement actions on copyright infrigment are often not followed by successful prosecutions. Moreover, it is reported that intellectual property infringement is not considered a major crime in the Philippines and takes lower priority in court proceedings.
Coverage Horizontal
Establishment restrictions

PHILIPPINES

Since 1998

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Intellectual Property Code, officially known as Republic Act No. 8293
Section 185 of the Intellectual Property Code provides for fair use of copyrighted material. The criteria for fair use is almost identical to the fair use doctrine in United States copyright law, with the exception that also unpublished works qualify as fair use under Philippine copyright law.
Coverage Horizontal
Establishment restrictions

PHILIPPINES

Reported in 2010

Chapter Investment  |  Sub-chapter Screening of investment and acquisitions
Investment provision
For companies that have a legislative franchise, the approval of the Congress for mergers and acquisitions in the telecommunication sector is necessary. The approval of the National Telecommunication Commission and the Securities and Exchange Commission is also necessary.
Coverage Telecommunication sector
Establishment restrictions

PHILIPPINES

Reported in 2015

Chapter Investment  |  Sub-chapter Restrictions on board of directors and managers
Residency requirement
All executive and managing officers of public utility companies must be Philippine citizens.Therefore, in the case of telecommunications companies, foreigners may not serve as executives or managers.
Coverage Telecommunication sector
Establishment restrictions

PHILIPPINES

Reported in 2015

Chapter Investment  |  Sub-chapter Restrictions on board of directors and managers
Residency requirement
In general, the number of directors can be no fewer than five and no more than 15, the majority of whom should be residents in the Philippines. Furthermore, in the case of telecommunications companies, the number of foreign directors allowed is tied to the proportion of foreign investment in the company.
Coverage Horizontal