What Must Philippine E-Retailers Display Online?

Introduction

Online sellers in the Philippines must provide consumers with enough information to identify and contact them. This requirement supports consumer trust, accountability, complaint resolution, and regulatory enforcement in internet transactions.

For e-retailers and online merchants, the principal rule is found in the Internet Transactions Act of 2023, or R.A. No. 11967. The law requires an e-retailer to publish specified business and contact information on its homepage, while also submitting supporting identification or registration documents to the Department of Trade and Industry (DTI) through the appropriate system.

Governing Law

R.A. No. 11967 applies to business-to-business and business-to-consumer internet transactions within the mandate of the DTI when one party is situated in the Philippines, or when the digital platform, e-retailer, or online merchant avails of the Philippine market and has minimum contacts in the country.

The Act generally covers e-retailers and online merchants selling digital or non-digital goods and services through the internet. Consumer-to-consumer transactions and online media content are outside the Act’s stated coverage.

Information Required on an E-Retailer’s Homepage

Under Section 23(f)(1) of R.A. No. 11967, an e-retailer must publish the following information on its homepage:

• Corporate and trade or business name. The appropriate corporate name, registered business name, or trade name must be displayed.
• Physical address. The e-retailer must state the address of its physical shop or place of business.
• Contact details. The published contact information must include a mobile or landline telephone number and a valid email address to ensure direct and efficient communication with consumers.
• Professional membership details, when applicable. If the service offered is connected with the exercise of a regulated profession, the e-retailer must disclose its membership in the relevant professional body or similar institution where it is registered or is a member.

The publication requirement is intended to make the seller identifiable and reachable. A seller that displays only a screen name, social-media account, or messaging-app handle may fail to provide the information contemplated by the law.

Corporate, Trade, and Business Names

The information displayed should accurately identify the entity or individual conducting the online business. A corporation should ordinarily use its corporate name together with its trade or business name, if different. A sole proprietor or other business operator should identify the registered business or trade name used in the transaction.

Using a brand name alone may create uncertainty about the party legally responsible for the sale. The business name shown online should be consistent, as far as applicable, with the seller’s registration, invoices or receipts, customer communications, and other official records.

Physical Address Requirement

An e-retailer must publish the address of its physical shop or place of business. The provision does not authorize the seller to replace this requirement with an email address, post-office box, social-media page, or vague statement that it operates “nationwide.”

The address should be sufficiently specific to identify the place of business. Where the seller operates from an office, warehouse, shop, or other business location, the published address should correspond to the location used in the seller’s business records and registration documents.

An online seller that has no physical business location should obtain appropriate legal and regulatory advice before representing that it complies with the requirement. The absence of a traditional storefront does not, by itself, eliminate the statutory duty to disclose a place of business.

Telephone and Email Contact Details

The homepage must contain contact details that include:

• a mobile or landline telephone number; and
• a valid email address.

These details must support direct and efficient communication with online consumers. They should therefore be monitored and capable of receiving consumer inquiries, complaints, notices, and transaction-related communications.

A seller should avoid displaying a number that is permanently unattended or an email address that is no longer active. Contact information that exists only formally but cannot receive or answer consumer communications may undermine compliance with the statutory purpose.

Professional Credentials for Regulated Services

Additional disclosure is required when the service offered by the e-retailer is connected with the exercise of a regulated profession. In that situation, the seller must provide details of its membership in the relevant professional body or similar institution with which it is registered or otherwise affiliated.

For example, an online professional service provider should identify the relevant professional registration or membership when the service requires the exercise of a profession regulated by Philippine law. The disclosure should not imply a license, accreditation, or membership that the provider does not actually possess.

This requirement is especially relevant to online services involving professional advice, regulated technical services, health-related services, accounting, legal services, engineering, architecture, and other activities subject to professional regulation. The exact disclosure may depend on the law governing the particular profession.

Documents to Be Submitted to the DTI

The information published on the homepage must also be submitted to the DTI’s appropriate regulatory system. Under Section 23(f)(1) of R.A. No. 11967, the submission must be accompanied by at least one valid government identification card or registration document as proof of identity.

For a juridical entity, the relevant registration document may include the entity’s applicable business or corporate registration record. For an individual seller, a valid government-issued identification document may be required, subject to the procedures and technical requirements adopted by the DTI.

The public disclosure requirement and the submission requirement are related but distinct. A seller should not assume that submitting information to the DTI replaces the duty to display the required information on its homepage.

Other Information That Online Sellers Must Provide

Homepage disclosures are only one part of an e-retailer’s duties. R.A. No. 11967 also requires e-retailers and online merchants to comply with other obligations, including the following:

• indicating prices consistently with the Consumer Act of the Philippines, R.A. No. 7394;
• ensuring that goods conform to their description, type, quantity, quality, sample, picture, model, and stated purpose;
• providing advertised accessories, packaging, manuals, and relevant instructions when applicable;
• protecting consumer personal data in accordance with the Data Privacy Act of 2012, R.A. No. 10173;
• issuing paper or electronic invoices or receipts for sales; and
• maintaining an accessible and efficient mechanism for handling consumer complaints.

The law also requires online offers to contain material product information. Depending on the type of platform and transaction, this may include the name and brand of the goods or services, price, description, condition, and the seller’s contact information.

Difference Between E-Retailers and Digital Platforms

An e-retailer or online merchant is generally the party offering or selling goods or services. It is primarily responsible for the consumer transaction and must comply with the direct disclosure duties applicable to sellers.

An e-marketplace or other digital platform may have separate duties. These may include requiring merchants to submit identification or registration documents, maintaining an updated merchant list, providing redress mechanisms, protecting consumer data, and requiring product offers to contain specified information.

The distinction matters because the seller’s disclosure obligations do not automatically become the platform’s responsibility. At the same time, a platform may incur liability if it fails to exercise ordinary diligence in performing its statutory duties.

Liability for Failure to Disclose or Perform Required Duties

Under R.A. No. 11967, the e-retailer or online merchant is primarily liable for indemnifying the consumer in civil actions or administrative complaints arising from the internet transaction. Other penalties under the Act and other applicable laws may also apply.

An e-marketplace or digital platform may be subsidiarily liable when, among other circumstances, it fails to exercise ordinary diligence in complying with its statutory obligations and that failure results in loss or damage to the consumer.

The Act also recognizes the importance of identifying online merchants. E-marketplaces and certain digital platforms may be required to provide merchant information upon issuance of a subpoena by a competent authority in an investigation based on a sworn complaint involving an alleged crime or malicious, fraudulent, or unlawful act, particularly when the complainant cannot ascertain the perpetrator’s identity.

Data Privacy Considerations

Publishing business contact information does not authorize an online seller to disclose unnecessary personal information. E-retailers, online merchants, e-marketplaces, and digital platforms remain subject to R.A. No. 10173 and applicable issuances of the National Privacy Commission.

A seller should distinguish between information that must be publicly displayed for transparency and information that should be retained securely for regulatory, contractual, or investigative purposes. Personal data should be collected, used, stored, and disclosed only for lawful and appropriate purposes.

Typical Compliance Problems

Common deficiencies include displaying only a brand name, omitting the physical address, using an inactive email address, failing to identify the responsible business entity, and claiming professional qualifications without disclosing the relevant registration or membership.

Another problem arises when the information displayed on the website differs from the information on invoices, registration records, or customer communications. Inconsistencies can make it difficult for consumers and regulators to determine who is responsible for the transaction.

Compliance Checklist for E-Retailers

An online seller should review its homepage and business records against the following checklist:

• Is the corporate, trade, or business name clearly displayed?
• Is the complete physical shop or business address stated?
• Is there an active mobile or landline number?
• Is there a valid and monitored email address?
• Are professional registration or membership details disclosed when the service involves a regulated profession?
• Has the required identity or registration document been submitted to the DTI?
• Do the homepage details match the seller’s registration documents and invoices?
• Are consumer complaints handled through an accessible and efficient redress mechanism?
• Are consumer data collected and protected consistently with R.A. No. 10173?

Final Observations

Philippine e-retailers must treat business identity and contact information as mandatory consumer disclosures, not optional website content. At a minimum, the homepage should state the seller’s corporate or business name, physical address, telephone contact, and valid email address, together with professional membership details when a regulated service is involved.

Online sellers should maintain consistency between their public disclosures, DTI submissions, business registrations, invoices, product listings, and customer-service channels. Regular compliance reviews can reduce disputes, improve consumer confidence, and help establish that the seller exercised the ordinary diligence required by R.A. No. 11967.

About Nicolas and De Vega Law Offices

 Nicolas and de Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com.