Non-Paying Customers Online Philippines

Legal Implications of Exposing Non-Paying Customers Online in the Philippines

Question:

Someone bought from my online shop but didn't pay. Can I post that person and our conversation online to expose her? She accuses me of violating the Data Privacy Act (DPA). Is she correct?

Answer:

Applicable Laws:

1. Republic Act No. 10173 (Data Privacy Act of 2012) - Protects personal information, including electronic communications.
2. Republic Act No. 8792 (E-Commerce Act) - Contains provisions regarding online transactions.

Can You Post The Conversation Online?

Legally speaking, doing so can put you at risk of violating the Data Privacy Act of 2012. The DPA protects personal information, and exposing someone's name and conversation without consent is generally not allowed under the law.

What About "Exposure" for Non-Payment?

While you may feel justified in exposing the customer for not paying, the law does not provide a clear exemption for such actions in terms of data privacy. It's more advisable to follow the legal channels for debt collection.

What Legal Actions Can You Take Instead?

1. Send a Formal Demand Letter: Issue a demand letter outlining the specifics of the payment due.
2. Legal Actions: If payment is not received, consult a lawyer to consider filing a small claims case or other legal remedies.
3. Records-keeping: Maintain all documentation related to the transaction as you may need it for legal proceedings.

What If You've Already Posted It?

If you've already posted the conversation and are accused of violating the Data Privacy Act, it's crucial to consult a legal advisor immediately to understand your rights and potential liabilities.

Consumer and Business Rights:

You have the right to pursue payment, but it should be done in a manner that respects privacy laws. The consumer also has rights under the DPA that you as a business owner must adhere to.

Disclaimer:

This article is intended for general informational purposes only and should not be construed as legal advice. Consult a qualified attorney for advice specific to your situation.