In Thailand, electronic signatures are commonly used in commercial transactions in the private sector. Certain state agencies have also adopted the use of electronic signatures. Thailand’s Electronic Transaction Act (ETA) governs electronic transactions, including electronic signatures. The ETA recognizes the validity of electronic documents or data messages that bear an electronic signature. Under the ETA, a document will not be denied legal effect and enforceability solely on the grounds that it is in an electronic format.
Under the ETA, an electronic signature will be recognized as a “wet” signature if it meets the following requirements:
An electronic signature will be deemed reliable if:
The ETA doesn’t distinguish between different types of electronic signatures. Accordingly, any electronic signature that meets the above requirements will be recognized as a “wet” signature.
According to a subordinate regulation issued under the ETA, electronic signatures cannot be applied to matters of family law and succession law. Apart from matters of family and succession law, the ETA does not prescribe any other specific circumstances or processes that cannot be conducted electronically. However, in practice, the following use cases also require a traditional “wet” signature:
Transacting with public sector entities
Under the ETA, state agencies are required to provide their rules and procedures for the use of electronic documents and electronic signatures. In regard to electronic signatures, state agencies must provide methods that are capable of identifying the signatory, the type, characteristic, and format of an electronic signature, and of demonstrating that the signatory certifies information appeared in the electronic documents. If transactions conducted with state agencies electronically are made in accordance with the requirements as prescribed by each state agency, such transactions (including electronic signatures) shall be deemed to have the same legal effect as the transaction or act performed traditionally.
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