Is electronic signature legal in Thailand? What legal regulation is the electronic signature mainly subject to?

Electronic signatures are legal in Thailand. The main law on electronic signatures in Thailand is the Electronic Transactions Act (2001, referred to as "ETA") and its amendments ("Acts"). According to the relevant provisions of the Acts, the use of electronic signatures has the same legal effect as the use of handwritten documents.

What is electronic signature in Thailand?

Article 4 of the ETA defines "electronic signature" as letters, characters, numbers, sounds or any other symbols created in electronic form and attached to a data message to establish a link between an individual and the data message, used to identify the signer involved in the data message and to indicate that the signer approves the information contained in the data message.

What are the validity conditions for electronic signatures in Thailand?

In order to show the relationship between a particular person and electronic data in order to identify the signer and indicate that he or she has approved the information contained in the electronic data, the main factors that make an electronic signature legally effective and enforceable are as follows:

1. The signer must be identifiable；
2. The signatory must be able to demonstrate that the information contained in the electronic document is his or her own information；
3. The electronic signature method is reliable and suitable for the purpose of generating or sending the data, such as: using an electronic signature with a Public Key Infrastructure ("PKI") or using a PKI electronic signature certified by an authentication authority.

According to the regulator's Electronic Transactions Development Authority, industry standard is to use PKI technology to ensure the reliability of electronic signatures.

However, this is not the only possible method under the law: signatories can provide evidence that other signature methods than PKI are reliable and meet the requirements of Thailand law.

Reliable electronic signature presumption An electronic signature will be considered reliable if the following conditions are met:

1. The signature creation data is located in the context of its use, associated with the signer and not with anyone else;
2. The signature creation data is controlled by the signatory at the time of signing and no one else;
3. Any changes made after a signature are detectable; and
4. If the signature is intended to indicate that the signer has proven the integrity and completeness of the information, any changes made to the information can be detected at the time of signing.

What types of electronic signatures are recognized in Thailand? What are the requirements for each type?

Thailand recognizes two types of electronic signatures, General Electronic Signatures and Reliable Electronic Signatures.

1.General Electronic Signatures

General electronic signature needs to meet the following requirements:

• A signature method that can identify the signer and confirm their approval and intent to electronically sign the document; and
• The method is reliable and suitable for the purpose of creating or sending electronic documents, taking into account the surrounding environment or agreements between parties.

2.Reliable Electronic Signatures

According to the ETA, the criteria for Reliable Electronic Signatures are:

• The signature creation data are, within the context in which they are used, linked to the signatory and to no other person;
• The signature creation data were, at the time of creating the electronic signature, under the control of the signatory and of no other person;
• Any alteration to the electronic signature, made as from the time of its creation, is detectable; and
• In the case where a purpose of the legal requirement for an electronic signature is to provide assurance as to the integrity of the information, any alteration made to that information as from the time of signing is detectable.

What types of electronic signatures can be used in which scenarios in Thailand?

Any type of electronic signature as defined by Thai law may be used for the following types of transactions:

• Consumer transactions;
• Software licensing;
• Technology sector;
• Secrecy agreement;
• Documents to be recorded;
• life sciences .

When is a traditional signature usually needed in Thailand?

In practice, the following use cases also require traditional "wet" signatures:

• Proxy;
• Sale of real estate;
• Certain transactions with public sector entities;
• Land registration, including cadastral surveying process;
• Registration of marriage;
• Registration of divorce;
• The application for certain business licenses (such as foreign business licenses/certificates and payment system business licenses);
• Legalization of documents;
• Apply for an ID card;
• Apply for a house register;
• Name change registration.