Electronic Transactions Act (3rd and 4th amendments) B.E.2562 (2019AD)
Aiming to be the business hub of Southeast Asia, Thailand has been trying to cope with the world of technologies for decades. In 2001 (B.E. 2544), the Electronic Transactions Act (ETA) was introduced but despite the flexibility of the provisions therein, actual usage and adaptation of electronic transactions by the public sector has been scarce until recent years.
Now onto this year, there were two attempts to develop the law on electronic transactions in Thailand furthermore to be in alignment and up-to-date with the UNCITRAL model law on electronic commerce. With the 3rd and 4th amendments of the ETA, the landscape for electronics transactions in Thailand is now more suitable for tech firms to build up opportunities.
The 3rd amendment to the ETA
Came in to effect on 15th April 2019
Tailors wordings in provisions in regard of e-documents and e-signatures to be in compliance with the intentions of the transactions and allows e-signatures to be proven with other factors apart from the reliability test.
Place more accountability and responsibility on the administrators of automated system.
Adjusts “offer” to public to only be deemed as an invitation.
Allows input errors made with automated system to be refuted.
Adds more variety of electronic services supervisions and makes ETDA the default regulator.
Allows courts or agencies established under the Constitution to apply electronic data in legal proceedings such as electronic submissions, services, etc.
4th amendment to the ETA
Came in to effect on 23rd May 2019
This year has been a step-up for electronic transactions in Thailand so far. If you have specific question or need some in-depth advices, please feel free to contact us.
South Asia Law