Electronic Transactions Act (3^rd and 4^th 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 3^rd and 4^th amendments of the ETA, the landscape for electronics transactions in Thailand is now more suitable for tech firms to build up opportunities.

The 3^rd amendment to the ETA

Came in to effect on 15^th April 2019

• Expands the definition of “state agency” to include public organization, parliament departments, non-adjudicating constitutional and court departments and other independent organization and entity designated to carry on government duties enabling wider application.
• Empowers the Electronic Transactions Development Agency (ETDA) additionally to involve itself in the development of electronic transactions and act as the regulator.
• Adds the definition of “automated message system” and provisions to regulate and support transactions made with automated systems.

• 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.

4^th amendment to the ETA

Came in to effect on 23^rd May 2019

• Acknowledges “digital identity verification”. To promote the use of digital identity verification, the government is preparing for National Digital ID (NDID) which is anticipated to commence within late 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