E-Signature Regulations

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

The Electronic Transactions Development Agency (the “ETDA”) which is a government agency created by the ETA, and which is responsible for developing, promoting, and supporting electronic transactions, issues the criteria that must be met for a signature to qualify for certification under the ETA. And sub-agencies under the ETDA confirm such e-signatures For example the Thailand National Root Certification Authority (the “NRCA”) can confirm whether or not an e-signature’s certification has expire

Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.

Generally, civil and commercial transactions made by the use of electronic data messages are governed by the ETA, with the except any transactions specifically excluded by Royal Decree. Thus far, the only transactions excluded from the ETA are those relating to family and succession matters.

What is the legality of e-signatures in your jurisdiction? Are there key exceptions?

Under the ETA, an electronic signature cannot be denied legal effect and enforceability solely on the ground that it is in the form of a data message. In the case where a person is to enter a signature in any writing, it is deemed that a data message in question is a legally binding “signature” if it:

(A) uses of a method that allows the intentions of the signatories to be identified; and

(B) uses a method that is “reliable”.

What is the e-signature law enforceable in your jurisdiction?

In Thailand, electronic signatures are governed by the Electronic Transaction Act (2001) (the “ETA”).

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