How Electronic Signatures Are Recognized in Thailand?
In 2001, Thailand adopted the Electronic Transactions Act which recognized the legal validity of electronic signatures and sets up the rules for their use. This Act does not establish clear tiers of electronic signature, however it uses the concept of a “reliable” electronic signature and specified the reliability criteria.
Requirements for Electronic Signatures in Thailand
In Thailand, an electronic signature is a letter, character, number, sound or any other symbol created in electronic form and affixed to a document in order to establish the association between a person and a document for the purpose of identifying the signatory and showing that the signatory approves the information contained in that document.
For electronic signature to be valid, it must meet the following criteria:
01
The used signing method is capable of identifying the signatory.
02
The signature reasonably indicates that the signatory approved the information contained in the signed document.
03
The parties used a reliable signing method, meaning that:
The signature creation data are linked exclusively to the signatory.
The signature creation data were, at the time of signing, under the exclusive control of the signatory.
Any alteration to the electronic signature, made after the time of signing, is detectable.
According to the regulatory authority, the Electronic Transactions Development Agency, the industry standard is to use PKI technology to ensure the reliability of the electronic signature.
However, according to the law, it is not the only possible way: a signatory can provide evidence to prove that other signing methods except PKI are reliable and satisfy the requirements of the Thailand laws.
pdfFiller electronic signatures meet the requirements for electronic signatures under the laws of Thailand.
Is It Necessary to Consent to the Use of Electronic Signature in Thailand?
The law does not directly answers this question. However, for electronic signature to be valid it must indicate that the signatory approved the information contained in the signed document. Therefore, any evidence that demonstrate the person’s explicit or implied consent to use electronic signatures would positively impact the validity of that electronic signature.
Acceptability of Electronic Signatures in Court and Business
As a general rule, in Thailand the information shall not be denied legal effect and enforceability solely on the ground that it is in the electronic form.
The law also permits to use electronic documents and signatures to support your statements, comply with the requirements of the law, or provide as evidence if:
The electronic document is accessible and usable for subsequent reference.
The content of such document cannot be altered.
The electronic signature complies with the requirements specified in the previous section.
When the court assesses the evidential weight of an electronic documents and signature, it pays attention whether a reliable signature method was used, whether the completeness and integrity of the document was maintained, and how the signatories was identified during the signing process.
When It Is Prohibited To Use Electronic Signatures?
According to the law, a person is not permitted to use electronic signatures to sign any agreements or deeds related to the family law or inheritance law transactions, e.g., wills, adoption papers, inheritance documents, divorce certificates, etc.
Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024
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