eSignature Legality
in Thailand
Thai law highlights that no document or signature will be denied validity and admissibility solely based on its electronic nature. They will usually be seen intrinsically as long as legally able entities have reached an agreement.
Key Conditions
As per Section 26 of the Electronic Transaction Act, an electronic signature is deemed reliable if:
- the signature creation data are, within the context in which they are used, linked to the signatory and no other person;
- the signature creation data were, at the time of signing, under the control of the signatory and of no other person;
- any alteration to the electronic signature, made after the time of signing, is detectable; and
- where a purpose of the legal requirement for a signature is to assure the completeness and integrity of the information and any alteration made to that information after the time of signing is detectable.
- An electronic signature fulfilling these requirements under the ETA is equivalent to a traditional wet ink signature.
Legal sanctity of electronic signatures and e-documents under Thai Laws
The Electronic Transaction Act (ETA) is the key regulation for electronic signatures. The ETA states that electronic documents or messages that have an electronic signature attached to them are legally enforceable. Under the ETA, no document will be denied validity and admissibility solely based on its electronic nature.
Use cases of electronic signature in Thailand
- Employment contracts;
- Commercial agreements between corporate entities;
- NDAs;
- Procurement documents;
- Sales agreements;
- Consumer agreements;
- Lease agreements; and
- Purchase and sales contracts.
The COVID-19 pandemic has radically changed our lifestyles and how one conducts business. Most non-essential companies have established completely remote work setups. This “new normal” has concentrated more attention on electronic means of transactions. The “new normal” in the age of Covid-19 proceeds to facilitate the use of eSignatures.
Documents that cannot be e-signed in Thailand:
- Power of Attorney
- Sale of immovable property
- Certain transactions with public sector entities:
- Land registration
- Cadastral survey process
- Registration of marriage;
- Registration of divorce;
- Application for certain business licenses;
- Legalization of documents;
- Application for ID cards
- Application for a house registration; and
- Registration for change of name.
DISCLAIMER
Certinal is making available the information and materials in this article for informational purposes only and is meant to help companies understand eSignature’s application in a legal framework. Laws change rapidly and Certinal makes every reasonable effort to keep the content of this article current, hence Certinal makes no claims or representations that the information contained in this article is true, accurate, correct, or current. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or different places. Since these factors differ according to individuals and businesses, Certinal is not liable for any consequence of any action taken by any third party relying on material/ information provided under this article. The contents hereof should not be construed as legal advice in any manner whatsoever. In cases you require any assistance; you must seek independent legal advice.
