Use of e-signatures in Thailand

Keywords: Mazars, Thailand, e-signature, electronic 

E-signatures can take various forms, such as scanned signatures, fingerprints, clicking an ‘Accept’ tick box, or a digital signature created using cryptographic means.

Requirements for an e-signature to be legally valid  

In order for an e-signature to be legally binding and have the same effect as a handwritten signature on a paper document, it must meet the minimum requirements set out in the Electronic Transactions Act. These include the following: 

• Authentication: The e-signature must be generated using a method that can accurately identify the signatory and their intention with respect to the electronic data message.  

• Reliability: The e-signature must be produced using a reliable method that is suitable for the purpose of creating or delivering electronic data messages, or other methods that can verify the identity and intention of the signatory through surrounding evidence.  

Affixing an electronic company seal is legally acceptable if it meets the same requirements as an e-signature. 

Things for which e-signatures cannot be used 

Under the Royal Decree dated November 26, 2006, e-signatures cannot be used for electronic data messages that are related to family and inheritance matters, such as the execution of wills and documents regarding divorce. 

Use of e-signatures in transactions with Thai state agencies  

In Thailand, electronic signatures can be used for executing documents that are submitted to a Thai state agency, but only if the following requirements are met: 

1. The relevant government authority has issued rules regarding the execution of electronic transactions, in compliance with the Royal Decree issued in 2006. These rules set out the criteria and procedures for the execution of electronic transactions with a state agency.  
2. The e-signature used is in accordance with the rules set out by each state agency. 

As a result, it is essential to check the rules and requirements of each state agency on a case-by-case basis to determine whether e-signature is acceptable or not.  

References:  

• https://krisdika.ocs.go.th/librarian/ get?sysid=570721&ext=htm  

• https://krisdika.ocs.go.th/librarian/ get?sysid=502095&ext=htm  

• https://krisdika.ocs.go.th/librarian/ get?sysid=523998&ext=htm