The Legality of eSignatures in Thailand

Documents that can be signed electronically

Any type of electronic signature that meets the definition outlined by Thai law can be used on the transaction types below:

• Consumer transactions
• Software licensing
• Technology sector
• NDAs
• Documents to be recorded
• Life sciences

The following transaction types may have specific statutory requirements under Thai law that require a certain type of signature. However, they don’t require the use of a General Electronic Signature or a Reliable Electronic Signature under the ETA:

• Healthcare
• Corporate resolutions
• Insurance
• Education
• HR

Electronic signature guidance

Even though the use of electronic signatures is not prohibited in the transactions below, caution should be taken before using e-signatures with them:

• Chattel Paper
• Lending
• Procurement
• Banking
• Government filings

Certain types of documents/transactions may be subject to specific requirements from Thai authorities and/or regulated financial institutions or organisations with respect to the types of signatures that are acceptable.

Types of e-signature permitted in Thailand

The ETA defines two types of electronic signatures, General Electronic Signatures and Reliable Electronic Signatures. A General Electronic Signature meets the following requirements:

• A method of signature used that can identify the signer and confirm their approval and intention to electronically sign a document and
• The method is reliable and suitable for the purpose for which the electronic document was created or sent, considering the surrounding circumstances or an agreement between the parties

The criteria for a Reliable Electronic Signature, according to the ETA is:

• The signature creation data is linked to the signer and no other person
• The signature creation data, at the time of creating the signature, was under the sole control of the signer
• Any change made to the electronic signature is detectable and
• In the case where the purpose of the legal requirement for an electronic signature is to provide assurance for the integrity of the information, any change made to that information from the time of signing is detectable

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

• Electronic Transactions Act

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024