Validity of Electronic Signatures in Thailand

Electronic signatures are valid and recognized under the Electronic Transactions Act B.E. 2544 (“ETA”) as issued in 2001 and amended in 2008 and 2019.

An electronic signature can be made in the form of letters, characters, numbers, sounds or any other symbols created in an electronic format and attached to a data message with the intention of the signatory to create a relationship between the signatory and the data message and to show that the signatory has accepted the data message.

An electronic signature must meet the following requirements:

1.   The information used for creating the electronic signature must associate with the owner of the signature / the signatory.

2.   The information used for creating the electronic signature, at the time the electronic signature being created, is under control of the owner of the signature.

3.   The changes to the electronic signature can be checked electronically.

4.   The changes on the statement / data message signed by the electronic signature can be checked starting from the time when the electronic signature is made.

An electronic signature created or used overseas has the same legal effect as the electronic signature created or used in Thailand, provided that it has been created or used by a reliable electronic system with standards not lower than those of the reliable systems under the ETA.

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