Legality of eSignatures in Thailand

Background

Electronic signatures are rapidly transforming the document authentication landscape in Thailand and globally by introducing efficient and environmentally conscious methods that are building momentum. The shift from paper to digital signatures accelerates the completion of various transactions. For successful adoption in Thailand, selecting an electronic signature tool that aligns with the nation's legal stipulations, specifically the Electronic Transactions Act, is crucial.¹ This is to ascertain the legal validity of electronic signatures compared to their handwritten counterparts. Despite the progressive acceptance, it's essential to recognize that some documents may still need a physical signature, and seeking legal consultation is advisable to navigate variable regional laws.²

The importance of security surrounding electronic signature platforms cannot be understated. Services must integrate robust protection features such as data encryption, signer identity verification, and audit trails to deter unauthorized access and guarantee document authenticity. For instance, BoldSign offers these imperative security features and complies with legal and security protocols.

Enterprises in Thailand must emphasize legal conformity, elevate security measures, and choose user-friendly platforms for integrating electronic signatures into their business frameworks. This approach boosts productivity and ensures the protection of their business exchanges.

Overview of the eSignature regulations

The Electronic Transactions Act regulates the electronic signatures and transactions in Thailand.³ The Act gives eSignature the legal validity equal to that granted to the wet-ink signature before its enactment.

The regulation grants all individuals the freedom to execute their contracts upon agreement by the contracting parties electronically.⁴ Such contracts shall, however, not be denied legal validity merely because they were completed electronically.⁵

The regulation divides electronic signatures into:

1. Standard electronic signatures
2. Reliable (Advanced) electronic signatures

A standard electronic signature is any data, including a sound, symbol, or process, executed or adopted to identify a person and indicate that person's approval or intention regarding the information contained in a data message and which is attached to or logically associated with that data message.

A reliable electronic signature is designed so that, together with a security procedure, it can be verified that the signature is:⁶

• Uniquely linked to the signer
• Capable of identifying the signatory
• Created using means that the signer can keep their sole control
• Linked to the data it relates to so that any subsequent change to the data is detectable.

Uniquely linked to a person

A secure electronic signature must be uniquely connected to the person using it. The signature must be created with methods that only the signer has access to, like a private key and confidential information, to verify their identity.

Use and incorporation under their sole control

The person using the secure electronic signature must have sole control over the means of creating it. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent unauthorized signature forgery.

Identify the person using a technological process

The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, a personal identification number (PIN), an email address, or a company registration number.

Track down alterations made after signing

It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer's IP address, timestamps of key signing events, and location, providing proof of identity, timing, and place of signature.

Summary analysis

Assessment of evidentiary weight of electronic information

In an assessment of an electronic record, the following standards are taken into consideration.⁷:

• Reliability of the generation and storage of information
• Reliability of the mode used to maintain the integrity of the record
• The manner in which the signatory was identified
• Any other factor necessary

Recognition of foreign electronic signatures and certificates

Signatures are deemed valid without any bias as to the location of the certifying body; an electronic signature created in a foreign country is regarded to bear the same legal effect as an electronic signature created or used in the country, provided that the level of validity isn't lower than that spelled out in the regulation. The national accreditation of foreign signatures and certificates is done while considering international standards.⁸

Scope and limitations of eSignature transactions

The use of electronic signature is not legally recognized for all document types. Some transactions are appropriate for eSignatures, while others are not. Below is a brief analysis and a summary table of these transactions.

Documents that can be signed

Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:

• Legal opinions
• Offer letters
• Memoranda and internal correspondences
• Non-disclosure agreements
• Purchase orders
• HR.
• Procurement
• Employee onboarding, etc.

Exemptions

The Act limits the scope of electronic signature use and exempts transactions under the following laws and regulations:⁹

• Family law such as marriage certificates, divorce agreements, prenuptial agreements, adoption agreements, etc.
• Law of succession such as wills and testaments, codicils, etc.

Summary list

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Thailand’s eSignature laws:

• Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer's email address. This ensures that the document is only accessed by the intended signer and cannot be tampered with.
• Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds another layer of security to the signing process.
• Audit trail: The IP address of the signer and timestamps for all significant events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when, and where.
• Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
• Consent: Signers are asked to confirm their intent to sign electronically and are informed that they could opt out. This ensures that the signer is aware of the implications of signing electronically and has given their consent.
• Custom terms: Get your signers to agree to a custom set of terms. This can be useful to ensure additional security and that the signer understands the terms of the document.
• QES compliance: BoldSign offers fully compliant qualified electronic signatures (QES) that are simple, secure, and legally binding across Thailand. QES guarantees that your essential documents are protected with the highest level of eSignature security, giving you peace of mind in your digital transactions. Using BoldSign, you can confidently manage your important documents while ensuring compliance with Thailand’s regulations.

Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.

However, Syncfusion’s officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations are subject to frequent changes, and the information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied, or statutory, including representations, guarantees, warranties of merchantability, fitness for a particular purpose, or accuracy.

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