eSignature Legality Guide

The ETA defines “Electronic Signatures” as letters, characters, numbers, sounds, or any other symbols created electronically and attached to a data message to associate a particular person with that message, for the purpose of identifying the signatory and showing their approval of the information in the message.

There are two categories of electronic signatures under the ETA: General Electronic Signatures and Reliable Electronic Signatures.

Section 9 of the ETA describes a General Electronic Signature as one that satisfies the following conditions:

• The signature method can identify the signatory and show that the signatory has approved the information in the electronic document as their own, and
• The method is reliable and suitable for the purpose for which the electronic document was created or sent, considering the circumstances or any agreement between the parties.

Section 26 of the ETA outlines the requirements for a Reliable Electronic Signature as:

• The signature creation data are, in the context used, uniquely linked to the signatory and to no one else;
• At the time of signing, the signature creation data were under the sole control of the signatory;
• Any changes to the electronic signature after its creation can be detected; and
• If the legal requirement for an electronic signature is to ensure the integrity of the information, any changes to that information after signing are detectable.

The following types of documents generally do not have specific formal requirements under Thai law, so any electronic signature that meets the above definitions may be used:

• NDAs
• Software Licensing
• Life Sciences
• Technology sector
• Documents to be Recorded
• Consumer Transactions

The following categories may have statutory requirements for a signature under Thai law, but do not specifically require a General or Reliable Electronic Signature under the ETA:

• HR
• Corporate Resolutions
• Education
• Healthcare
• Insurance

Although electronic signatures are not prohibited for the following types of transactions, it is advisable to exercise caution before using them for these purposes:

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

Even though the ETA supports the use of electronic signatures, certain transactions or documents may be subject to additional requirements set by Thai authorities or regulated financial institutions regarding acceptable signature types.

When determining the evidentiary value of a data message or electronic signature, factors such as the reliability of the method used to generate, store, or transmit the data message, the maintenance of information integrity, and the identification of the originator should be considered.

The following two Supreme Court cases illustrate how Thai courts have considered electronic signatures:

• Supreme Court case no. 8089/2556, and
• Supreme Court case no. 6757/2560.