THAILAND Trends and Developments Contributed by: Pisut Rakwong, Yaowalak Suleesathira and Supachoke Pongdasakorngamjai, Pisut & Partners
newer forms of digital communication such as messaging apps, blockchain transactions and cloud-based services emerged, yet these were not adequately addressed by the law. This created gaps that hindered the law’s ability to regulate emerging forms of digital transactions effectively. In addition to outdated provisions, the legislation also faced challenges related to enforcement. With the rise of cybercrime and digital fraud, enforcing the provisions of the ETA became increasingly difficult. Electronic documents and transactions could easily be manipulated or fal- sified, creating challenges for the judiciary in verifying the authenticity of digital records pre- sented in court. Additionally, the rapid growth of e-commerce, digital contracts and online ser- vices created a need for legal clarity regarding the rights and responsibilities of parties involved in electronic transactions. To achieve this, the ETA requires a complete overhaul to ensure alignment with current tech- nological advancements. The aim is to estab- lish a legal framework that can be effectively adapted to technological changes while provid- ing clarity and protection for all parties involved The Electronic Transactions Bill (ETB) is present- ly in the drafting stage, with the primary objec- tive of modernising and replacing the existing ETA. One of the key features is its emphasis on ensuring the legal validity of electronic transac- tions. By providing a legal framework for elec- tronic signatures and digital documents, the ETB aims to provide businesses and individuals with the confidence to adopt electronic transactions. At the same time, the ETB recognises the con- tinued importance of paper-based transactions in electronic transactions. Electronic Transactions Bill
and allows traditional methods to co-exist with digital alternatives. The updated provisions seek to enhance the credibility of electronic transac- tions, facilitate the acceptance of electronic evi- dence in court, and establish clearer guidelines for the use of digital signatures and other elec- tronic tools. The use of electronic transactions in court proceedings An electronic transaction includes any civil or commercial transaction, as well as any admin- istrative act, administrative order, administra- tive contract, or any other expression of intent by a government agency or officer, conducted through electronic means or methods. Elec- tronic information means messages created, sent, received, stored or processed using an electronic method. The ETB clearly states that electronic infor- mation and electronic transactions created in accordance with the relevant provisions of the ETB will be legally binding. Furthermore, it pro- vides that electronic information and a printout of electronic information, containing accurate and complete information as per the original electronic record, will be regarded as a docu- ment or piece of evidence under the Civil Pro- cedure Code, the Criminal Procedure Code, and other applicable laws. In cases where the law requires any transaction to be made in writing, evidenced in writing, or supported by a document, or prescribes legal consequences for the absence of such writing, written evidence, or supporting document, if the transaction has been made in electronic form that is accessible and retrievable, it will be con- sidered to have been made in writing, to have written evidence, or to be supported by a docu- ment as required by law. This concept has been
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