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Government Prepares Major Revision of Electronic Transactions Law to Support Digital Transactions

Politic29 Sep 2026 15:34 GMT+7

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Government Prepares Major Revision of Electronic Transactions Law to Support Digital Transactions

The Deputy Government Spokesperson revealed that the government is advancing a major revision of the electronic transactions law to support automatic contracts, electronic checks, and promissory notes, while upgrading electronic signatures and identity verification to increase confidence in digital transactions.


On 29 September 2026, Ms. Lalida Pertwiwatthana, Deputy Government Spokesperson at the Prime Minister's Office, stated that a draft Electronic Transactions Act has been submitted to the Cabinet to update the law to align with current transaction methods and technology. The aim is to encourage electronic transactions as the primary method instead of traditional paper documents, without prohibiting the public or businesses from using conventional paper-based transactions.


The draft law expands the scope to cover a broader range of electronic transactions and clearly defines the legal effects of electronic data and methods to reduce disputes and build trust in both domestic and international trade transactions, aligning with the United Nations Commission on International Trade Law (UNCITRAL) Model Law.


A key point is the legal recognition of electronic signatures and electronic seals when performed using reliable electronic methods or those specified by the Electronic Transactions Development Agency (ETDA). It also stipulates that electronic stamp duty must comply with guidelines and methods set by the Revenue Department.


Furthermore, the draft law supports contracts made by "automated systems," allowing contracts generated by systems operating without human intervention to be legally binding, provided the contracting parties can reasonably anticipate the system's operation. It also clarifies criteria for sending and confirming receipt of electronic information.


Another important aspect is the addition of a chapter on "electronic negotiable instruments" to cover electronic promissory notes, bills of exchange, and checks, granting them the same legal binding effect as paper documents. It also sets rules on possession, delivery, endorsement, and modification of data through reliable electronic methods, supporting international trade systems increasingly using electronic instruments for payments and exchange of goods and services.


The draft law introduces regulations for seven types of electronic transaction services: identity verification services, electronic signature services, timestamping services, electronic data reception, transmission or storage services, website or domain name registration or certification services, electronic negotiable instrument systems, and other services defined in ministerial regulations.


The regulatory framework will employ a risk-based approach, specifying duties and responsibilities of service providers according to risk levels. Providers must use reliable methods to create, send, receive, store, or process data, including maintaining transaction evidence, and are liable for damages resulting from failure to comply with legal obligations.


Regarding service provider certification, two approaches are set: providers may request certification from the ETDA, or ETDA may certify providers using internationally accepted methods. ETDA will publish certified providers' lists for public verification and must promptly disclose any issues affecting service reliability to users.


Electronic data and printed materials derived from electronic data are admissible as documents or evidence under the law. If the authenticity of electronic data is disputed, the challenger bears the burden and cost of proof. Relevant agencies have raised additional observations on consumer protection, agency authority limits, and clear standards regulation, which will be considered further during the law's review.


Ms. Lalida said the draft law includes a transitional provision allowing digital identity verification service providers licensed under existing laws to be recognized as certified providers under the new law. Meanwhile, the 2022 Digital Platform Service Business Notification Decree will remain in effect until new laws regulating digital platform service businesses are enacted.


If the draft Act completes the legislative process and is published in the Government Gazette, it will come into force 180 days after publication. Twenty-six subordinate laws have been prepared to support implementation, including two royal decrees, three ministerial regulations, and 21 announcements.


"This law revision aims to clarify and modernize digital transaction rules to keep pace with technology, covering identity verification, electronic signatures and seals, automated contracts, and electronic checks and instruments, enabling the public and businesses to transact conveniently, safely, and with greater legal certainty. It also supports digital trade and enhances the country's competitiveness," Ms. Lalida said.