Further to our previous client alert, the Amendment to Electronic Transaction Act (No. 3), B.E. 2562 (2019) was finally published in the Government Gazette on 14 April 2019 and came into force on 15 April 2019.
The Amendments should bring about greater flexibility for conducting electronic transactions as the Act (i) recognizes contracts concluded by involving automatic electronic data exchange systems (AEDES) in order to facilitate automated electronic transactions; (ii) recognizes new criteria for a valid e-signature, which is more practical; and (iii) adds a new concept of "an invitation to make offer" (e.g. for an offer made to a non-specific person which is accessible to the public via an electronic communication). Further, the Amendment also allows for the issuance of a Royal Decree which would regulate certain "service businesses concerning electronic transactions" and require notification, registration or a license before commencing any such businesses, where it is necessary for (i) financial and commercial security; (ii) credibility and recognition of electronic transactions systems; and (iii) the prevention of damage to the public.
We will continue to closely monitor the developments of this Royal Decree, particularly for any “business presence requirement” which may be applicable to over-the-top (OTT) services, if any.
While a separate Amendment to the ETA regarding Digital ID and Digital ID System (also previously known as the Digital ID Bill) was also endorsed by the National Legislative Assembly in February 2019, this separate Amendment to the ETA has not yet been published in the Government Gazette at the present moment (as of 29 April 2019).