In brief
The Cabinet approved the draft Electronic Transactions Act B.E. … ("Draft New ETA") and assigned the Ministry of Digital Economy and Society (MDES), through the Electronic Transactions Development Agency (ETDA), to advance the legislative process.
The Draft New ETA would repeal and replace the Electronic Transactions Act B.E. 2544 (2001) ("Current ETA"). It seeks to expand its scope to cover a broader range of electronic transactions and digital activities. The draft also seeks to align with the UNCITRAL Model Law and introduce a new regime to regulate and certify electronic transaction services.
In more detail
Background
Following the public consultation and the regulatory impact assessment (RIA), the Cabinet approved the Draft New ETA on 29 September 2026. The Cabinet instructed the MDES, through the ETDA, to proceed with the legislative process.
The Draft New ETA is intended to modernize Thailand's electronic transactions framework by addressing practical challenges that have arisen under the Current ETA. If enacted, the Draft New ETA would repeal the Current ETA (including all prior amendments) and consolidate the regime into a single, modernized statute.
1. Scope of application and exemptions
The Draft New ETA significantly expands the scope of the current regime by applying to all types of transactions under any law, including private-to-private and private-to-state dealings, unless a specific law prescribes otherwise. The definition of "transaction" is also broadened to cover administrative procedures, administrative contracts, and other governmental acts.
In addition, electronic data and printouts are expressly recognized as admissible documentary evidence, with the burden and costs of proof falling on the party challenging the reliability of data generated through reliable electronic means or ETDA-recognized methods.
The Draft New ETA also replaces the current limited exemptions with a broader Royal Decree mechanism, allowing exemptions for matters requiring in-person appearance, consent before an official, or those not yet suitable for electronic execution.
2. ETDA's expanded regulatory powers
The ETDA would become the sole regulator under the Draft New ETA, inheriting the previous scope belonging to the Electronic Transactions Commission (ETC). It will have the power to prescribe rules and standards for electronic transactions, recognize trusted technologies and industry standards, certify reliable electronic transaction service providers, and publish guidance and best practices.
3. New electronic transaction mechanisms
To support broader activities and align with the UNCITRAL Model Law, several mechanisms are introduced into the Draft New ETA, including:
- Affixation of corporate seal
- Delivery of documents and statements via registered post
- Publication of statements to the public via newspapers
- Acknowledgement of receipt of electronic messages
- Automated contracts and limitations
- Electronic transferable records
4. Electronic transaction services
The Draft New ETA defines seven categories of "electronic transaction services," which include identity proofing and authentication, electronic signature, timestamping, transmission and storage of electronic data, website and domain name registration services, electronic transferable record services, and others to be prescribed.
These electronic transaction service providers must provide services in accordance with prescribed standards and reliable methods. The Draft New ETA also imposes statutory liability for damage caused by breach of duties. The Draft New ETA also provides liability exemption where the provider has defined and clearly notified the purpose and limits of the service, and the user has exceeded or misused them.
Service providers may seek voluntary certification from the ETDA as a "reliable electronic transaction service provider," and the ETDA may also certify a provider using internationally accepted methods on its own initiative.
Most notably, digital platform services have been left out. The current Royal Decree on the Operation of Digital Platform Service Businesses That Are Subject to Prior Notification, B.E. 2565 (2022) (Digital Platform Decree) will remain in force until specific legislation governing digital platform service businesses comes into effect.
What's next
The draft will continue through the legislative process, including consideration by Parliament. If enacted, the Act will take effect 180 days after its publication in the Government Gazette.
As the draft remains subject to further review, its provisions may change during the legislative process. Accordingly, the potential impact on businesses will depend on the final text of the Act, the implementation of regulations and standards, and the nature of the services involved.
Businesses should monitor the progress of the Draft New ETA, and any changes to its provisions during the legislative process. Specifically, providers falling under the scope of electronic transaction service providers should keep an eye out for the new duties and standards, including the development of the implementing regulations.
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Aue-angkul Santirongyuth, Chayapisa Kositbenjapol, Phocharaphol Yingamphol and Boonbundarn Srisakdi, Associates, have contributed to this legal update.