You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 11, 2026

Thailand Set to Overhaul Its E-Transactions Framework

Subscribe to Updates

Thailand’s Electronic Transactions Development Agency (ETDA) has released a revised draft Electronic Transactions Act (ETA) for public hearing from May 12, 2026, to June 15, 2026. This is not merely an amendment to certain provisions of the current ETA, but a comprehensive redrafting of the entire act.

The revised draft ETA introduces several significant changes from the current framework, with practical implications for businesses operating in Thailand.

Unified Coverage of Public and Private Sectors

The current law segregates government transactions into a separate chapter with distinct rules. The draft ETA eliminates this division, defining “transaction” to encompass civil and commercial juristic acts as well as administrative procedures, administrative contracts, and other acts of government agencies.

Enhanced E-Signature Definition

The definition of “electronic signature” is broadened to expressly include biometric data and refocused on identifying the signatory and demonstrating intent regarding the content of the electronic data.

Shift in Burden of Proof

When a party challenges the reliability of electronic data created using a “trusted electronic method” or a method prescribed by the ETDA, the burden of proof and the cost of proving unreliability shifts to the challenger.

Introduction of New Digital Method Concepts

The draft ETA introduces several new digital method concepts that are not currently recognized under the existing ETA framework. These include:

  • Electronic timestamping (e-timestamp)
  • Electronic registered delivery
  • Electronic company seals
  • Electronic stamp duty compliance
  • Electronic identity authentication and verification
  • Electronic transferable records (electronic bills of lading, promissory notes, and similar negotiable instruments)

Recognition of Automated Systems and Electronic Contracting

The draft ETA expressly recognizes the legal validity and enforceability of contracts formed through automated systems, including contracts concluded entirely between automated systems or between an automated system and a person. A party may not deny the binding effect of such contracts solely because no human review or intervention was involved in the transaction process.

The draft, however, also introduces safeguards for unexpected automated actions. Where an automated system acts in a manner that could not reasonably have been anticipated by the party using the system, the action may not be legally binding if the counterparty knew or should reasonably have known that such action was unintended or unforeseeable.

In addition, the draft ETA provides protection for input errors made by individuals interacting with another party’s automated system. If the system does not provide a means to correct the error, the individual may withdraw the erroneous electronic communication, provided that notice of the error is given promptly after discovery; and the individual has not received or benefited from the relevant goods or services.

These new requirements would impact the use of AI, especially agentic AI, in business operations.

New Obligations for E-Transaction Service Providers

The draft ETA proposes to replace the current mandatory licensing regime applicable to certain electronic transaction businesses with a voluntary certification framework.

The draft ETA identifies seven categories of electronic transaction services: (1) identity verification, (2) electronic signature services, (3) timestamping, (4) electronic data transmission and storage, (5) website or domain name registration/certification, (6) electronic transferable record systems, and (7) other services prescribed by ministerial regulation. Service providers in these categories must comply with detailed operational duties, including maintaining reliable systems, processes, and personnel; implementing risk management frameworks; publishing electronic channels for complaints; and enforcing cybersecurity measures together with protocols for notifying, remedying, and mitigating damage from incidents.

Providers that clearly disclose the purpose and limitations of their services are shielded from liability where users act outside or beyond those disclosed boundaries.

Shifting Criminal Penalties to Civil Liability

The draft ETA removes the existing criminal penalties imposed on service providers operating without the required license, registration, or notification. These violations currently carry penalties of imprisonment for up to three years and/or fines of up to THB 300,000. This change aligns with the draft ETA’s shift from a mandatory licensing regime to a voluntary certification framework. Under the proposed framework, enforcement would instead focus on civil liability. In particular, service providers that fail to comply with their duties prescribed in the Draft ETA may be held liable for damages suffered by users or other relevant parties.

Implications for Businesses

The draft ETA carries several key implications for businesses operating in Thailand:

  • Digital-first policy. Organizations should evaluate whether internal workflows—especially government filings, notices, and contract execution—can migrate to fully electronic processes.
  • E-signatures and biometrics. Organizations using biometric authentication (fingerprints, facial recognition) for contract execution will have clearer statutory backing but must ensure compliance with Thailand’s Personal Data Protection Act.
  • Burden of proof. Businesses should proactively align their systems with ETDA-prescribed standards.
  • New digital methods. Businesses may rely on e-signatures, e-stamping, e-delivery, and digital identity verification with greater legal certainty, reducing operational friction and supporting digital transformation.
  • Automated systems. Businesses should review their internal procedures and legal limitations for automated systems, AI tools, and digital contracting.
  • Licensing regime. The draft ETA shifts from regulatory approval to a standards-based framework. While licensing burdens may decrease, greater emphasis will be placed on ETDA-prescribed standards, operational reliability, and civil liability.
  • Civil liability shift. Despite reduced criminal exposure, service providers must maintain compliance and operational standards, as failures may result in civil liability for damages.

Next Steps

After the public hearing, the draft ETA will be revisited and further proposed to the parliament for consideration and approval before enactment. This process may take up to a year.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

October 10, 2023
The Royal Decree issued under the Revenue Code B.E. 2481 (1938) on the Exemption from Taxes (No. 779) B.E. 2566 (Royal Decree No. 779), which came into force on August 16, 2023, provides exemptions from corporate income tax (CIT) and value-added tax (VAT) for qualifying transfers of digital tokens for investment. Transfers of these digital investment tokens—as opposed to securities transfers—have been subject to taxes. By establishing CIT and VAT exemptions, Royal Decree No. 779 introduces incentives in order to promote digital investment tokens as a new alternative tool for fundraising. The authorities hope that this will stimulate investment in the country’s economic system and elevate the standards for digital assets in Thailand. The key points of Royal Decree No. 779 are summarized below. Digital Investment Token Definition Royal Decree No. 779 and relevant digital asset regulations define “digital investment tokens” as a type of digital tokens that grant the holder the right to invest in a project or business, with the holders of the digital investment tokens receiving a share of revenue or profits as a return on their investment. In this way, digital investment tokens resemble securities. Tax Exemptions Primary Market Royal Decree No. 779 exempts companies and registered partnerships that legally issue and offer digital investment tokens for sale to the public (i.e., the primary market) from CIT and VAT on income or the value of the tax base earned from the sale. These exemptions apply to all primary market issuance from May 14, 2023, onward. However, the relevant notifications of Thailand’s Securities and Exchange Commission only allow limited companies (private and public) incorporated under Thai law to offer digital tokens for sale. Therefore, registered partnerships will not yet be able to benefit from the tax exemptions in Royal Decree No. 779. If a digital token
Read More
October 2, 2023
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has issued the Notification of the NBTC Re: Measures to Protect Telecommunications Service Users’ Rights Regarding Personal Data, Privacy Rights, and Freedom of Telecommunications to replace the previous 2006 notification of the same name. The replacement notification supports compliance with the Personal Data Protection Act B.E. 2562 (2019) (PDPA), modernizes the regulations in response to technological change and the convergence of digital business, and enhances the protection of telecommunications users’ personal data, privacy rights, and freedoms. Key aspects of the replacement notification are highlighted below. User Data and Consent The notification specifies that “user’s personal data” includes name, address, ID number, mobile number, usage information, and user behavior that can identify the user. “User” does not include resellers of telecommunications services. To collect, use, or disclose users’ personal data for a purpose other than telecommunications service, service providers must obtain each user’s consent prior to or at the time of collecting the data. The consent (whether written or electronic) must be separate from the telecommunications service agreement. Service providers must clarify the purpose of collecting data, and they must honor users’ rights to opt in and opt out by providing clear and convenient channels for users to withdraw any of their information or cancel any services offered by the operator. Service providers must add an electronic channel for receiving requests from users to review, access, edit, change, or obtain a copy of their data. The electronic channel must also allow requests from users to suspend use or disclosure of their personal data and withdraw consent to collect, use, or disclose their personal data. In addition, service providers must have a system for verifying the identity of users who want to exercise the rights listed in this paragraph. Data Collection and Storage Collection
Read More
September 26, 2023
On September 14, 2023, Thailand’s Personal Data Protection Committee (PDPC) published a notification on the requirements for the appointment of a data protection officer (DPO) in the Government Gazette, taking effect on December 13, 2023. The notification on appointing a DPO lays out the criteria for what constitutes processing of personal data requiring “regular monitoring of the personal data or the system” by reason of “having large-scale personal data,” which requires data controllers and data processors to appoint a DPO under the Personal Data Protection Act B.E. 2562 (PDPA). Criteria After a hearing on the draft DPO appointment notification in July, the published version has been slightly amended while the main criteria for appointment of a DPO are still the same. These have been finalized as follows: When determining whether processing of personal data requires regular monitoring due to having large-scale personal data, only the “core activity” of the data controller or data processor is to be taken into consideration. The term “core activity” denotes an essential and integral activity directly related to the primary operations of the data controller or data processor and does not include any supplementary business activities (e.g., human resources and information technology activities). “Processing activities that require regular monitoring of personal data” refers to activities relating to tracking, monitoring, analyzing, or predicting the behavior, attitude, or profile of individuals, and generally involves the processing of personal data in a systemic manner on a usual or regular basis. Examples include membership card programs, credit scoring, insurance premium consideration, fraud prevention, processing of personal data by computer network system service providers or telecommunications operators, behavioral advertising, and so on. To determine whether processing activities constitute “large-scale processing of personal data,” various factors are considered: Volume, type, or nature of personal data processed; Duration or permanence of
Read More
September 21, 2023
Myanmar’s Ministry of Commerce has announced its E-commerce Guidelines to regulate stakeholders engaging in e-commerce. The guidelines—which were issued on September 5, 2023, and took immediate effect—are mandatory for e-commerce business operators (both entities and individuals), and failure to comply with the guidelines’ requirements may result in penalties under relevant laws. The E-commerce Guidelines come as Myanmar seeks to increase its regulation of e-commerce activities. The guidelines were preceded by a July 2023 notification requiring e-commerce business operators to register their activities with the Ministry of Commerce by January 21, 2024. Definitions “E-commerce” is defined as the sale of goods or services on the internet or other digital platforms. The term also covers sales promotions, marketing, logistics, ordering, and delivery. An “e-commerce platform entrepreneur” is a person who manages an e-commerce platform where two or more entrepreneurs can conduct e-commerce. An “e-commerce business operator” is a person operating or authorized to operate e-commerce activities. This includes e-commerce platform entrepreneurs, entrepreneurs selling on e-commerce platforms, and sellers through social media platforms. Electronic Contracts Acceptable forms of electronic contracts, which must comply with the Electronic Transactions Law, Contract Act, and other relevant laws, include: Click-wrap, click-through, and web-wrap contracts; Browse-wrap contracts; and Agreements between seller and buyer on social media platforms, such as by accepting or rejecting an offer via direct message. Samples of contract forms are appended to the guidelines. Consumer Protection Disclosure notices for consumers must be comprehensible, correct, consistent, simple, accessible, and visible. They can be written in Myanmar language, English, or Myanmar language and another language. They must also comply with the relevant provisions of the Consumer Protection Law. The guidelines provide that if the agreed delivery date is eclipsed by more than 15 days, the consumer may terminate the contract and request a full refund of
Read More