June 11, 2026
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