Legal Information

eSignature Legality Summary

Under Thai law, a written signature is not necessarily required for a valid contract – contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document (Sections 7, 9, 13 of the E-Transactions Act). The E-Transactions Act specifically confirms that contracts cannot be denied enforceability merely because they are concluded electronically. To prove a valid contract, parties sometimes have to present evidence in court. In the absence of a QES, leading digital transaction management solutions can provide electronic records that are admissible in evidence under Section 11 of the E-Transactions Act, to support the existence, authenticity and valid acceptance of a contract.

Use cases for standard Electronic Signature (SES)

Use cases where an SES is typically appropriate include:

 HR documents such as Employment Contracts, benefits paperwork and other new employee onboarding processes
Commercial agreements between corporate entities including NDAs, procurement documents, certain sales agreements
Consumer agreements including new retail account opening documents
Real estate documents including lease agreements (for a period of no more than 3 years), and other related documentation for residential and commercial real estate

Use Cases That Are Not Typically Appropriate for Electronic Signature or Digital Transaction Management

Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signature or formal notarial process that are not usually compatible with electronic signature or digital transaction management.

Handwritten ⇒ contract of sale of immovable property (Sec. 456 of CCC)
Handwritten ⇒ contract of sale of ships of five tons and over, floating house, or beasts of burden (Sec. 456 of CCC)
Handwritten ⇒ contract of a gift of immovable property, ships of five tons and over, floating house or beasts of burden (Sec. 456 of CCC)
Handwritten ⇒ contract of sale with right of redemption of immovable property, ships of five tons and over, floating house, or beasts of burden (Sec. 525 and 456 of CCC)
Handwritten ⇒ a hire of immovable property for more than a period of 3 years, (but not lease contracts for a period of no more than 3 years and other contracts related to real estate, which can be signed validly via any form of electronic signature) (Sec. 538 of CCC)
Handwritten ⇒ mortgage contract (Sec. 714 of CCC)
Handwritten ⇒ transactions relating to family (Royal Decree Prescribing Civil and Commercial Transactions Exempted from Enforcement under Law Governing Electronics Transactions BE. 2549 (2006))
Handwritten ⇒ transactions relating to succession (Royal Decree Prescribing Civil and Commercial Transactions Exempted from Enforcement under Law Governing Electronics Transactions BE. 2549 (2006))