On 29 September 2026, Thailand’s Cabinet approved a draft Act to replace the Electronic Transactions Act B.E. 2544 (2001) in full. It assigned the Ministry of Digital Economy and Society, through the Electronic Transactions Development Agency (ETDA), responsibility for further action. The proposal is not yet an enacted replacement law. Cabinet approval does not itself change businesses’ existing obligations.
ETDA conducted a public consultation before Cabinet approval. The draft aims to make electronic transactions the main channel while preserving the option to use paper. It would broaden the framework across private-sector and public-sector transactions, subject to special statutory procedures and exceptions, and align the rules with UNCITRAL model laws.
Five changes that matter
- Provider certification, duties and liability. The proposed framework would replace the existing notification, registration and licensing mechanism under the Act with ETDA certification. Providers could apply, or ETDA could recognize providers using internationally accepted methods without an application. Providers would still have duties to use reliable methods throughout their services, retain transaction evidence and compensate users and other affected parties for damage caused by failure to fulfil those duties. The transition for digital platforms is an important exception, explained below.
- Clearer rules for automated contracts. The draft would recognize contracts made by systems operating without human intervention, subject to the parties being able to foresee the system’s operation in the ordinary course. This is not blanket validation of every transaction generated by an AI system. The proposal also clarifies electronic dispatch and acknowledgement of receipt.
- Electronic evidence and the burden of proof. Electronic data and printouts would be recognized as documents or admissible evidence under civil, criminal and other procedural laws. According to the Cabinet summary, a party challenging the reliability of electronic data would bear the burden of proof and the costs of that proof. This should not be read as a statement that the challenger automatically pays all litigation costs.
- Electronic signatures, seals and negotiable instruments. Signatures and corporate seals made using reliable methods or methods prescribed by ETDA would have expressly defined legal effect. Electronic stamp duty would follow Revenue Department rules. A new chapter would address electronic bills of exchange, promissory notes and cheques, including sole possession, delivery, endorsement, changes to data and conversion from paper with cancellation of the original paper instrument.
- Seven categories of electronic transaction services. The draft identifies identity verification, electronic signatures, timestamps, receipt/transmission/storage of electronic data, website or domain registration/certification, electronic negotiable-instrument systems, and other services designated by ministerial regulation. ETDA would prescribe reliability standards with regard to each service’s nature and risk.
Certification and the transition for existing providers
ETDA would consider certification applications within 90 days of receipt, excluding time spent correcting or supplementing documentation. It would publish the names of certified providers and promptly inform users of circumstances affecting a service’s reliability. The Cabinet summary states that certification would not be treated as an administrative order.
The government’s explanation identifies two transition provisions. Existing licensed digital identity-verification providers would be treated as certified under the new law. The Digital Platform Services Royal Decree B.E. 2565 (2022), including its notification framework, would continue until legislation specifically governing digital-platform services takes effect. The reform therefore should not be described as an immediate, universal abolition of platform regulation.
What’s next
Cabinet approval has been obtained, but further legislative steps, including parliamentary consideration and publication in the Government Gazette, remain. According to the government’s explanation, the proposed Act would take effect after 180 days from Gazette publication, if enacted. No calendar commencement date is established by the Cabinet decision.
A programme of 26 subordinate instruments has been prepared: two royal decrees, three ministerial regulations and 21 notifications. The final Act, transition provisions and implementing standards will determine how the framework operates in practice.
What to do now
Review how your business signs contracts, uses corporate seals, runs automated contracting systems and retains transaction evidence. Check provider responsibilities and the reliability of your records. Continue complying with current requirements while following the final legislation and ETDA standards; Cabinet approval does not create an immediate deadline to migrate systems.
