Part Three: The Laws Relating to Electronic Commerce
1. Legal Provisions Directly Relating to Electric Commerce Presently, Thailand has two Acts which directly relate to electronic
commerce. They are:-
1) The Electronic Transactions Act of B.E. 2544 (2001)
The reason for promulgation of this Act is to provide legalrecognition of electronic transactions by enabling them to have the same legal effect as that given to transactions made by traditional paper means. The Act ensures a regulatory environment in order to promote the reliability of electronic commerce as follows:-
- Recognition of data messages by treating them the same as the messages made or evidenced in writing as well as treating them as an original document under the law.
- Recognition methods of dispatch and receipt of data messages.
- Recognition of the use of electronic signatures.
- Evidential admissibility of data messages.
The Act applies to all commercial transactions performed by using a data message except ones that relate to family matters and succession.5 This Act shall, also, govern electronic transactions in the public sectors if they are made in the form which are in accordance with the rules and procedures prescribed by the Royal Decree.6
Moreover, in order to facilitate electronic commerce business, the Thai Government has issued the Royal Decree of B.E.2551(2008) to monitor the business operation of electronic payment services. In addition, the Royal Decree Prescribing the Service Business Operator Relating to Electronic Commerce Which Shall Be Subject to Prior Notification, Registration or License of B.E. … and the Royal Decree Prescribing the Security Procedure Presumed as a Reliable Method for Electronic Transaction of B.E. … shall be announced in a very near future.
In Thailand the Electronic Transactions Act has been seen as an important player in facilitating legal environment that takes into account the growth of electronic commerce business.
Part Three: The Laws Relating to Electronic Commerce
1. Legal Provisions Directly Relating to Electric Commerce Presently, Thailand has two Acts which directly relate to electronic
commerce. They are:-
1) The Electronic Transactions Act of B.E. 2544 (2001)
The reason for promulgation of this Act is to provide legalrecognition of electronic transactions by enabling them to have the same legal effect as that given to transactions made by traditional paper means. The Act ensures a regulatory environment in order to promote the reliability of electronic commerce as follows:-
- Recognition of data messages by treating them the same as the messages made or evidenced in writing as well as treating them as an original document under the law.
- Recognition methods of dispatch and receipt of data messages.
- Recognition of the use of electronic signatures.
- Evidential admissibility of data messages.
The Act applies to all commercial transactions performed by using a data message except ones that relate to family matters and succession.5 This Act shall, also, govern electronic transactions in the public sectors if they are made in the form which are in accordance with the rules and procedures prescribed by the Royal Decree.6
Moreover, in order to facilitate electronic commerce business, the Thai Government has issued the Royal Decree of B.E.2551(2008) to monitor the business operation of electronic payment services. In addition, the Royal Decree Prescribing the Service Business Operator Relating to Electronic Commerce Which Shall Be Subject to Prior Notification, Registration or License of B.E. … and the Royal Decree Prescribing the Security Procedure Presumed as a Reliable Method for Electronic Transaction of B.E. … shall be announced in a very near future.
In Thailand the Electronic Transactions Act has been seen as an important player in facilitating legal environment that takes into account the growth of electronic commerce business.
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