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E-TRANSACTIONS

ICT MINISTRY AMENDING ACT

Move aimed at spurring online business and preparing country for AEC



The Information and Communicationa Technology Ministry is revising the Electronic Transaction Act (No 3) in order to create confidence and strong support for online business and e-transactions for the private and public sectors as well as the Asean Economic Community (AEC).

The revised Act is expected to be sent to the Cabinet for approval in the next couple months.

Surangkana Wayuparb, director and president of Electronic Transactions Development Agency (ETDA) under the ICT Ministry, said that the new draft of the e-transaction Act will not only create the legal infrastructure to support e-contracts, e-business transactions but also prepare the country to support the AEC when it comes into effect in 2015, as well as strengthen competitiveness.

She said the agency had begun revising the Electronic Transaction Act (No 3) last year and had already completed the draft. It is expected to be sent to the ICT minister this month so that the ministry can submit it to the Cabinet for approval in the next couple months. The agency expects that the new draft will get approval and the e-transaction Act will come into effect in the next three years.

The proposed draft will cover three key issues: amendment for more effective law enforcement; support and preparation for implementation of the United Nations Convention on the Use of Electronic Communication in International Contracts; and, integration of agencies responsible for works supporting the mission of the Electronic Transaction Commission.

With the amendment for more effective law enforcement, the new draft will have a revised definition and clarify some terms of "Electronic Certificates" and "Automatic Data System" to support execution of contracts via automatic data system, modify law assumptions relating to creation of electronic message and electronic signature to be consistent with actual practice, revise the regulations on notification and registration of electronic transactions business operator to allow checking and inspection by the authority prior to the notification or registration. It also provides that the act shall be applicable for any legal prosecution or proceedings of a court or an independent agency under the Thai Constitution.

Meanwhile, the amendment to support and prepare for implementation of the United Nations Convention on the Use of Electronic Communications in International Contracts sets out the regulations for a contract made via electronic communication and the legal implications of a contract made via automatic data system. It also sets out the legal implications of an offer made in electronic form which is not sent to any specific person to be merely an expression of intent, and sets out the obligation of a sender of electronic information who seeks to annul information through electronic means that resulted from incorrect input of information between the sender and the receiver of such information.

Lastly, in a bid for integration of agencies responsible for works supporting the mission of the Electronic Transactions Commission, it will set up the Office of Electronic Transaction Commission as a juristic person under the supervision of the Electronic Transaction Commission, supervised by the ICT minister.

"I think that the new e-transaction Act will help to protect against illegal threats on the cyber network and minimise risks in the digital era. It will be a factor which will drive e-commerce growth as it will be able to create confidence among businesses and customers. We have developed the new draft to prepare the legal infrastructure to support AEC," said the president.

She said the new draft of the e-transaction Act will not only create the legal infrastructure for the country to support e-contracts, e-business transactions and prepare the country to support the AEC, it will also create competitiveness of the country.

Thailand has announced the Electronic Transaction Act BE 2544 (2001) amended by the Electronic Transaction Act (No 2) BE 2551 (2008) as information and technology legislations.

ICT Minister Anudith Nakornthap said that the new draft will help run business transaction over online networks. Moreover, it will help promote and support e-commerce in the country, which has had a dynamic and continuous growth every year as customers are developing the confidence to purchase products and services via online transactions. Transaction value exceeds more than Bt600 billion a year in the domestic market.

Legislations

Thailand has a royal decree and a draft royal decree for paperless trading:

1. The royal decree on Security Procedure for Electronic Transaction, which has been in effect since March 2, 2011. The decree aims to encourage the management and maintenance of information security for conducting electronic transactions to boost trust and confidence in electronic transactions.

2. The royal decree Regulating Electronic Payment Service Business BE 2551 (2008), which has been effective since January14, 2009. The decree regulates the electronic payment service business provider.

3. The draft of the royal decree regulating Electronic Signature Certificate Business. It is currently under consideration of the Special Committee of the Council of State. The draft requires the Electronic Signature Certificate Service Provider to obtain a licence before providing electronic transaction related services. It also establishes qualification requirements for digital signature certificate service provider and requirements for personal, external audit and data protection.

4. The draft of the Personal Data Protection Act is currently under the consideration of Parliament. The PDPA draft shall apply to the processing of personal data by state enterprise and private sector, either an individual person or organisation, responsible for processing of personal data.








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