Amendment of Electronic Transaction Act
The
Electronic Transactions Act (No. 4) B.E. 2562
(2019) “Act” was promulgated on 22 May 2019 and
shall come into force since 23 May 2019 onwards.
The purpose of amendment of this Act is that
identity proof and verification of a user
providing for a service provider will be
convenient and will not cause a burden to the
user. This Act sets out that the service provider
can prove and verify the identity through a system
of digital identity proof and verification. Also,
there shall be mechanism to supervise and control
a relevant service enterprise creating the system
of digital identity proof and verification so that
the service enterprise will generate the reliable
and safe system and there will be beneficial to an
economic system and consumer protection.
The essence of the amendment of this Act is as
follows:
- Adding words “Identity proof and
verification” and “System of digital identity
proof and verification”. That is the proof and
verification of an individual and entity can
perform via an electronic network connected
with information between individuals,
entitles, government agencies. - Adding Chapter 3/1 – The System of
Digital Identity Proof and Verification and
adding Sections 34/3 and 34/4. The Sections
set out that a service provider shall inform
of conditions on reliable digital identity
proof and verification to a user in advance.
The conditions shall meet at least the minimum
standards of Royal Decree announced by the
Electronic Transaction Commission. Whenever
the user has executed the digital identity
proof and verification as per the conditions,
it shall assume that the user, whose identity
has already proved and verified, is the actual
individual or entity. - The service enterprise who provide
service on the system of digital identity
proof and verification before this Act
enforces has been able to carry on the service
business. In addition, if the service business
is subjected to the business as set forth in
Royal Decree pursuant to Section 34/4, the
service enterprise shall submit an application
for request of a permit within 90 days as of
the enforcement of the Royal Decree. - Adding a sanction pursuant to Section
45/1. In the event that the service enterprise
provides service on the system of digital
identity proof and verification without a
permit, or provides the service during a
permit suspension or after a permit
revocation, the service enterprise shall be
imprisoned not exceeding 3 years, be fined not
exceeding 300,000 Baht or both.