Thai Legal Standards

"Electronic Signatures" on TakoSign

Digital Contract Principles, the Electronic Transactions Act, and ETDA Standards that ensure your documents are legally valid, binding, and enforceable.

What kind of signature does TakoSign use?

TakoSign provides a "general electronic signature" (under Section 9), which covers general-purpose signing as well as department- or special-purpose signatures, giving full legal validity for everyday transactions.

1. What is an Electronic Signature (E-Signature)?

Under the Electronic Transactions Act B.E. 2544 (2001), an electronic signature is any letter, character, number, sound, or other symbol created in electronic form for two main purposes:

1.

Identification

Can link to and identify the user as the owner of that signature

2.

Intention

This indicates that the signer agrees to and accepts the contents of the document

2. Thai Law Divides Signatures into 3 Types

According to the ETDA Standard Recommendation (ETDA Recommendation No. 23-2563), electronic signatures are categorized by their level of security and rigor as follows:

TakoSign currently provides this type of signature

Type 1: General Electronic Signature (Section 9)

It can be created in any form that conveys the individual’s meaning and intent, provided there is evidence confirming that the document has not been altered afterward. This is suitable for general transactions in the workplace and business operations.

Examples:

  • Drawing a signature on a touchscreen (with a stylus or finger)
  • Attaching a photo or scanned image of a signature
  • Clicking an "Accept" button or checking a checkbox
  • Typing a name in an email or message

Type 2: Reliable Electronic Signature (Section 26)

It is a Digital Signature that uses Public Key Infrastructure (PKI) encryption together with identity proofing at IAL2 and authentication at AAL2 or higher. This provides a higher level of security than Type 1 and requires multi-factor authentication.

Type 3: Reliable Signature with Certificate (Sections 26 and 28)

Similar to Type 2, but additionally requires certification from a licensed "Certificate Authority" (CA).

3. How Does TakoSign Build Trust in a Signature?

Even though it uses a "general signature (Section 9)" format, TakoSign maintains an evidence-recording system (Audit Log) following ETDA guidelines, so it can serve as complete evidence in court:

1.

Records identity data

Stores the signer’s email address, IP address, device information, and login history

2.

Timestamp

Accurately records the date and time when the document is sent, opened, and signed

3.

Confirms signing intent

Provides a clear step for signers to confirm their acceptance of the terms before creating their signature

4.

Prevents tampering (Integrity)

Once fully signed, the system locks the PDF file so its content can no longer be edited

4. Responsibilities of Each Party

Agreements in a document are made between the sender and the signer, while TakoSign acts as the signing tool and evidence keeper. Each party therefore carries a different scope of responsibility.

Party 1

Document Sender

Creates the signing request and designates the signer

  • The accuracy and completeness of the document's content, including all figures, terms, and text that appear in it
  • Correctly identifying the signer and contact channel, so the signing request reaches the intended person
  • The right and authority to send the document for signature, as authorized by their organization or counterparty

Party 2

Signer

Receives the request and signs the document

  • Reviewing the content to understand it before confirming, since signing is a legally binding expression of acceptance
  • Having the authority to sign, whether on their own behalf or as a representative of their organization
  • Safeguarding the channel used to receive the signing link, so no one else can access it and sign in their place

Service Provider

TakoSign

Provides the signing system and stores evidence

  • Provides the signing system and records signing evidence, so every party can later verify who signed and when
  • Is not a party to, nor involved in, the agreement between the parties — any dispute is a matter between the sender and the signer only
  • Does not provide legal advice and does not determine whether any document, signature, or transaction is legally valid in its content, which remains the user's own responsibility

5. Limitations to Be Aware Of

Electronic signatures are valid for most general transactions, but certain document types carry additional conditions worth checking before use.

Transactions with Specific Legal Formalities

The law prescribes a specific form for certain types of documents, which must follow the required procedure to be legally complete. These transactions may not be executable using this electronic signature. If you're unsure whether your document falls into this category, consult a legal advisor before proceeding.

ตัวอย่างเอกสารที่อาจเข้าข่าย

  • Documents that must be made in writing and registered with a government official
  • Documents that the law requires to have a witness
  • Documents that require signature certification

Acceptance by Third Parties

The Company does not guarantee that any counterparty, court, registrar, government agency, or other third party will accept a document signed through this service. Each organization may have its own internal regulations or document format requirements. If you need to submit a document to a specific organization, we recommend checking that organization's requirements before using this service.

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