Legal Update - 21 JUNE 2019
THAILAND’S AMENDMENT TO ELECTRONIC TRANSACTION ACT ON DIGITAL ID
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The Amendment to the Electronic Transaction Act (No. 4), B.E. 2562 (2019) on Digital Identification (“Digital ID Act”) was published in the Government Gazette on 22 May 2019; therefore it has been in effect since 23 May 2109. The Digital ID Act aims to set criteria, means and conditions for businesses using and providing services relevant to authentication and verification of one’s identity through a digital platform, in order to help eliminate the repetition of the verification process needed to be performed by the users for each transaction with each service provider.
The Digital ID Act is governed by the Digital Economy and Society Minister (“DESM”), and the National Digital Identification Committee (“NDID Committee”) may be set up to govern and set rules and requirements for digital authentication, as well as to supervise the digital ID platform.
The DESM will monitor and control a service provider who provides identity verification services or operates a digital ID platform. A service provider who operates the digital ID platform as prescribed by a Royal Decree (to be enacted) must apply for and receive a licence from the Electronic Transaction Committee.
An entity providing the proxy server used to connect to the digital ID platform will also be monitored and controlled under the Digital ID Act.
A service provider providing a digital ID platform without a licence will face imprisonment not exceeding three years, a fines not exceeding Baht 300,000, or both.
The actual implementation of the Digital ID Act needs to be stipulated by a subordinate legislation and a procedural framework. The Digital ID Act itself does not set criteria, means and conditions for businesses using and providing services relevant to a digital identification platform’ rather, it allows a royal decree on this issue to be enacted under the Digital ID Act.
Further updates on the development of the implementation of this Act and its subordinate legislation and the procedural framework, will be monitored.
This article is prepared by Paramee Kerativitayanan. (21 June 2019)
SCL Law Group