New Department to Develop Legal Structure for ICT Laws in Thailand
17 March 2011
Due to mounting concerns after the passage of the Electronic Transaction Act in Thailand, a new department will soon be established by the Information and Communications Technology Ministry to create laws aimed at regulating the electronic business environment. The new department will be charged with developing a legal infrastructure for ICT laws in Thailand, in effect of pressure for the business community due to the vastly increasing number of online business transactions and expanding use of e-commerce. The new department would also enable existing laws to come into effect.
Currently, a Data Protection draft law is still idling in the approval process. This law would help protect people against their information being collected and processed by private-sector organizations.
Delays in the enforcement of ICT laws came were caused by recent and frequent changes in government, according to the director of the National Science and Technology Development Agency’s Legal Department.
She also stated that the Electronic Transaction Law would build an atmosphere of confidence between customers and businesses about purchasing and delivering products and services over the Internet.
Thailand has seven ICT laws on the burner, which it can enforce to create a legal infrastructure. These laws are as follows: the Electronic Transaction Act, the Electronic Transaction Amendment (Electronic Transaction Agency & e-document) Act, the Computer-related Crime law, a royal decree on Exemptions from the Electronic Transaction Act, a Royal Decree on Electronics in the Public Sector, a Royal Decree to Regulate e-Business Services relating to e-Transactions under the Electronic Transaction Act, and a Decree on Security Policy for Electronic Transactions.
Below is a summary of the above laws:
- By granting electronic transactions the same legal status as that granted to transactions conducted by traditional methods, the Electronic Transaction Act will serve to promote more wide-spread use of electronic transactions.
- The Electronic Transaction Amendment Act sets the ground for creating an Electronic Transaction Agency to promote the legal status of online documents, to include setting the standard for the generation and retention of online documents.
- The Computer-related Crime Law criminalizes offences against computer systems and computer data, and the Royal Decree on Exemptions from the Electronic Transaction Act states that the Act will not be applicable to family matters.
- The Royal Decree on Electronic Transactions in the Public Sector sets standards for electronic transactions between the public and private sectors
- The Royal Decree to regulate e-Business Services relating to e-Transactions under the Electronic Transaction Act aims to maintain financial and commercial stability, strengthen the credibility and acceptance of e-transactions and to prevent damage to the public. An associated Royal Decree Regulating e-Payment Service Providers became effective in 2008, while the draft of another associated Royal Decree seeking to regulate certification authority is currently under consideration by the Council of State.
- The Royal Decree on Security Policy for Electronic Transactions aims to provide acceptable standards for security measures protecting and creating reliability in electronic transactions.
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