Abstract:
The purpose of this research is to study and analyze legal concepts of the electronic signature and find out appropriate legal approaches and measures for Thailand in accordance with the international standards. According to this research, signature" is any symbol executed or adopted by a party with present intention to authenticate a writing. 'Digital Signature' is one of the technologies that are purposefully invented to supersede ordinary signing. Several countries, including Thailand, have encountered the impediment to applying the existing laws for ordinary signing to digital signature. However, the developed countries and some ASEAN member countries, namely Singapore and Malaysia, have enacted the specific law to certify the legal status of digital signature. Those laws and regulations prescribe the rights, duties and liabilities of all parties relevant to the use of digital signature. Author has concentrated on the studies of the foreign legislations and legal principles, particularly Utah Electronic Signature......... and the UNCITRAL Model Law on Electronic Signature. In comparison to Thai law, author found that certain provisions are still ambiguous and inconsistent with certain significant principles of international standards. The conclusion and recommendations of the research are as follows: 1. Implement the Technology-Neutral Plus Approach and major legal presumptions in order to reduce the market distortion. 2. Enact digital signature law under the conditions of Thai society in accordance with international standards.