Supervision of Services Related to Digital Proofing and Authentication System B.E. ….

A Draft Royal Decree on Supervision of Services related to Digital Proofing and Authentication System B.E. …. (“Draft Royal Decree”) was proposed by the Ministry of Digital Economy and Society and was approved in principle by the Cabinet on 22 September 2020.The Draft Royal Decree is aimed to be legislated 1) to define the types of digital proofing and authentication system services (“Services”) which need to be licensed, i.e. identity proofing services, authenticator management services, authentication service and digital identity platform services and 2) to specify the rules for conducting such Services in order to make the Services more reliable and safer for electronic transactions under the Electronic Transactions Act B.E. 2544.Summary of the Draft Royal Decree are as follows:

  1. Digital proofing and identity verification is required to be consisted of at least three processes as follows:
    1. Identity proofing;
    2. Issuing proof of authentication; and
    3. Authentication
  2. A person or juristic person verified through the Services under this Draft Royal Decree is presumed to be real.
  3. A person or juristic person is prohibited from operating the Services in a monopolized manner unless approval from the Electronic Transactions Development Agency (ETDA) is granted.
  4. There are services which are not subjected to the Draft Royal Decree which are an e-signature certification authority service (CA) under the Electronic Transactions Act, digital proofing and authentication system service used only for the benefit of a person or juristic person own business, identity proofing service that does not require verification of identification evidence and verification of person identification (Identity Assurance Level Service) and service related to digital proofing and authentication system operated by the government agencies excluding the state enterprises.

The Draft Royal Decree will be passed to the Council of State for its consideration together with relevant authorities and later it will be returned to the Cabinet for its reconsideration and approval before submitted to the Parliament for its final consideration.

Author: Panisa Suwanmatajarn and Jinnaphat Srithepthamrong

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