Jurisdiction over civil transaction according to Electronic Transactions Act

Abstract

Nowadays electronic transaction has influenced more on communication and human activities. Electronic transaction is considered the activities that performed either between businesses, individuals, governments and other private or public organizations on the purposes of business, commerce, or making communication with government organizations. The process can be partial or full electronic contacts such as online selling and purchasing, electronic commerce, online member subscriptions, entering into a sale agreement or any contracts on networks, automated money transaction, receiving and sending electronic information etc. Due to the fact that the communication online can remain anonymously and traceless sometime; moreover, some people even use pseudonyms when communicating. It is likely that the person who misconduct electronic transaction can avoid legal liability.Therefore, this study  aimed to explore definition and types of electronic transaction and  to consider legal recognition of electronic information in making documents, signatures and making contracts and willingness in electronic data, time and location of access to the internet, as well as jurisdiction over the electronic transaction by investigating the laws from several countries namely the USA, Germany, France and Singaporeto compare their designation of jurisdiction over the internet to Thai court. This study further investigated Thai legal jurisdiction in the aspects of advantages, disadvantages and international enforcement.

From the study, the guidelines for cause of action interpretation which incurred in electronic transaction in order to extend Thai court jurisdiction over the defendants who residing outside the state by employing the principle of the US court jurisdiction by considering the minimum contact in which explains the cause of action. However, this study does not suggest the amendment of Thai legislation though the interpretation of minimum contact is strongly suggested to consider the cause of action in order to comply with the electronic transaction nature.