Thailand
KEY CONTACTS
Peangnate Sawatdipong
TEL +66-2-009-5000 Ext. 33316
peangnate.s@mhm-global.com
Nuanporn Wechsuwanarux
TEL +66-2-009-5000 Ext. 3329
nuanporn.w@mhm-global.com
Panupan Udomsuvannakul
TEL +66-2-009-5000 Ext. 3110
panupan.u@mhm-global.com
Sirawan Fuengfoosin
TEL +66-2-009-5000 Ext. 3315
sirawan.f@mhm-global.com

The Emergency Decree re: Teleconference through Electronic Media, B.E. 2563 (2020) (“Emergency Decree”) became effective on 19 April 2020. However, the new standards for electronic conference security were still in the process of being considered by the Ministry of Digital Economy and Society. The Emergency Decree requires that electronic meetings follow the security protocols set forth under the Notification from the Ministry of Information and Communication Technology re: Standards for Electronic Conferencing Security, B.E. 2557 (2014) (“ICT Notification”) to the extent that such standards are not contrary to the Emergency Decree.

On 26 May 2020, the Ministry of Digital Economy and Society issued and published the Notification re: Standards for Electronic Conferencing Security B.E. 2563 (“DE Notification”) in the Royal Gazette. This became effective on 27 May 2020. Therefore, from this date, electronic meetings need to comply with the new standards set forth in the DE Notification.

Key requirements of e-meetings under the DE Notification

  • All attendees must be able to present themselves via electronic communications prior to their attendance. The company may use means of electronic identification, e.g. username and password, one-time password (OTP) to verify the identity of each attendee.
  • The attendees can communicate or interact by audio or audio and video throughout the meeting. A backup plan in the event of disruption during the meeting, e.g. teleconference or message communication service, must be provided.
  • Accessibility to the documents related to the meeting by the attendees. Documents related to the meeting must be sent to the attendees prior to the meeting or be presented during the meeting.
  • A method of identification must be used for voting by the attendees.
  • There must be a system for temporarily halting the broadcasting or transmitting of information to any person immediately in case of urgency or necessary, e.g. if any attendee has a special interest in the agenda item.
  • Audio, or audio and video records of all attendees throughout the meeting, except in the case of confidential meetings, must be maintained by the meeting organizer. After each e- meeting is held, the meeting organizer must keep the audio or audio and video recording, the computer traffic data arising from the recording, security for such records and data and evidence relating to the e-meeting. If the meeting is organized by a service provider, the records must be delivered by the service provider to the meeting organizer within seven days from the date of the meeting.
  • The e-meeting must have at least the following security standards:
    • Confidentiality
    • Integrity
    • Availability
    • Privacy and personal data protection
    • The electronic information related to or created from the meeting must have authenticity, accountability, non-repudiation and reliability.

In addition, the Electronic Transactions Development Agency (“ETDA”) or other agency as specified by ETDA may examine and certify the conformity of the meeting control system with the DE Notification. If the system is certified by the said agency, it is deemed to be compliant with the standard set forth in this DE Notification. The criteria and method for the examination and certification of the system will be set by the ETDA.

However, if any electronic meeting was already prepared before the DE Notification became effective, that meeting when held must comply with the ICT Notification. However, the meeting must not take place more than 60 days from the date of the enforcement of the DE Notification.

Effectiveness of electronic meetings conducted in compliance with the DE Notification

All the meetings held in compliance with this DE Notification are deemed to be lawful under section 11 of the Emergency Decree.

If you would like to discuss the issues raised in this article further or related issues, please contact the authors listed in the right-hand column.

                         ******************************

This article provides a brief summary and overview of the legal issues relating to WTE Projects. Please contact the authors if you require further information on the issues raised in this publication or related issues.


This publication is intended to highlight an overview of key issues for ease of understanding, and not for the provision of legal advice. If you have any questions about this publication, please contact your regular contact persons at Mori Hamada & Matsumoto or Chandler MHM Limited. If you should have any inquiries about the publications, or would like more information about Chandler MHM Limited, please contact bd@mhm-global.com.

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