On 23 December 2022, Thailand issued the Royal Decree on Supervising Service Businesses Regarding Digital Identity Proofing and Authentication System Which Shall be Licensed B.E. 2565 (2022) ("Royal Decree") by virtue of the Electronic Transaction Act B.E. 2544 (2001). The Royal Decree will take effect on 21 June 2023. The provision of the following services shall be regulated and licensed:
- Identity Proofing Service – the service of compiling and verifying information relating to the identity of a person and verification on the connection between the person and the information on identity;
- Authenticator Management Service – the service relating to the connection between the identity of a person whose identity has been verified and the authenticator, including the management of such authenticator;
- Authentication Service – the service of authenticating the identity of a person by verifying the authenticator of such person; and
- Digital Identity Platform Service – the service of information exchange for digital identity proofing and authentication, which are networks or systems that enable connection and information exchange in relation to digital identity authentication and verification, but not including a provision of service by an intermediary.
The Royal Decree provides a licensing exemption to the following services:
- Identity proofing and authentication services provided by a certificate authority to support the use of electronic signatures under the law on electronic transactions;
- Identity proofing and authentication services provided for internal business benefit without being provided to any third party; and
- Services relating to digital identity proofing and authentication systems, as prescribed by the Electronic Transaction Commission.
Penalty for unlicensed businesses
Any person who operates a business providing services relating to digital identity proofing and authentication systems without obtaining a licence shall be liable to imprisonment for a term of not more than three years, or to a fine of not more than THB 300,000, or to both.
