Section 9 In the case where a person is to enter a signature in writing, it shall be deemed that such data message bears a signature if: (1) the method used is capable of identifying the signatory and indicating that the signatory has approved the information contained in such data message as being his own; and (2) such method is a reliable one and appropriate for the purpose for which the data message is generated or sent, having regard to the surrounding circumstances or an agreement between the parties. Section 10 In the case where the law requires that any information be presented or retained in its original form as an original document, if such information is presented or retained in the form of data message pursuant to the following requirements, it shall be deemed that such information is presented or retained as an original document under the law: (1) a reliable method is used with the data message to assure the integrity of the information from the time when it is generated in its final form; and (2) the information is capable of being subsequently displayed. The integrity of the information under (1) shall be determined by having regard to its completeness and un-alteration, apart from the addition of any endorsement or record or any change that may arise in the normal course of communication, storage or display of the information, which does not affect the integrity of that information. In determining the method used for assuring the integrity of the information under (1), all relevant circumstances must be taken into consideration, including the purpose for which such information is generated. Section 11 The admissibility of a data message as an evidence in the legal proceedings shall not be denied solely on the grounds that it is a data message. In assessing the evidential weight of a data message whether it is reliable or not, regard shall be had to the reliability of the manner in which or the method by which the data message was generated, stored or communicated, the manner in which or the method by which the completeness and integrity of the information was maintained, the manner in which or the method by which the originator was identified or indicated, including all relevant circumstances. Section 12 Subject to the provision of Section 10, in the case where the law requires that certain documents or information be retained, if such retention is made in the form of a data message pursuant to the following requirements, it shall be deemed that such document or information is retained pursuant to the requirements of the law: (1) that data message is accessible so as to be usable for subsequent reference without its meaning being altered; (2) that data message is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to represent accurately the information generated, sent or received; and (3) the information, if any, which specifies the source, origin and destination of a data message including the date and time sent or received, is retained. The provisions of paragraph one shall not apply to the information the sole purpose of which is to enable the data message to be sent or received. www.ThaiLaws.com 3