Clarifying a Common Misconception: Can Digital Documents Legally Replace Original Documents?

Many companies wonder whether they can discard the original paper documents once they have converted them into digital documents on a computer, and whether doing so would be illegal.

The answer is: Yes, you can! But you must do it correctly, as required by law.

Let's see what we need to do…

Why switch to digital documents?

Clear advantages

• Space-saving – No need for a large document storage room
• Easy to find —just type in a name and it comes up right away. No need to search through piles of paper.
• Save money – no need to buy paper, ink, or a copier
• Accessible Anywhere – View documents from anywhere using your phone or computer
• Safe – No need to worry about fire, flooding, or insect damage
• Help the World – Reduce Deforestation

What does Thai law say about digital documents?

Relevant Laws

Electronic Transactions Act, B.E. 2544, Section 12/1

In short, the law states that “digital documents can be used in place of physical documents,” but there is a condition: “they must be created properly.”

Full text of Section 12/1

“The provisions of Sections 10, 11, and 12 shall apply to documents or text that have been subsequently created or converted into electronic form by electronic means, and the storage of such documents and text shall be governed by analogy.”

"The preparation or conversion of documents and text into electronic data in accordance with paragraph (1) shall be carried out in accordance with the criteria and procedures established by the Commission."

The Meaning of Section 12/1

1. Allow document conversion – Paper documents can be converted to digital format
2. Grant equal legal status – Digital documents have the same legal effect as originals.
3. Must comply with the guidelines – Must follow the rules set by the committee

Relevant Sections

Section 10 – Original Documents provides that electronic data may be used in lieu of original documents if its integrity is preserved and it is capable of conveying the intended meaning.

Section 11 – Evidence
No electronic data may be excluded as evidence in legal proceedings

Section 12 – Retention: Sets forth guidelines for the retention of electronic documents to ensure they remain accessible and usable.

Requirements for Digital Documents

1. The document conversion process must be correct.

• Scan for sharp, clear results – Use high resolution (recommended: 300 dpi or higher)
• Content must be complete —do not omit or alter any information.
• Easy to read – Text and details must be clearly visible

2. Choose the right file format

• PDF/A – For important documents that need to be archived long-term
• TIFF – For high-quality images
• JPG – For general documents (but not suitable for important documents)

3. Store in a safe place

• Password required – Prevents unauthorized access
• Back up your data – keep copies in multiple locations
• A reliable system – Use software or systems that meet industry standards.

4. There are controls and checks in place.

• Viewer Log – See who viewed it and when
• Protect and prevent editing – Make it difficult to edit the file
• Check regularly – Make sure the file is still working properly.

Steps for Creating (A Simple Guide to) Digital Documents

Step 1: Preparation

1. Sort Documents – Which Are Important and Which Are Ordinary?
2. Check for specific regulations —some documents may have additional requirements.
3. Prepare equipment – scanner, software, data storage system

Step 2: Split the document

1. Scan files – Use high resolution; save as PDF or TIFF
2. Check – Compare the file with the original to ensure it is complete.
3. Enter additional information – Enter the file name, date, and document type.

Step 3: Storage

1. Upload to the system – Store in a secure program or system
2. Back up your data – keep a copy in another location
3. Permissions – Who Can View This?

Step 4: Destroy the original document (if desired)

⚠️ Important Note: Please wait 3–6 months after the conversion to ensure that the system is functioning properly.

Types of documents that can be converted to digital format

Documents that can definitely be processed

• Various contracts
• Receipt, Tax Invoice
• Internal company documents
• Meeting Minutes
• Business Letter

Documents to Be Careful With When Creating Digital Documents

• Official documents – Specific rules may apply
• Documents for which the law requires retention of the original – must be checked first
• Historically Significant Documents – Consult an Expert

How can you tell if you've created a digital document correctly?

A Simple Checklist

✅ Files are easy to read – text and images are clear

✅ Complete content – no missing pages, no missing sections

✅ Store in a secure location – password-protected and backed up

✅ Control – Know who is viewing the content and when

✅ Verified – The system is working properly and the files open fine.

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Warning! Things You Should Never Do with Digital Documents

❌ Don’t convert without checking —there may be incorrect or missing information.

❌ Don’t keep everything in one place —make sure you have backup copies.

❌ Don’t use unusual file formats —stick to standard ones.

❌ Don’t submit the original documents right away —wait until you’re sure the system is working properly

❌ Don’t forget special laws —certain types of documents may be subject to additional rules.

Summary

It's possible – The law allows for the use of digital documents in place of paper ones.

It must be done correctly —in accordance with the guidelines set by the ETDA.

Cost-effective and good value – you’ll reap significant benefits in the long run

Start small – you don’t have to do it all at once

SO NEXT is happy to offer advice. Feel free to contact us for more information at [email protected], by phone at 0901978521, or via our official LINE account @SONEXT.

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