Notification Requirement for Digital Platform Services

On October 25, 2021, the Cabinet has approved in principle on a draft Royal Decree on Supervision of Digital Platform Services Required to be Notified B.E. …. (“Draft Royal Decree”) in order to maintain the financial and commercial stability and provide protection to consumers and digital platform users.

The main issues of the Draft Royal Decree are as follow:

  1. Digital platform services are the service in providing a digital platform medium linkage between digital platform users and consumers by using computer network.
  2. Digital platform users are individuals or entities who offer products, services or properties to consumers via digital platform services regardless of whether they have registered for membership or account with the digital platform providers. Those have objectives related to trade, business, handcraft or profession. In addition, there might be more than one party of digital platform users on each digital platform.
  3. The Electronic Transactions Development Agency (ETDA) will be responsible and supervised the digital platform services required to be notified.
  1. The Draft Royal Decree will be applied to the digital platform service providers providing their services to the consumers in Thailand regardless to whether they have their establishment in Thailand or not. In case that the providers do not have their establishment in Thailand, they have to appoint their representative in Thailand and that such representative shall have its power in conducting any act on the digital platform providers behalf without any limitation on its obligations.
  2. The digital platform provides are required to notify to ETDA prior to commence its operation via electronic mean except the digital platform services fallen under other laws and regulations or under the announcement of committee. Also, they are required to notify to ETDA once they would like to stop its operation.

Currently, the Council of State is reviewing the Draft Royal Decree and it will be published and become enforced after the Cabinet grants its final approval.

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