A draft Announcement on the Additional Duties for Digital Platform Services in Specific Goods Market Categories
A draft Announcement on the Additional Duties for Digital Platform Services in Specific Goods Market Categories
The Electronic Transaction Development Agency (“ETDA”) has conducted a public hearing on the subordinate regulations under the Royal Decree on the Operation of Digital Platform Services Business that are Subject to Prior Notification B.E. 2565 (2022) (“Royal Decree”), a draft Announcement on the Additional Duties for Digital Platform Services in Specific Goods Market Categories as prescribed in Section 18 (2) of the Royal Decree B.E. …. (the “Draft Bill”). The Draft Bill has recently undergone public consultation, where comments and feedback provided therein may be reflected in the further revision of the Draft Bill. Nonetheless the following summarizes the initially proposed provisions.
The Draft Bill imposes additional obligations on Digital Platform Services (DPS) that pose risks to financial and commercial security, reliability, and creditability in data message systems, or potential harms to the public, as prescribed under Section 18 (2) of the Royal Decree as follows:
- Registration, Authentication, and Verification of the Business Users: The DPS is required to put in place an authentication and verification of the identity of the person who offers goods or services to consumers through a digital platform service (“Business User”). The authentication and verification may be by means of a collection of information or the use of an authentication system having a reliability standard of no lesser than the Identity Assurance Level (IAL2);
- Maintaining Record of Registry: The DPS is required to maintain a record of registry for Business Users, it may be required to submit such record to ETDA periodically or upon request.
- Obligations in Relation to the Products that Are Subject to Specific Quality Standard: Certain types of products may be subjected to a specific quality standard under the law relating to industrial product standards, foods, medicines, or cosmetic products (“Products with Specific Standards”). In this regard, the DPS is required to (1) have in place a policy regarding the advertisement or sale of the Products with Specific Standards. Such policy must be specified in the terms and conditions of the DPS; (2) prohibits the sale and advertisement of products that are restricted by the law; (3) requires the Business User to submit relevant permits or approvals in relation to the Products with Specific Standards; (4) display information relating to the Products with Specific Standards onto the platform; (5) provide a channel for users to verify accuracy of information relating to Products with Specific Standards against the government agency database; and (6) display a symbol or message indicating that such products are Products with Specific Standards.
- Obligations in relation to the Unlawful Sale or Advertisement of Products with Specific Standards: Apart from the preventive mechanisms prescribed above, the DPS is also required to (1) put in place a notice-and-takedown mechanism for the users to notify the DPS of unlawful Products with Specific Standards; (2) put in place a remedial measure for the users; and also (3) maintain a record of users who reviewed the Products with Specific Standards on the platform.
Under this Draft Bill, the DPS is required to specify the penalties for Business Users who fail to comply with the aforesaid obligations, the level of penalty is left open for public opinion on whether there shall be a written warning and grace period for correction, or Business Users failure to comply shall be subjected to termination of service by the DPS without prior notification.
Subject to the result of public consultation under this round, there may be an additional round of public consultation before finalization.
Author: Panisa Suwanmatajarn, Managing Partner.
Other Articles
- Thailand FDA — Proposed Food Labelling Rules for Prepackaged Foods
- U.S. Tariff Developments Post Supreme Court Ruling
- FDA: Food and Drug Administration Proposes Revised Food Advertising Notification
- Employment vs Liberal Profession
- Labor: The Case of Continuous Employment After Retirement – A Landmark Ruling on Severance Pay Continuity
- IP: Strengthens Intellectual Property Governance Through Reform of the National IP Policy Committee