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PDPC Opens New Path for Intra-Group Cross-Border Data Transfers

The Personal Data Protection Committee (PDPC) has introduced a formal framework for the examination and certification of Binding Corporate Rules (BCRs), providing multinational corporate groups with a new mechanism to support cross-border transfers of personal data under Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA).

The Regulation on the Examination and Certification of Binding Corporate Rules was published in the Government Gazette on 17 February 2026 and became effective immediately. The regulation establishes a certification process through which multinational organizations may seek PDPC approval of BCRs as an appropriate safeguard for intra-group international data transfers.

The development represents a significant milestone in the evolution of Thailand’s cross-border data transfer regime and offers multinational businesses greater flexibility in managing global data flows.

Existing Cross-Border Transfer Framework:

Cross-border transfers of personal data under the PDPA are principally governed by Sections 28 and 29.

Section 28 generally requires that personal data transferred to another country or international organization be sent only to destinations that maintain adequate data protection standards as prescribed by the PDPC.

Where the destination jurisdiction has not been recognized as providing adequate protection, Section 29 permits transfers based on certain safeguards or exemptions. In practice, organizations have often relied on contractual arrangements, consent, or other statutory exceptions to facilitate international transfers.

While these mechanisms remain available, they may be difficult to implement across large multinational groups involving numerous entities and complex data processing activities.

The introduction of a formal BCR framework provides an additional compliance option specifically designed for multinational organizations that routinely transfer personal data among affiliated companies located in different jurisdictions.

What Are Binding Corporate Rules?

Binding Corporate Rules are legally enforceable internal rules adopted by a corporate group to govern the processing and transfer of personal data among group entities.

The purpose of BCRs is to establish a consistent and comprehensive privacy framework across all participating companies within the group, regardless of where those companies are located.

Typically, BCRs address matters such as:

  • Data protection principles and governance;
  • Data subject rights;
  • Security measures and incident management;
  • Accountability and compliance monitoring;
  • Internal complaint handling procedures;
  • Employee training and awareness programs; and
  • Mechanisms for enforcing compliance throughout the corporate group.

Once certified by the PDPC, BCRs may serve as a recognized safeguard for intra-group cross-border transfers of personal data, including transfers to jurisdictions that have not been designated as providing adequate protection under Thai law.

Key Features of the New Regulation:

The regulation establishes a formal process through which multinational corporate groups may apply for PDPC certification of their BCRs.

The framework contemplates separate certification mechanisms for:

  • BCRs applicable to data controllers; and
  • BCRs applicable to data processors.

Applicants must demonstrate that their BCRs contain adequate protections for personal data and create binding obligations that are enforceable throughout the corporate group.

The PDPC is authorized to review submitted documentation, request additional information, conduct assessments, and determine whether certification should be granted.

Certification is not merely a documentary exercise. Organizations will need to demonstrate that their privacy governance framework is operational, effective, and capable of ensuring compliance across all participating entities.

Why This Matters for Multinational Businesses:

The new framework is particularly relevant for organizations that centralize operations across multiple jurisdictions and routinely transfer personal data among affiliated entities.

Examples include:

  • Regional shared-service centers managing human resources, finance, compliance, procurement, or customer support functions;
  • Global cloud infrastructure and centralized IT operations;
  • Technology companies operating multinational development and support teams;
  • Organizations using centralized customer relationship management systems;
  • Financial institutions operating regional processing hubs; and
  • Businesses conducting cross-border analytics and artificial intelligence development activities.

For these organizations, maintaining individual contractual safeguards between every transferring and receiving entity can be administratively burdensome and difficult to scale.

A certified BCR framework may provide a more efficient and sustainable governance model by establishing a single set of group-wide privacy standards applicable across multiple jurisdictions and business functions.

Preparing for BCR Certification:

Organizations considering BCR certification should evaluate whether their existing privacy compliance framework is sufficiently mature to satisfy regulatory scrutiny.

Key areas likely to require attention include:

Governance Structure

Organizations should establish clear privacy governance arrangements, including defined responsibilities, reporting lines, and oversight mechanisms across the corporate group.

Data Subject Rights Management

Procedures should be implemented to ensure that individuals can effectively exercise their rights under the PDPA, regardless of which group entity is processing their personal data.

Cross-Border Transfer Controls

Companies should maintain accurate records of international data flows and implement controls governing transfers among participating entities.

Security and Incident Response

Appropriate technical and organizational security measures should be documented and consistently applied throughout the corporate group.

Monitoring and Auditing

Organizations should implement mechanisms to monitor compliance, conduct internal audits, and address identified deficiencies.

Training and Awareness

Regular employee training programs should be established to ensure that personnel understand and comply with the requirements of the BCR framework.

Alignment with Global Compliance Programs:

Many multinational organizations have already adopted BCRs or similar governance frameworks to comply with privacy laws in other jurisdictions.

For these organizations, the new regulation may provide an opportunity to leverage existing privacy governance structures while extending their applicability to Thailand-related data transfers.

However, organizations should not assume that existing frameworks will automatically satisfy the PDPC’s certification requirements. A careful review of the regulation and supporting documentation will be necessary to identify any jurisdiction-specific requirements.

Looking Ahead:

The introduction of the BCR certification regime demonstrates the continued development of Thailand’s data protection framework and reflects the increasing importance of international data flows in modern business operations.

As organizations continue to centralize functions, deploy cloud-based technologies, and expand artificial intelligence initiatives, the ability to move personal data across borders in a compliant and efficient manner will become increasingly important.

The availability of certified BCRs provides multinational groups with an additional tool for managing these transfers while maintaining consistent privacy standards across their global operations.

Key Takeaways:

  • The PDPC’s Regulation on the Examination and Certification of Binding Corporate Rules became effective on 17 February 2026.
  • The framework introduces a formal mechanism for certifying BCRs as a safeguard for intra-group cross-border transfers of personal data.
  • Certified BCRs may provide multinational corporate groups with a more scalable alternative to maintaining multiple contractual transfer arrangements.
  • The regime is particularly relevant for regional shared-service centers, cloud operations, multinational technology companies, and organizations conducting AI development activities.
  • Businesses considering certification should assess whether their privacy governance, security, accountability, and compliance frameworks are sufficiently mature to meet the PDPC’s requirements.

Author: Panisa Suwanmatajarn, Managing Partner.

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National Semiconductor Policy Committee Signals New Opportunities and Legal Considerations for High-Tech Investment

The Thai Government has recently emphasized the establishment of a National Semiconductor Policy Committee as a key mechanism to advance the country’s semiconductor ecosystem. The initiative reflects a broader industrial strategy aimed at positioning the country as a regional hub for advanced manufacturing and digital infrastructure, while supporting growth in artificial intelligence (AI), data centers, automation, electric vehicles (EVs), medical devices, and advanced electronics.

While further policy details and implementing measures are expected to emerge, the announcement sends an important signal to investors, technology companies, manufacturers, and research institutions regarding the Government’s long-term commitment to the semiconductor sector.

Strategic Importance of the Semiconductor Initiative:

Semiconductors are foundational technologies that support virtually all modern industries, from consumer electronics and telecommunications to automotive systems, healthcare technologies, and AI applications. As geopolitical tensions and supply-chain disruptions have prompted many countries to diversify semiconductor production and sourcing, governments across Asia have intensified efforts to attract semiconductor-related investments.

The establishment of a dedicated policy committee suggests that the Government intends to coordinate national efforts across multiple ministries and agencies, including investment promotion, infrastructure development, workforce training, research and development (R&D), and international partnerships.

The policy direction is also consistent with broader economic objectives aimed at moving up the value chain and attracting investments in high-value, technology-intensive industries.

Potential Impact on Investment Promotion:

One of the most immediate implications may involve the expansion or refinement of investment promotion measures administered by the Board of Investment (BOI).

Companies engaged in semiconductor manufacturing, integrated circuit design, wafer fabrication, assembly and testing, advanced packaging, electronic component production, and supporting services may benefit from enhanced incentives as the Government seeks to accelerate industry development.

Potential areas of focus may include:

  • Corporate income tax exemptions and reductions;
  • Import duty exemptions for machinery and raw materials;
  • Incentives for R&D activities;
  • Incentives linked to workforce development and technology transfer;
  • Facilitation of foreign investment and skilled personnel mobility; and
  • Support measures for strategic supply-chain investments.

Investors considering semiconductor-related projects should monitor future BOI announcements and sector-specific incentive packages that may emerge from the Committee’s policy recommendations.

Foreign Investment Structuring Considerations:

The semiconductor industry frequently involves cross-border investment structures, multinational operations, and strategic collaborations among technology developers, manufacturers, and research institutions.

Foreign investors entering the sector should carefully evaluate:

  • Foreign ownership restrictions under applicable laws;
  • BOI-promoted structures and associated privileges;
  • Land ownership and industrial estate considerations;
  • Cross-border service and licensing arrangements;
  • Transfer pricing implications; and
  • Regulatory approvals applicable to strategic technologies and infrastructure projects.

As semiconductor investments often involve significant capital expenditure and long-term commitments, early legal and regulatory planning will be critical to maximizing available incentives and ensuring compliance.

Technology Transfer and Intellectual Property Issues:

Technology transfer is expected to be a central component of any national semiconductor strategy.

Foreign technology providers and local partners will need to carefully structure arrangements relating to:

  • Patent licensing;
  • Trade secret protection;
  • Know-how transfer;
  • Joint development projects;
  • Employee invention ownership;
  • Confidentiality obligations; and
  • Post-termination use of technology.

Given the highly sensitive nature of semiconductor manufacturing processes and design technologies, robust intellectual property protection mechanisms will be essential. Companies should review existing IP portfolios and ensure that contractual arrangements clearly allocate ownership rights, usage rights, and commercialization rights.

Particular attention should be paid to the treatment of improvements and derivative technologies developed through local operations or collaborative R&D projects.

Growing Importance of Research and Development Collaboration:

The Government’s emphasis on workforce development and innovation suggests increased collaboration among industry participants, universities, research institutions, and public agencies.

Such collaborations may create opportunities for:

  • Joint R&D projects;
  • Government-supported innovation programs;
  • Academic-industry partnerships;
  • Research grants and funding mechanisms; and
  • Talent development initiatives.

However, collaborative arrangements often raise complex issues concerning intellectual property ownership, publication rights, confidentiality obligations, commercialization rights, and dispute resolution mechanisms.

Clear contractual frameworks should therefore be established at the outset of any collaborative project.

Supply Chain Compliance and Due Diligence:

As semiconductor supply chains become increasingly globalized and subject to heightened scrutiny, companies participating in the sector may face expanded compliance obligations.

Areas requiring attention may include:

  • Supply-chain transparency;
  • Export control regulations;
  • Sanctions compliance;
  • Cybersecurity requirements;
  • Data governance obligations;
  • ESG and sustainability standards; and
  • Supplier due diligence processes.

Businesses supplying multinational semiconductor manufacturers may encounter contractual requirements relating to responsible sourcing, cybersecurity controls, and environmental compliance.

Companies seeking integration into global semiconductor supply chains should assess whether their existing compliance programs meet the expectations of international customers and regulators.

Linkages with AI, Data Centers, EVs, and Advanced Electronics:

The Government has expressly linked semiconductor policy to broader strategic sectors including AI, data centers, automation, EVs, medical devices, and advanced electronics.

This interconnected approach may create opportunities beyond traditional semiconductor manufacturing. Companies involved in AI infrastructure, cloud computing, digital services, robotics, automotive electronics, battery technologies, and medical technology may also benefit indirectly from policies designed to strengthen the semiconductor ecosystem.

The result could be a more integrated technology cluster that attracts both upstream and downstream investment activities.

Looking Ahead:

The establishment of the National Semiconductor Policy Committee represents a significant policy signal regarding the Government’s industrial priorities and ambition to strengthen participation in global technology value chains.

While detailed implementation measures remain to be developed, the initiative is likely to influence future investment promotion policies, R&D support programs, infrastructure planning, workforce development initiatives, and international technology partnerships.

Businesses considering investments in semiconductor-related activities should closely monitor forthcoming regulatory developments and assess how evolving policies may affect their investment structures, intellectual property strategies, technology transfer arrangements, and compliance frameworks.

Key Takeaways:

  • Collaboration among industry, universities, and research institutions is likely to increase, making clear contractual allocation of intellectual property rights essential.
  • The National Semiconductor Policy Committee signals a coordinated national strategy to develop the semiconductor ecosystem and strengthen participation in global supply chains.
  • Semiconductor policy is expected to support broader growth in AI, data centers, EVs, medical devices, automation, and advanced electronics.
  • New or enhanced BOI incentives may emerge for semiconductor manufacturing, design, R&D, and supporting activities.
  • Foreign investors should review investment structures, regulatory requirements, and available promotion mechanisms at an early stage.
  • Technology transfer, trade secret protection, patent licensing, and ownership of R&D outcomes will become increasingly important legal considerations.
  • Companies seeking participation in semiconductor supply chains should strengthen compliance programs covering export controls, cybersecurity, ESG requirements, and supply-chain due diligence.

Author: Panisa Suwanmatajarn, Managing Partner.

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Consumer Protection: Proposed Lemon Law Strengthens Remedies for Defective Goods

The Cabinet has approved a draft Act on liability for defective products, commonly referred to as a “Lemon Law,” and submitted it for further legislative consideration. If enacted, the legislation would significantly strengthen the rights of purchasers and introduce a more structured legal framework for addressing defective products.

The proposed law represents a major development in consumer protection by providing clear remedies for defective goods and reducing the evidentiary burden traditionally borne by purchasers. The legislation is expected to affect a broad range of industries, including automotive, electronics, household appliances, and retail sectors.

Current Legal Framework:

Under the Civil and Commercial Code, purchasers are entitled to remedies where goods suffer from defects that impair their value, fitness for ordinary use, or intended purpose. However, in practice, purchasers often face difficulties proving that a defect existed at the time of delivery, particularly where technical evidence is required to establish the cause and timing of the defect.

As a result, claims relating to defective products can become lengthy, costly, and uncertain. The proposed Lemon Law seeks to address these challenges by establishing a dedicated statutory framework governing liability for defective products and providing purchasers with clearer and more effective remedies.

Reversal of the Burden of Proof:

One of the most significant features of the draft legislation is the introduction of a legal presumption regarding product defects.

Under the proposed framework, if a defect is discovered within a prescribed statutory period, the defect will be presumed to have existed at the time the product was delivered. The purchaser will therefore not be required to prove that the defect originated before delivery.

Instead, the burden shifts to the seller to demonstrate that the defect resulted from factors occurring after delivery, such as misuse, improper maintenance, unauthorized modification, or other circumstances attributable to the purchaser.

This reversal of the burden of proof is expected to significantly strengthen the position of purchasers and may increase the exposure of sellers, distributors, and manufacturers in product defect disputes.

Enhanced Remedies for Purchasers:

The proposed legislation establishes a range of remedies designed to ensure that purchasers receive meaningful and timely relief.

Depending on the nature and severity of the defect, purchasers may be entitled to:

  • require repair of the defective product;
  • request replacement with a new product;
  • obtain a reduction of the purchase price; or
  • terminate the contract and receive a refund.

The availability of a particular remedy will depend on factors such as the seriousness of the defect, whether the defect can be effectively repaired, and the period required to remedy the problem.

The framework is intended to prevent situations in which purchasers are subjected to repeated unsuccessful repair attempts without obtaining a satisfactory resolution.

Significant Implications for the Automotive Industry:

The automotive sector is expected to be among the industries most affected by the proposed legislation.

Under the draft law, purchasers of new vehicles may be entitled to replacement vehicles or contract termination where defects materially affect safety and cannot be adequately remedied. The bill also contemplates specific protection periods and mileage thresholds during which statutory remedies may be exercised.

Manufacturers, importers, and authorized dealers may therefore face increased obligations relating to warranty administration, technical investigations, repair procedures, and replacement programs.

The proposed legislation is likely to prompt a comprehensive review of warranty terms, after-sales service arrangements, and customer complaint handling procedures throughout the automotive industry.

Application to Consumer Products:

The proposed law extends well beyond motor vehicles.

Its scope includes electronic devices, household appliances, and other consumer products commonly purchased in the marketplace. Where significant defects are identified shortly after purchase, consumers may be entitled to seek replacement products or terminate the transaction without first undergoing prolonged repair procedures.

This expanded protection is expected to increase pressure on manufacturers, importers, distributors, and retailers to maintain robust quality-control systems and effective after-sales support.

Businesses may also need to reassess inventory management practices to ensure the availability of replacement products where required by law.

Potential Impact on Commercial Transactions:

A noteworthy aspect of the proposed legislation is its potential application beyond traditional consumer transactions.

Based on the current draft, certain protections may extend to business purchasers. If retained in the final legislation, this approach could have implications for supply agreements, distribution arrangements, procurement contracts, and other commercial transactions involving the sale of goods.

Businesses may therefore need to review contractual provisions relating to warranties, limitations of liability, indemnities, and recourse rights to ensure that risks are appropriately allocated throughout the supply chain.

Considerations for Finance and Leasing Providers:

The proposed legislation may also affect financing and hire-purchase arrangements involving defective goods.

Where a purchaser exercises statutory rights to replace a product or terminate a transaction due to serious defects, questions may arise regarding outstanding financing obligations and the allocation of liability among sellers, manufacturers, and finance providers.

Financial institutions should closely monitor the progress of the legislation and assess whether revisions to financing documentation and risk-management procedures may become necessary.

Legislative Outlook:

Although the Cabinet has approved the draft legislation, it has not yet become law. The bill must proceed through the legislative process, including consideration and approval by the House of Representatives and the Senate, before being published in the Government Gazette and entering into force.

As with many significant pieces of commercial and consumer protection legislation, the draft may be amended during parliamentary deliberations. Key provisions relating to the scope of covered products, available remedies, allocation of liability among sellers and manufacturers, and the treatment of business-to-business transactions may be subject to further debate and revision.

Accordingly, while the bill reflects a clear policy direction toward enhanced consumer protection, businesses should recognize that the legislative process may be lengthy. Depending on legislative priorities and the extent of amendments proposed during parliamentary consideration, it could take many months or even several years before the legislation is enacted and becomes fully effective.

Preparing for the New Regime:

Although the final form of the legislation remains uncertain, businesses should begin evaluating the potential operational and contractual implications.

Practical preparatory measures may include:

  • reviewing warranty and return policies;
  • assessing quality-control and product testing procedures;
  • strengthening customer complaint management systems;
  • reviewing supplier and distribution agreements;
  • evaluating indemnity and risk-allocation provisions; and
  • developing internal procedures for handling replacement, refund, and repair claims.

Early preparation may help businesses reduce legal and operational risks once the legislation comes into force.

Key Takeaways:

  • Businesses should review warranty policies, contractual arrangements, quality-control procedures, and complaint handling mechanisms in anticipation of the proposed new legal framework.
  • The Cabinet has approved a draft Lemon Law that would significantly strengthen protections for purchasers of defective products.
  • The proposed legislation introduces a presumption that certain defects discovered within specified periods existed at the time of delivery, shifting the burden of proof to sellers.
  • Purchasers may be entitled to repair, replacement, price reduction, or contract termination depending on the circumstances.
  • The automotive industry is expected to be particularly affected, especially in relation to serious safety-related defects in new vehicles.
  • The legislation extends beyond vehicles and is expected to cover electronic devices, household appliances, and other consumer products.
  • The bill may also affect commercial transactions, financing arrangements, and supply-chain risk allocation if its current scope is retained.
  • The legislation remains at the draft stage and may undergo significant revisions before enactment. The legislative process could take many months or even several years before the law becomes effective.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand Launches THIM App to Streamline Arrivals for Foreign Travelers

Thailand’s Immigration Bureau is rolling out a new mobile application — THIM (Thailand Immigration Mobile Application) — that allows foreign nationals to register their arrival details prior to boarding their flight, with the aim of facilitating immigration procedures for entering and staying in Thailand.

Key Features

THIM offers a faster, more user-friendly alternative for travelers to submit arrival information. The registration process can typically be completed in under three minutes. The platform also supports group submissions, enabling information for up to 10 travelers to be entered and processed simultaneously — a feature that significantly reduces administrative burden for tour groups and families. Compared to the existing web-based system, which is often slower and less intuitive, THIM provides a considerably more convenient experience for inbound travelers.

What’s Next: THIM as a Super Application

Looking ahead, THIM is expected to evolve into a comprehensive “Super Application” serving all categories of foreign nationals in Thailand — including short-term visitors, long-term residents, and permanent residents. The platform will function as a one-stop service for immigration-related matters, enabling users to request official immigration documents, submit applications along with supporting materials, and communicate directly with immigration officers online. This digital-first approach is intended to reduce the need for in-person visits to Immigration Bureau offices.

Additional planned features include an appointment scheduling system to help minimize travel time and waiting periods, as well as an emergency assistance function that will allow registered users to contact the Tourist Police through the application around the clock, 24 hours a day, seven days a week.

Language Support

During the initial launch phase, THIM supports four languages: English, Russian, Japanese, and Chinese, reflecting Thailand’s largest inbound visitor demographics. Future updates are expected to extend language support to at least 15 additional languages to better accommodate travelers from a broader range of countries.

Availability and Current Status

THIM is currently available for download on both iOS and Android devices. At present, users can access the Thailand Digital Arrival Card (TDAC) registration system through the application. Additional features and services will be introduced in subsequent updates, with a full platform launch anticipated in August 2026.

Key Takeaways

THIM is available now on iOS and Android in a trial phase, with a full launch expected in August 2026.

Thailand’s Immigration Bureau is introducing THIM, a mobile application enabling foreign nationals to register arrival details before their flight.

Registration takes under three minutes, with support for group submissions of up to 10 travelers simultaneously.

Future plans include expanding THIM into a Super Application, incorporating document requests, visa applications, officer appointments, and 24/7 Tourist Police access.

The application currently supports four languages: English, Russian, Japanese, and Chinese.

Author: Panisa Suwanmatajarn, Managing Partner.

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Department of Intellectual Property Moves Toward AI-Enabled Examination and OECD-Aligned Governance Standards

Recent developments signal a significant shift in the modernization of intellectual property administration, with authorities introducing artificial intelligence (AI) – assisted examination tools, enhanced anti-corruption mechanisms, and governance reforms designed to improve transparency and efficiency. These initiatives reflect broader efforts to strengthen institutional integrity and align administrative practices with international standards associated with the Organization for Economic Co-operation and Development (OECD).

The measures are particularly relevant for businesses, innovators, and intellectual property rights holders, as they may influence the way trademark and patent applications are processed, how enforcement priorities evolve, and how emerging legal questions surrounding AI and intellectual property are addressed.

Governance and transparency reforms:

Transparency and accountability have become increasingly important considerations in public administration, particularly in areas where significant economic interests are involved. Intellectual property registration systems are especially vulnerable to concerns regarding administrative discretion because examination outcomes can have substantial commercial consequences.

To address these concerns, new initiatives have been introduced to strengthen anti-corruption safeguards and improve stakeholder confidence in the intellectual property system. These include increased engagement with private-sector stakeholders and the development of a dedicated Sandbox mechanism intended to serve as a centralized platform for receiving and monitoring complaints relating to alleged misconduct or corruption in administrative processes.

The proposed Sandbox framework appears intended not only to facilitate reporting but also to improve transparency in complaint handling and case monitoring. If implemented effectively, such a mechanism could provide greater visibility into administrative processes while helping identify systemic risks that may affect applicants and rights holders.

The reforms are consistent with international trends emphasizing integrity, accountability, and transparency within public institutions. They also reflect increasing recognition that the effectiveness of an intellectual property system depends not only on substantive legal protections but also on the credibility and predictability of administrative decision-making.

Expanding the use of AI in trademark examination:

One of the most notable developments is the growing use of AI technologies to support trademark examination functions. Authorities have introduced AI-powered image search capabilities that allow preliminary identification of potentially similar or conflicting trademarks before applications are filed.

For applicants, such tools may reduce the risk of filing marks that are likely to face objections based on similarity to existing registrations. Early identification of potential conflicts can help businesses refine branding strategies, reduce unnecessary filing costs, and improve the overall quality of applications submitted for examination.

From a regulatory perspective, AI-assisted searching may also contribute to greater consistency in examination outcomes. Similarity assessments often involve complex factual evaluations, and AI tools may help examiners identify relevant precedents and potentially conflicting marks more efficiently.

Nevertheless, AI-assisted examination does not alter the legal standards governing trademark registration. Questions concerning distinctiveness, likelihood of confusion, descriptiveness, and other statutory requirements remain subject to legal analysis and human review.

AI-assisted patent examination and prior-art searches:

Authorities have also expanded the use of AI technologies in patent examination processes. AI systems are being used to assist with prior-art searches and preliminary analysis of information obtained from international patent databases. These tools can support examiners in evaluating novelty and other patentability requirements by identifying potentially relevant references more efficiently than traditional search methods.

The introduction of AI-assisted patent examination reflects a broader global trend. Patent offices worldwide are increasingly exploring the use of machine learning and data analytics to manage growing application volumes, improve search capabilities, and reduce examination backlogs.

For applicants, improved search efficiency may ultimately contribute to more predictable examination outcomes and potentially shorter processing times. However, the quality of applications remains a critical factor. Authorities have identified deficiencies in patent drafting and claim preparation as continuing challenges, particularly among first-time applicants and smaller enterprises. Poorly drafted applications often require multiple rounds of amendment, increasing both costs and examination timelines.

As a result, businesses seeking patent protection should continue to prioritize high-quality patent drafting and strategic portfolio management despite the increasing availability of AI-assisted examination tools.

Reducing administrative discretion through digitalization:

The modernization effort extends beyond AI. Authorities have continued expanding digital service platforms, including electronic filing systems, online consultations, and electronic payment mechanisms. These initiatives are intended to reduce face-to-face interactions between applicants and officials while improving traceability throughout the application process.

Reducing direct interactions may help mitigate corruption risks and strengthen public confidence in administrative processes. Digital records also create auditable trails that can assist in internal oversight and compliance monitoring.

The increasing integration of digital technologies into intellectual property administration is consistent with broader government efforts to improve service delivery and enhance regulatory efficiency through digital transformation.

AI and copyright: maintaining a cautious approach

The relationship between AI and copyright remains one of the most closely watched issues in intellectual property law globally. While several jurisdictions are considering or implementing exceptions that permit text and data mining for AI training purposes, authorities have signaled a cautious approach that prioritizes the interests of creators and copyright owners.

Current copyright protection remains focused on works created by human authors. Authorities have also emphasized that the use of copyrighted materials for AI training should be subject to appropriate authorization and should strike a balance between technological innovation and the protection of creative industries.

Notably, there are currently no plans to introduce broad copyright exceptions specifically designed to facilitate AI training. This position contrasts with approaches under consideration in some other jurisdictions and suggests that rights holders may continue to enjoy relatively strong protections against unauthorized use of copyrighted materials in AI development.

For technology companies, AI developers, and businesses deploying generative AI systems, this means that copyright clearance strategies and licensing arrangements may remain important risk-management tools.

Growing enforcement challenges in the digital environment:

The rapid growth of online commerce has transformed the intellectual property enforcement landscape. Although overall infringement cases have reportedly declined, online infringement cases have increased dramatically, with authorities reporting a 286 percent increase in online-related violations.

This trend reflects the migration of counterfeit and infringing activities from physical marketplaces to digital platforms. In response, authorities have expanded cooperation with law enforcement agencies and major e-commerce platforms to facilitate enforcement actions against large-scale online infringers and improve mechanisms for removing infringing content and products.

Businesses should expect online enforcement to remain a significant regulatory priority. Rights holders may benefit from enhanced cooperation between government agencies and digital platforms, but they should also continue implementing proactive monitoring and enforcement strategies to identify and address online infringements promptly.

Looking ahead:

The combination of AI-assisted examination, digital transformation, governance reforms, and increased attention to online enforcement suggests that intellectual property administration is entering a new phase of modernization. While many of the announced initiatives remain at an early stage, they indicate a clear policy direction toward greater efficiency, transparency, and technological integration.

For businesses and rights holders, these developments may create opportunities for more predictable and streamlined administrative processes. At the same time, evolving approaches to AI, copyright, and digital enforcement will require continued monitoring as policymakers seek to balance innovation, economic competitiveness, and intellectual property protection.

Key Takeaways:

  • Businesses should expect continued digitalization of intellectual property services, including electronic filing, online consultations, and technology-assisted examination processes.
  • Authorities are expanding the use of AI-assisted tools in trademark and patent examination as part of broader efforts to modernize intellectual property administration.
  • AI is intended to support examination functions rather than replace human decision-making, with final determinations remaining subject to applicable legal requirements and expert review.
  • A proposed corruption-reporting Sandbox and related governance initiatives demonstrate increased emphasis on transparency, accountability, and OECD-aligned institutional standards.

Author: Panisa Suwanmatajarn, Managing Partner.

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Consumer and Platform Accountability: Increasing Scrutiny of Digital Intermediaries in Scam-Related Advertising

Recent litigation involving a major online platform in connection with alleged scam-related advertising has drawn renewed attention to the role of digital intermediaries in protecting consumers from online fraud. While the dispute itself remains subject to judicial determination, it highlights broader policy and regulatory questions regarding the responsibilities of digital platforms that facilitate advertising and online commercial activities.

Although Thailand has not yet adopted a comprehensive platform accountability framework specifically addressing scam-related advertisements, the issue aligns with wider regulatory efforts to combat technology-enabled fraud, strengthen consumer protection, and enhance trust in the digital economy. As online scams continue to generate substantial consumer losses, digital platforms may face increasing expectations from regulators, policymakers, and the public to take a more proactive role in preventing harm.

Existing Legal Framework:

Consumer Protection Law

The Consumer Protection Act B.E. 2522 (1979) serves as Thailand’s principal legislation governing unfair and misleading advertising practices. The Act prohibits advertisements that are false, exaggerated, misleading, or otherwise likely to cause consumer misunderstanding.

Traditionally, enforcement efforts have focused on advertisers themselves. However, as digital advertising ecosystems become increasingly complex, questions have emerged regarding whether platform operators that facilitate the dissemination of advertisements should assume greater responsibility for preventing fraudulent or deceptive content from reaching consumers.

While the Act does not currently establish explicit platform liability for scam-related advertisements, its consumer protection objectives may influence future regulatory approaches to digital platform governance.

Technology Crime Prevention Framework

Thailand has significantly expanded its legal framework for combating online fraud through the Emergency Decree on Measures for the Prevention and Suppression of Technology Crimes B.E. 2566 (2023), as amended.

The Emergency Decree reflects a broader policy shift toward preventive measures and imposes obligations on various stakeholders within the digital ecosystem to cooperate in addressing technology-related crimes. Although the current framework primarily focuses on financial institutions, telecommunications providers, and other relevant service providers, it demonstrates an increasing willingness by policymakers to require private-sector participants to implement measures aimed at reducing fraud risks.

This regulatory approach may provide insight into how future obligations for digital platforms could evolve.

Computer Crime Law

The Computer Crime Act B.E. 2550 (2007), as amended, establishes legal mechanisms for addressing unlawful online activities and removing illegal content from computer systems.

Although the Act was not specifically designed to regulate online advertising, it forms part of the broader legal framework governing intermediary conduct and online content management. The Act illustrates Thailand’s recognition that service providers play an important role in preventing and addressing harmful online activities.

As digital risks continue to evolve, policymakers may look to existing intermediary-related principles when considering future platform governance measures.

Emerging Platform Accountability Trends:

Recent developments suggest that regulators are increasingly focused not only on the perpetrators of online scams but also on the systems and mechanisms that enable fraudulent advertisements to reach consumers.

Several themes are likely to influence future policy discussions.

Enhanced Advertiser Verification

One potential area of reform involves stronger verification requirements for advertisers.

Regulators may increasingly expect platforms to implement robust due diligence procedures before allowing advertisements to be published, particularly in high-risk sectors such as financial services, investments, health products, and online commerce.

Possible measures may include:

  • Verification of advertiser identity;
  • Verification of business registration status;
  • Confirmation of regulatory licenses where applicable; and
  • Risk-based screening of advertising accounts.

Such requirements could reduce opportunities for anonymous or fraudulent actors to exploit digital advertising systems.

Proactive Monitoring and Detection

Another emerging trend involves the expectation that platforms implement systems capable of identifying potentially fraudulent activities before consumer harm occurs.

This may include:

  • Automated monitoring of advertising content;
  • Detection of suspicious advertising patterns;
  • Escalation procedures for high-risk advertisements; and
  • Internal fraud-prevention mechanisms supported by technology and human review.

Although such obligations may increase compliance costs, regulators may increasingly view proactive monitoring as a necessary component of responsible platform governance.

Notice-and-Takedown Mechanisms

Future regulatory initiatives may place greater emphasis on the speed and effectiveness of platform responses to scam-related content.

Platforms may be expected to maintain clear procedures for:

  • Receiving consumer complaints;
  • Reviewing reports of fraudulent advertisements;
  • Removing harmful content within reasonable timeframes; and
  • Preserving evidence for law enforcement and regulatory investigations.

Effective notice-and-takedown systems are increasingly regarded as a key safeguard in digital marketplaces.

Transparency and Accountability Measures

Policymakers may also consider imposing enhanced transparency requirements on digital platforms.

Potential measures could include:

  • Disclosure of advertiser information;
  • Publication of platform enforcement policies;
  • Transparency reporting regarding fraudulent advertisements; and
  • Cooperation and reporting obligations involving regulatory authorities.

Such measures seek to improve accountability while strengthening consumer confidence in online transactions.

Potential Regulatory Developments:

At present, Thailand has not enacted legislation imposing comprehensive liability on digital platforms for scam-related advertisements. Nevertheless, several factors suggest that further regulatory developments remain possible.

First, technology-enabled fraud continues to be a significant public policy concern. Second, regulators increasingly favor preventive approaches that require cooperation from private-sector participants. Third, digital platforms occupy a central role in the dissemination of commercial information and consumer engagement.

As a result, future initiatives could emerge through:

  • Amendments to consumer protection legislations;
  • Sector-specific digital platform regulations;
  • Additional anti-fraud compliance requirements;
  • Regulatory guidelines issued by relevant authorities; or
  • Multi-agency cooperation frameworks addressing online fraud.

Businesses operating digital platforms should therefore closely monitor regulatory developments and assess whether existing governance frameworks remain sufficient in light of evolving expectations.

Implications for Platform Operators:

Even in the absence of immediate legislative reform, platform operators may benefit from reviewing their existing compliance and risk-management practices.

Areas for consideration include:

  • Advertiser onboarding procedures;
  • Fraud detection and monitoring capabilities;
  • Internal complaint management systems;
  • Content moderation policies;
  • Record retention practices; and
  • Cooperation protocols with regulators and law enforcement authorities.

Organizations that adopt robust governance measures at an early stage may be better positioned to manage regulatory risk and maintain consumer trust as expectations continue to evolve.

Key Takeaways:

  • Recent litigation involving a major online platform has intensified discussion regarding the role of digital intermediaries in preventing scam-related advertising.
  • Thailand currently does not impose comprehensive statutory liability on digital platforms for fraudulent advertisements, but regulatory expectations are evolving.
  • Existing laws, including the Consumer Protection Act, the Emergency Decree on Measures for the Prevention and Suppression of Technology Crimes, and the Computer Crime Act, demonstrate increasing policy emphasis on consumer protection and fraud prevention.
  • Future regulatory initiatives may focus on advertiser verification, proactive monitoring, notice-and-takedown procedures, and transparency obligations.

Digital platform operators should proactively assess their governance and compliance frameworks in anticipation of increasing regulatory scrutiny and consumer protection expectations.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thai Customs Department to Launch Reformed Tariff e-Service Platform to Enhance Transparency and Reduce Corruption Risks

The Thai Customs Department (“CD”) is planning to modernize its tariff classification system through a restructured platform known as the “Tariff e-Service,” which is expected to launch in approximately August 2026. The reform is intended to address longstanding inefficiencies in import and export procedures, strengthen tariff classification services, and mitigate corruption risks. More broadly, it aims to improve transparency, streamline customs procedures, and provide businesses with greater certainty in tariff classification and regulatory compliance.

Background

The digitalization of customs tariff classification in Thailand began in November 2017 with the introduction of the original Tariff e-Service system. That platform comprised two principal services:

(1) a tariff classification ruling information service; and
(2) an electronic Advance Tariff Ruling service.

The system was designed to reduce import-related risks by enabling importers to identify applicable tariff classifications and duty rates prior to importation, and to request Harmonized System (HS) codes in advance through an online channel, thereby supporting more predictable cost planning.

However, following nearly a decade of operation and amid evolving global customs practices, the system has become increasingly outdated. Businesses have found certain functions unduly complex and difficult to navigate, contributing to procedural inefficiencies and inconsistencies in practice. In addition, the CD has long faced challenges relating to bribery, unlawful interference, redundant procedures, and limited transparency — conditions that have created opportunities for misconduct on the part of both government officials and private-sector participants.

To address these challenges, the CD is introducing a reformed Tariff e-Service platform designed to provide businesses and the public with more accessible tariff classification information. The platform will serve both as an electronic tariff classification tool and as a centralized database of rulings issued since the original system was launched. By making classification information more readily accessible and reducing reliance on manual processes, the new system is expected to improve consistency, transparency, and efficiency in customs administration.

Principal Features of the New Tariff e-Service

The new Tariff e-Service represents a shift toward a fully digital, standardized, and more transparent customs framework. Manual and discretion-based procedures will be replaced by a unified self-service platform through which businesses and members of the public can search tariff classifications and submit advance tariff ruling requests online by uploading product specifications, technical information, and images.

The platform will be integrated with Thailand’s National Single Window (NSW), consolidating access to trade-related information from multiple government agencies through a single interface. The integration covers tens of thousands of tariff lines, including approximately 9,400 product categories subject to permit requirements from 23 government agencies.

The platform will also serve as a centralized information resource, enabling users to identify tariff classifications, applicable tax rates, and import and export requirements more efficiently. Notably, access to advance tariff rulings — previously available only to registered business operators — will be extended to the general public. Rulings issued through the system will remain legally binding for up to three years, providing greater certainty for business planning and reducing reliance on case-by-case interpretations by individual customs officers.

Key enhancements introduced under the reformed platform include the following:

  • Electronic tariff classification rulings — Rulings and notifications will be issued electronically rather than by post. The prior requirement to register as an importer or exporter has been removed, enabling both the general public and new market entrants to submit requests more easily. The system provides real-time status tracking, allows customs officers to upload supporting documents directly to the platform, and enables rulings to be linked directly to import declaration forms.
  • Enhanced search functionality — Users will be able to search for tariff information using product characteristics and other identifying details without requiring specialized customs expertise. The platform consolidates information from multiple sources, including World Customs Organization (WCO) classification opinions, appeal decisions, and advance tariff rulings, while also displaying information on prohibited and restricted goods under applicable laws and notifications.

Implications for Thailand’s Customs Regulatory Framework

The introduction of the reformed Tariff e-Service represents a significant development in Thailand’s customs regulatory landscape, aimed at modernizing administrative procedures, improving operational efficiency, and strengthening transparency in customs administration.

By reducing reliance on physical documentation and manual processing, the system is expected to:

  • shorten processing times and improve service delivery;
  • facilitate the electronic issuance of tariff rulings; and
  • provide businesses with greater certainty in planning, cost estimation, and compliance management.

Users will be able to request tariff rulings directly through the platform by submitting product information — including descriptions and images — with rulings delivered electronically. This is expected to simplify access to official customs interpretations and reduce administrative delays.

From a governance perspective, the platform strengthens accountability by ensuring that all procedural steps are recorded and traceable, thereby reducing opportunities for misconduct. The adoption of technologies such as artificial intelligence (AI) and 3D X-ray scanning is expected to improve inspection accuracy, support risk-based targeting, and reduce reliance on randomized physical checks. Overall, the reform is expected to contribute to a more efficient, transparent, and reliable customs system that better supports trade facilitation and regulatory compliance in Thailand.

Key Takeaways for Importers, Exporters, and Regulatory Stakeholders

Businesses should benefit from greater certainty, improved access to customs information, and a more streamlined overall customs process.

The CD plans to launch the reformed Tariff e-Service in approximately August 2026, replacing the original 2017 platform with a modernized, fully digital tariff classification system.

The new platform is designed to be fully paperless and traceable, improving accountability and reducing corruption risks.

Integration with the National Single Window (NSW) will connect users to the requirements of multiple government agencies through a single interface.

Advance tariff rulings will be more accessible and will remain legally binding for up to three years, providing greater certainty for business planning and compliance.

Key enhancements include electronic rulings, real-time status tracking, document upload functionality, and direct linkage to import declaration forms.

The reform directly addresses longstanding challenges, including procedural complexity, inconsistent interpretations, administrative delays, and excessive reliance on officer discretion.

The adoption of AI and advanced inspection technologies is expected to improve inspection accuracy, enhance risk-based targeting, and reduce dependence on randomized physical checks.

Author: Panisa Suwanmatajarn, Managing Partner.

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USTR Section 301 Forced-Labor Determinations: Implications for Thailand

Introduction

The Office of the United States Trade Representative (USTR) has determined that 60 economies, including Thailand, have failed to impose and effectively enforce prohibitions on the importation of goods produced with forced labor. The USTR concluded that these failures are unreasonable and burden or restrict U.S. commerce, making them actionable under Section 301(b) of the Trade Act of 1974.

The determination signals a significant shift in U.S. trade policy and global supply-chain governance. The USTR has emphasized that the U.S. will no longer tolerate conditions that allow foreign producers to gain cost advantages through the use of forced labor, thereby placing American workers and businesses at a competitive disadvantage. Increasingly, access to the U.S. market is being linked to compliance with internationally recognized labor standards.

Forced-Labor Determinations

The USTR’s Section 301 investigations found that permitting goods made with forced labor to enter global supply chains undermines efforts to eradicate forced labor and creates artificial cost advantages for non-compliant producers. According to the USTR, such practices distort market conditions, reduce the profitability of businesses that comply with labor standards, and expose U.S. producers to unfair competition in both domestic and export markets.

The USTR also rejected arguments that domestic labor laws alone are sufficient to address the issue, noting that such laws typically regulate production within a country’s borders but may not prevent the importation of foreign goods produced with forced labor. Consistent with this position, Thailand was identified as one of the economies that failed to impose and effectively enforce a prohibition on imports produced with forced labor. The USTR concluded that this failure undermines global efforts to eliminate forced labor and provides unfair competitive advantages to producers that rely on such practices.

Proposed Additional Duties (Import Tariffs)

To address these concerns, the USTR has proposed imposing additional ad valorem duties on imports from the investigated economies. The proposed tariff structure consists of two fixed rates:

• Tier 1 – 10% Additional Duty Rate

Applicable to economies that have implemented a forced-labor import prohibition, committed to doing so through reciprocal trade agreements, or established a partial regime aimed at preventing the importation of forced-labor goods. Examples include Canada, the European Union, Mexico, Indonesia, Malaysia, Taiwan, and the United Kingdom.

• Tier 2 – 12.5% Additional Duty Rate

Applicable to economies that have neither imposed nor effectively enforced a comprehensive forced-labor import prohibition. Thailand falls within this category, alongside several major U.S. trading partners, including China, Japan, South Korea, Switzerland, and Singapore.

Limitation of Duties

To mitigate unintended economic consequences, the USTR has proposed a number of exclusions and limitations under Annex A of the Federal Register notice. These include:

• Articles and components already subject to Section 232 of the Trade Expansion Act of 1962 relative to tariffs on steel and aluminum, thereby avoiding duplicate tariff treatment;
• USMCA-compliant goods originating from Canada and Mexico;
• Textiles and apparel eligible for duty-free treatment under CAFTA-DR;
• Informational materials, charitable donations, and accompanied personal baggage;
• Raw materials for which alternative domestic or non-U.S. sources are not reasonably available;
• Products whose inclusion could cause significant economic disruption or that cannot be produced in sufficient quantities within, or sourced outside, the U.S.; and
• Products for which additional duties would not materially advance the objectives of the investigation.

Opportunities for Stakeholder Participation

As the proposed duties have not yet been finalized, affected businesses and industry groups may participate in the rulemaking process through several procedural mechanisms:

• Hearing Requests – Submission of requests to appear as witnesses at the public hearings, accompanied by summaries of proposed testimony;
• Written Comments – Submission of detailed comments supporting product-specific exclusions or modifications to Annex A of the Federal Register notice;
• Public Hearings – Participation in hearings conducted by the Section 301 Committee at the U.S. International Trade Commission in Washington, D.C.; and
• Post-Hearing Rebuttals – Submission of rebuttal comments responding to positions advanced by other stakeholders during the hearing process.

Key Takeaways

• The USTR has determined that 60 economies, including Thailand, failed to impose and effectively enforce prohibitions on imports produced with forced labor, and these findings are actionable under Section 301(b) of the Trade Act.

• The USTR has proposed a two-tier tariff framework consisting of a 10% additional duty for economies with existing or partial forced-labor import prohibitions and a 12.5% additional duty for all other investigated economies.

• Thailand falls within the proposed 12.5% tariff category, potentially placing Thai exports at a competitive disadvantage relative to exports from economies subject to the lower rate.

• Annex A proposes several exclusions, including products already covered by Section 232 of the Trade Expansion Act measures, USMCA-compliant goods, CAFTA-DR textiles and apparel, certain scarce raw materials, and non-commercial articles such as books, donations, and accompanied baggage.

• The proposed measures are not yet legally effective. Interested parties may participate in the public comment and hearing process before any final action is adopted.

• The USTR has also proposed a textile mechanism that could permit certain volumes of apparel and textile imports from qualifying economies to enter the United States at reduced tariff rates. It remains unclear whether Thailand will qualify for this mechanism.

• Exporters should anticipate heightened supply-chain due diligence requirements, increased scrutiny from U.S. buyers, and potential shifts in sourcing strategies as companies seek to mitigate tariff exposure.

• U.S. consumers may experience higher prices if additional import costs are passed through the supply chain.

• The final scope, exclusions, and tariff rates remain subject to revision following the completion of the public consultation and hearing process.

Author: Panisa Suwanmatajarn, Managing Partner.

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BOI: Incentive Reforms Target Aviation, AI and Sustainable Industries as Investment Applications Surge

Thailand’s Board of Investment (BOI) has continued to refine its investment promotion framework in 2026 through amendments to promoted activities and targeted incentive measures aimed at attracting high-value investment, strengthening industrial competitiveness and supporting the country’s transition towards a digital and sustainable economy.

The latest policy developments coincide with a substantial increase in investment activity. Investment promotion applications during the first quarter of 2026 exceeded THB 1 trillion, continuing the strong momentum seen in 2025 when applications reached a record level. The figures reflect increasing investor confidence in Thailand as a regional manufacturing, technology and innovation hub, particularly amid ongoing supply chain diversification and shifts in global production strategies.

Aviation and Air Transport Sector:

Among the recent initiatives, the BOI has expanded support for aviation and air transport-related activities as part of Thailand’s strategy to strengthen its position as a regional aviation and logistics hub. The revised promotion framework is expected to encourage investment in air transport services, aircraft maintenance, aviation support services and related infrastructure.

The measures complement broader efforts to improve transportation connectivity, facilitate cross-border trade and investment, and enhance Thailand’s competitiveness within the ASEAN region.

Smart and Sustainable Industries:

The BOI has also continued to enhance its policies supporting smart and sustainable industries, encouraging businesses to adopt advanced technologies, automation systems, energy-efficient machinery and environmentally sustainable production processes.

The policy direction reflects the government’s commitment to industrial upgrading, productivity enhancement and sustainability-driven growth. For investors, the reforms signal continued support for projects involving digital transformation, energy efficiency, carbon reduction and resource optimization. Such initiatives are increasingly aligned with the environmental, social and governance (ESG) expectations of global investors and multinational supply chains.

Digital and Artificial Intelligence Investments:

Digital technologies and artificial intelligence (AI) remain key priorities under Thailand’s investment promotion strategy. Recent investment trends indicate growing demand for projects involving data centers, cloud services, software development, AI applications and related digital infrastructure.

The continued emphasis on AI and digital transformation aligns with broader government objectives aimed at accelerating technological innovation, strengthening digital capabilities and attracting high-value industries. These developments further reinforce Thailand’s ambition to position itself as a regional technology and digital services hub.

Enhancements to the Long-Term Resident (LTR) Visa Program:

In parallel with investment promotion measures, the government has introduced adjustments to the Long-Term Resident (LTR) Visa program to facilitate the entry of foreign investors, executives and highly skilled professionals.

The revisions are intended to improve accessibility for qualified applicants and strengthen Thailand’s ability to attract global talent in strategic sectors. The combination of BOI incentives and LTR Visa benefits continues to form an important component of Thailand’s investment promotion strategy, particularly for multinational enterprises considering the establishment of regional headquarters, research and development centres or technology-focused operations in the country.

Continued Foreign Investment Momentum:

The strong investment figures recorded in early 2026 indicate that Thailand continues to benefit from global trends such as supply chain diversification, regionalization of manufacturing and increasing demand for digital infrastructure.

Investment activity has been concentrated in sectors including advanced electronics, AI-related businesses, digital infrastructure, clean energy, logistics and advanced manufacturing. The growth demonstrates continued investor confidence in Thailand’s investment ecosystem and the competitiveness of its incentive regime.

Key Takeaways:

  • The BOI continues to refine its investment promotion framework to attract high-value investments in strategic sectors, particularly aviation, digital technologies, artificial intelligence and sustainable industries.
  • Recent reforms demonstrate Thailand’s continued focus on industrial upgrading, technological innovation and environmentally sustainable growth.
  • Enhancements to the Long-Term Resident (LTR) Visa programme complement investment incentives by facilitating the attraction of foreign investors, executives and highly skilled professionals.
  • Record investment promotion applications in early 2026 indicate sustained investor confidence and Thailand’s growing role as a regional investment and manufacturing hub.

Businesses considering expansion into Thailand should review the availability of BOI incentives and assess how evolving promotion policies may support investment projects, regional headquarters, technology operations and sustainability initiatives.

Author: Panisa Suwanmatajarn, Managing Partner.

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Government Agencies Accelerate Work-from-Home Policies Through e-Office and Digital Government Initiatives

Introduction:

The public sector is continuing its digital transformation through expanded adoption of work-from-home (WFH) arrangements supported by electronic office systems and digital government infrastructure. In 2026, the government intensified these efforts as part of broader energy conservation measures while simultaneously advancing long-term public sector digitalization objectives.

Recent government directives signal a significant policy shift toward greater reliance on electronic document management, digital signatures, online collaboration tools, and cloud-based administrative platforms. Government agencies are therefore increasingly required to review and update internal regulations, operational procedures, and workforce management policies to support remote working arrangements without compromising public services, information security, or administrative accountability.

Cabinet Resolution Promoting Work-from-Home Arrangements:

On 10 March 2026, the Cabinet resolved that government agencies and state enterprises should immediately implement work-from-home measures for functions that do not directly involve public-facing services. The policy was introduced primarily as a response to energy concerns and rising fuel consumption, while also supporting broader governmental objectives relating to digital government development.

The Ministry of Digital Economy and Society (MDES) subsequently announced support for the policy through expanded utilization of the government’s e-Office platform and related digital systems. The initiative reflects the government’s continuing commitment to reducing paper-based administrative processes and promoting flexible work arrangements across the public sector.

e-Office as the Foundation for Remote Government Operations:

The e-Office platform serves as a centralized electronic office management system designed to enable government officials to perform their duties remotely while maintaining official administrative processes.

Core functionalities include:

  • Electronic document management (e-Document);
  • Digital workflow and document routing;
  • Electronic correspondence and records management;
  • Digital signature capabilities;
  • Online meeting and collaboration tools;
  • Task monitoring and reporting systems; and
  • Time attendance and work tracking functions through integrated Timesheet applications.

The system allows government personnel to access official documents, approve transactions, monitor workflow progress, and collaborate with colleagues from remote locations while preserving audit trails and administrative transparency.

According to government reports, more than 160 government agencies and local administrative organizations have already adopted the platform. Agencies may also utilize the Government Data Center and Cloud Service (GDCC) infrastructure to deploy e-Office solutions without incurring additional licensing costs.

Regulatory and Governance Considerations:

While technology enables remote work, successful implementation requires corresponding adjustments to internal regulations and administrative procedures.

Government agencies adopting WFH arrangements should review and update internal rules governing:

Performance Management and Supervision

Traditional attendance-based supervision may no longer be suitable in a remote work environment. Agencies should establish clear frameworks for:

  • Work assignment and delegation;
  • Deliverable-based performance measurement;
  • Reporting obligations;
  • Monitoring mechanisms; and
  • Accountability requirements for remote personnel.

The emphasis should shift from physical presence toward measurable outputs and documented performance indicators.

Working Hours and Attendance Controls

Although work may be performed remotely, agencies remain responsible for ensuring compliance with official working-hour requirements.

Appropriate measures may include:

  • Electronic attendance recording;
  • Timesheet systems;
  • Activity reporting requirements;
  • System log monitoring; and
  • Supervisor approval procedures.

Clear policies should be established regarding availability, response times, and communication expectations during official working hours.

Information Security and Data Protection

Remote access to government systems introduces cybersecurity and information security risks.

Agencies should establish policies addressing:

  • Secure remote access protocols;
  • Authentication requirements;
  • Use of government-issued devices;
  • Confidentiality obligations;
  • Storage and transmission of official information; and
  • Incident reporting procedures.

Particular attention should be given to sensitive government information and compliance with applicable cybersecurity and data governance requirements.

Continuity of Public Services

A fundamental principle of the government’s WFH policy is that public services must not be adversely affected.

Accordingly, agencies should identify:

  • Functions suitable for remote work;
  • Essential on-site operations;
  • Minimum staffing requirements;
  • Public service continuity plans; and
  • Escalation procedures for urgent matters.

Several agencies have adopted rotational work arrangements to balance operational efficiency with service delivery obligations.

Sector-Specific Implementation

Certain government sectors have already introduced tailored WFH frameworks.

For example, the Ministry of Public Health has implemented rotational remote-working arrangements designed to maintain uninterrupted healthcare services while reducing on-site staffing levels where operationally feasible.

Such approaches demonstrate that WFH implementation is not intended as a uniform solution across all agencies but rather as a flexible framework that must be adapted according to each organization’s operational requirements and public service responsibilities.

Implications for Government Agencies:

The 2026 policy initiative reflects a broader transition from temporary remote working measures toward institutionalized digital government operations.

Government agencies should therefore consider:

  • Updating internal regulations to formally recognize remote work arrangements;
  • Expanding deployment of e-Office and digital workflow systems;
  • Establishing objective performance evaluation frameworks;
  • Enhancing cybersecurity and data governance controls;
  • Developing clear WFH eligibility criteria; and
  • Ensuring uninterrupted public service delivery.

As digital government infrastructure continues to mature, WFH arrangements are likely to become a permanent component of public sector administration rather than merely an emergency or temporary measure.

Key Takeaways:

  • The Cabinet has directed government agencies and state enterprises to implement WFH arrangements for non-public-facing functions as part of energy conservation and digital transformation initiatives.
  • The government’s e-Office platform serves as a key technological enabler, providing electronic document management, digital signatures, workflow automation, online collaboration, and work tracking capabilities.
  • Agencies should revise internal regulations governing performance management, attendance monitoring, information security, and service continuity to accommodate remote work environments.
  • Cybersecurity, data protection, and accountability remain critical compliance considerations when implementing WFH policies.

The 2026 initiative represents a significant step toward long-term digital government operations and greater institutional adoption of flexible working arrangements within the public sector.

Author: Panisa Suwanmatajarn, Managing Partner.

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