Tag: Artificial Intelligence

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Ride-Sharing Platforms Face New Digital Governance Requirements

Thailand has completed another important step in regulating ride-sharing services by introducing additional obligations for digital platform operators under the Digital Platform Services (DPS) regime.

While the Department of Land Transport (DLT) regulates the transport aspects of ride-sharing—including the licensing of drivers, vehicles, and transport operators—the Electronic Transactions Commission (ETC), with the Electronic Transactions Development Agency (ETDA) serving as the regulator, has introduced additional operational requirements applicable specifically to ride-sharing platforms. These requirements are issued under the Royal Decree on Digital Platform Services Businesses Required to be Notified and are intended to strengthen platform governance, consumer protection, and regulatory oversight.

The new notification reflects the growing recognition that digital platforms are no longer merely technology providers but have become key participants in the delivery of transportation services.

Regulatory Background:

Until recently, Thailand’s regulation of ride-sharing focused primarily on transport law. Existing legislation governed the licensing of public vehicles and drivers, while digital platforms facilitating ride-sharing services were subject mainly to general laws relating to electronic transactions, consumer protection, and personal data protection.

As app-based transportation became increasingly popular, regulators recognized that platforms exercise substantial control over the passenger experience. Platforms determine which drivers are permitted to provide services, process payments, establish pricing mechanisms, collect user data, manage customer complaints, and may suspend or remove drivers from the platform.

Accordingly, Thailand has adopted a dual regulatory model.

The Department of Land Transport is responsible for transport regulation, including driver qualifications, vehicle registration, licensing requirements, and operational safety. Separately, the ETC and ETDA regulate the operation of ride-sharing platforms as digital platform services under the DPS Royal Decree. Rather than regulating the transportation service itself, the ETC notification focuses on the responsibilities of platform operators in operating their digital services responsibly and protecting users.

Why Ride-Sharing Platforms Are Subject to Additional Regulation:

The ETC considers ride-sharing platforms to present unique risks compared with many other digital platforms because they facilitate real-world services that directly affect users’ safety and involve continuous interaction between passengers and drivers.

Unlike a conventional online marketplace, ride-sharing platforms influence who may provide transportation services, verify drivers’ qualifications, allocate trips, process payments, and maintain records relating to every journey.

For these reasons, the notification establishes additional operational requirements specifically for ride-sharing platforms.

Enhanced Driver and Vehicle Verification:

One of the principal obligations is the requirement for platform operators to verify that drivers and vehicles satisfy applicable transport law requirements before allowing them to accept bookings.

Platforms are expected to establish systems capable of verifying that:

  • drivers possess the required public driving licences;
  • vehicles have been properly registered for public transport;
  • supporting documentation remains valid; and
  • drivers who no longer satisfy regulatory requirements are prevented from providing services through the platform.

This complements, rather than replaces, the DLT’s licensing framework by requiring platforms to actively support regulatory compliance.

Greater Transparency:

The notification also promotes greater transparency between platform operators and users.

Platforms are expected to provide users with clear and accessible information regarding matters such as:

  • applicable service terms and conditions;
  • pricing information and fees;
  • cancellation policies;
  • complaint procedures;
  • user rights and responsibilities; and
  • other information necessary for users to make informed decisions when using the service.

Greater transparency is intended to strengthen user confidence while reducing disputes arising from misunderstandings concerning platform operations.

Complaint Handling and User Protection:

Consumer protection is another central feature of the notification.

Platform operators are expected to establish accessible procedures allowing users to report complaints, safety incidents, inappropriate conduct, or other service-related concerns.

Operators should maintain procedures for:

  • receiving complaints;
  • investigating reported incidents;
  • communicating investigation outcomes;
  • providing appropriate remedies where justified; and
  • maintaining records of complaint resolution.

These requirements reinforce the principle that platform operators should actively manage user protection rather than relying solely on government enforcement.

Internal Governance and Regulatory Cooperation:

The notification also requires operators to implement appropriate internal governance measures.

Depending on the nature of the platform’s operations, these measures may include maintaining operational records, documenting compliance activities, monitoring platform risks, and cooperating with competent authorities when information is requested.

Such obligations support more effective regulatory supervision while encouraging platforms to adopt robust compliance management systems.

Relationship with Other Laws:

Compliance with the ETC notification does not eliminate obligations arising under other legal regimes.

Ride-sharing platform operators must continue to comply with:

  • transport regulations administered by the Department of Land Transport;
  • the Digital Platform Services Royal Decree and related notifications;
  • the Personal Data Protection Act;
  • consumer protection legislation; and
  • other applicable laws governing electronic transactions.

Businesses should therefore adopt an integrated compliance framework that addresses both transport regulation and digital platform governance.

Practical Implications:

The notification requires ride-sharing platforms to move beyond a purely commercial focus and adopt governance structures comparable to those expected of regulated digital intermediaries.

Operators should review whether their existing compliance programmes adequately address:

  • driver and vehicle verification;
  • platform transparency;
  • complaint handling procedures;
  • user protection measures;
  • internal governance policies;
  • document retention; and
  • coordination between transport compliance and digital platform compliance.

For international platform operators, many of these requirements may resemble governance obligations already implemented in other jurisdictions. Nevertheless, local compliance should be reviewed carefully because the Thai notification imposes specific obligations linked to Thailand’s transport regulatory framework.

Key Takeaways:

  • Thailand now regulates ride-sharing through complementary transport and digital platform regulatory regimes.
  • The Department of Land Transport oversees drivers, vehicles, and transport licensing, while the ETC/ETDA regulates the operation of ride-sharing platforms under the Digital Platform Services framework.
  • The new notification requires platforms to implement enhanced driver and vehicle verification, improve transparency, strengthen complaint handling, and maintain appropriate governance systems.
  • Platform operators should integrate transport compliance with digital platform compliance to satisfy Thailand’s evolving regulatory expectations.
  • The notification demonstrates Thailand’s broader policy of holding digital platforms directly accountable for the services they facilitate, rather than regulating only the underlying transport providers.

Author: Panisa Suwanmatajarn, Managing Partner.

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NBTC: Notification Regulating the Use of Foreign Internet Services

The Office of the National Broadcasting and Telecommunications Commission (NBTC) has issued an official notification concerning the use of internet services, with specific provisions addressing the utilization of foreign internet connections and related cross-border activities.

Background and Objectives:

The notification, titled NBTC Office Notification Re: Use of Internet Services, aims to strengthen oversight of internet usage in Thailand. It focuses on ensuring national security, preventing misuse of domestic infrastructure for foreign operations, and protecting consumers while promoting responsible digital practices.

This regulation aligns with Thailand’s broader efforts to combat cross-border cybercrime, data misuse, and unauthorized international connectivity that could bypass local licensing requirements.

Key Provisions:

The notification covers several critical areas related to internet service usage, particularly those involving foreign elements:

1.  Restrictions on Foreign Internet Routing — Prohibitions on using Thai-registered IP addresses or domestic networks to provide or facilitate internet services abroad without proper authorization.

2.  Cross-Border Service Controls — Regulations governing international data roaming, foreign satellite internet connections, and unauthorized use of overseas internet gateways that may impact national infrastructure.

3.  Consumer Protections — Guidelines for users on managing international roaming charges and recommendations to disable foreign data services when not needed to prevent unexpected costs.

4.  Prohibited Practices — Bans on leveraging Thai telecommunications networks for illegal foreign business operations, including those that could enable fraud, scams, or other cyber threats originating from outside Thailand.

5.  Compliance Requirements — Mandatory standards for internet service providers (ISPs) to monitor and prevent unauthorized foreign internet usage through their networks.

Implications for Stakeholders:

•  Consumers: Greater awareness and tools to control foreign data usage, reducing risks of bill shock from international roaming and enhancing privacy.

•  Service Providers: Must implement stricter controls on network usage to avoid facilitating foreign internet services illegally.

•  Businesses and Operators: Enhanced scrutiny on cross-border connectivity, particularly for companies involved in international telecommunications.

Key Takeaways:

•  The NBTC notification emphasizes responsible use of foreign internet services to safeguard Thailand’s digital sovereignty and national security.

•  Thai networks must not be misused to support unauthorized foreign internet operations.

•  Consumers are encouraged to manage international roaming settings proactively.

•  All stakeholders should review the full official document on the NBTC website to ensure full compliance with the updated regulations.

Author: Panisa Suwanmatajarn, Managing Partner.

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Ride Sharing: Guidelines for Platforms and Drivers Under New Strict Regulations

In a significant move to enhance passenger safety and formalize the ride-sharing industry, Thailand’s Ministry of Digital Economy and Society (DE), the Electronic Transactions Development Agency (ETDA), and the Department of Land Transport (DLT) have implemented comprehensive regulations for ride-sharing (Ride Sharing) platforms. The new framework, effective from March 31, 2026, shifts platforms from mere intermediaries to active overseers responsible for verifying drivers, vehicles, and service standards.

Background and Objectives:

The tightened regulations follow high-profile safety incidents involving ride-sharing services, particularly those affecting vulnerable users such as youth. Authorities aim to close regulatory loopholes, eliminate unregistered “ghost” drivers, and ensure all operations comply with public transport laws. The grace period for registration ended on March 31, 2026, after which full enforcement began.

The core announcement, issued by the Electronic Transactions Commission (ETC), outlines additional operational requirements for digital platform operators providing public passenger services (cars and motorcycles).

Key Requirements for Platforms:

Ride-sharing platforms (e.g., Grab, Bolt) must now fulfill enhanced responsibilities:

  • Strict Driver and Vehicle Verification: Platforms are required to verify that every driver and vehicle meets legal standards before accepting any booking. This includes real-time identity confirmation to prevent account sharing or impersonation.
  • Registration Mandates: Drivers must use vehicles properly registered as public transport — Ry.17 for motorcycles and Ry.18 for cars — with the DLT. Drivers must also hold a valid public driving license.
  • Ongoing Monitoring and Screening: Platforms must implement robust systems for background checks, continuous monitoring, and immediate suspension of non-compliant accounts.
  • Data Sharing and Transparency: Cooperate with authorities by sharing data on drivers, trips, and incidents. Platforms must also support the ETDA’s Driver Verify system to streamline registration.
  • Passenger Safety Measures: Enhanced features for identity verification (including digital ID integration) and emergency response protocols.

Failure to comply can result in severe penalties, including civil and criminal liabilities, service suspension, or complete revocation of operations under relevant laws such as the Computer Crime Act.

Requirements for Drivers:

Drivers (Riders) operating on these platforms must:

  • Register their vehicles as public transport (Ry.17/Ry.18) with the DLT.
  • Obtain and maintain a public driving license, which includes passing criminal background checks.
  • Complete verification through the ETDA’s Driver Verify system to facilitate registration and obtain certification.
  • Use only their own registered account for every trip — no account sharing or proxy driving is allowed.
  • Ensure vehicles meet safety and technical standards set by transport authorities.

As of early 2026, authorities reported around 19,000–28,000 properly registered vehicles/drivers, with efforts ongoing to bring more into compliance. Unregistered drivers face legal penalties under transport and digital platform laws.

Collaborative Enforcement:

The DE, ETDA, and DLT are working closely with cybercrime police (Police Cyber Crime Center) to monitor compliance. Platforms have been instructed to strengthen systems following recent incidents, including immediate account suspensions and cross-platform alerts to prevent problematic drivers from switching services.

Key Takeaways:

  • Full enforcement of Ride Sharing regulations began on March 31, 2026 — the grace period has ended.
  • Platforms are now legally accountable for proactive verification and safety, not just facilitation.
  • All drivers must use registered public vehicles (Ry.17/18) and hold public driving licenses.
  • Non-compliance risks account suspension, fines, or platform shutdown.
  • The goal is to create a safer, more trustworthy ride-sharing ecosystem that protects passengers while supporting legitimate drivers and businesses.

These measures represent Thailand’s commitment to balancing digital innovation with public safety in the sharing economy. Stakeholders are encouraged to consult official ETDA and DLT channels for the latest guidance and support programs.

Author: Panisa Suwanmatajarn, Managing Partner.

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Digital Advertising: Enhanced Regulations on False and Misleading Advertisements

Background of the Current Situation Regarding False Advertisements:

Thailand continues to face persistent challenges from deceptive online advertising, including fraudulent investment schemes, impersonation of legitimate businesses, promotion of counterfeit goods, misinformation, and inducements to participate in illegal activities such as gambling. These practices exploit the anonymity and reach of digital platforms, resulting in significant financial losses to consumers and erosion of trust in the online ecosystem.

In response, Thai authorities have introduced stricter measures. The most recent development is the Announcement of the Electronic Transactions Commission (ETC) on Measures to Prevent Technological Crimes for Social Media Service Providers (No. 2), published in the Government Gazette and enforced on 1 November 2026. This announcement strengthens obligations specifically targeting social media platforms to curb technology-enabled crimes through enhanced advertiser verification.

Previous Rules:

Prior to this latest announcement, advertising regulation relied on the Consumer Protection Act, sector-specific rules, and the earlier ETDA Guidelines for Managing Advertisements on Digital Platform Services (No. 3/2567), issued on 11 June 2024. Those guidelines focused on general digital platform services (DPS), encouraging identity verification, screening, and monitoring practices but operated primarily as practical guidance under the broader DPS framework.

Enforcement was often reactive, with limited mandatory real-time verification requirements for every advertisement on social media platforms. The new announcement builds upon and intensifies these earlier efforts by imposing more prescriptive obligations under the Royal Decree on Measures to Prevent and Suppress Technological Crimes (commonly known as the “Mule Account” Decree).

New Rules:

The new announcement requires social media service providers to implement mandatory identity verification for all advertisers before any advertisement is published. Key requirements include:

Identity Verification (Screening):

•  Verify the advertiser’s identity using one of the following methods:

       •  Examination of official government-issued identification documents and confirmation that the advertiser is the genuine owner of the documents.

       •  Utilization of a Digital ID system meeting the standards prescribed by the Electronic Transactions Commission.

•  Collection and retention of advertiser information for at least 90 days after the end of the advertising service. Required data includes:

       •  Name of the individual or juristic person and authorized representative.

       •  Identification documents (e.g., national ID card, passport, or corporate registration documents).

       •  Contact details (address and telephone number).

       •  Payment information, including details of any third-party making payments on behalf of the advertiser.

Platforms must apply these measures to every advertisement, significantly reducing anonymity in paid promotions.

Who Will Be Affected and What They Have to Do:

This announcement primarily affects operators of social media platforms that allow advertising.

Obligations for Affected Platform Operators:

•  Integrate robust identity verification processes into their advertising systems prior to publication.

•  Establish secure data storage systems compliant with the 90-day retention requirement.

•  Update internal policies, terms of service, and technical infrastructure to enforce these measures consistently.

•  Ensure readiness for regulatory audits and cooperation with authorities.

Advertisers will need to provide verified identification documents or use approved Digital ID systems each time they wish to run paid advertisements. Non-compliant advertisements are expected to be rejected or removed promptly.

Consumers will benefit from greater transparency and reduced exposure to fraudulent promotions, but are still advised to exercise caution and report suspicious content.

Key Takeaways:

•  This regulation represents a significant tightening of controls on social media advertising, moving from general guidelines to mandatory, pre-publication identity verification.

•  The focus on social media platforms addresses a key vector for online scams, complementing the broader DPS framework.

•  Compliance deadlines are firm and platforms must be fully prepared by 1 November 2026.

•  Failure to comply may result in penalties under the relevant technological crime prevention laws.

•  The measure underscores Thailand’s commitment to creating a safer digital advertising environment while maintaining platform accountability.

Author: Panisa Suwanmatajarn, Managing Partner.

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OCPB Issues New Guidelines on Fair Advertising and Use of AI-Generated Content

Background: What is Happening in Thailand Now:

Thailand has taken a significant step toward regulating the use of artificial intelligence in commercial advertising. The Office of the Consumer Protection Board (OCPB) has issued a formal notification under the Consumer Protection Act B.E. 2522 (1979) establishing specific guidelines for AI-generated advertising content.

The notification addresses emerging advertising practices where marketers increasingly use AI and image-editing software to create or enhance visuals—often to an idealized standard—to attract consumer interest or build credibility. The OCPB observed that such practices may cause consumers to misunderstand the essential characteristics, condition, quantity, or usage of products, which violates consumer rights and causes damage.

Key trigger for regulation: The OCPB determined that when advertisements use images, videos, or other visual materials that have been created, enhanced, or modified through AI or computer programs, consumers may be misled about the actual product they will receive. The notification is already in effect with no grace period.

Why the Regulator Needs to Regulate:

The OCPB identified several risks justifying regulatory intervention:

· Consumer deception: AI can create flawless, exaggerated depictions that mislead consumers about the true characteristics, quality, quantity, or composition of products.

· Unfair competition: Advertisers using deceptive AI enhancements gain an unfair advantage over those that accurately portray their products.

· Vulnerable group protection: Children and adolescents are especially susceptible to unrealistic AI-generated images, which may encourage unsafe behavior—particularly for non-edible products resembling food items.

· Lack of transparency: Without mandatory disclosure, consumers cannot distinguish between real and AI-generated content, eroding trust in advertising.

The notification was issued under the Consumer Protection Act B.E. 2522 (1979), which has long prohibited advertising that is unfair to consumers or may cause harm to society, including false or exaggerated statements that may cause material misunderstanding about products or services.

What the Regulation Is:

The OCPB notification applies to advertisements using still images or videos created or edited with software programs or AI tools that may cause the depicted product or service to differ from the actual product sold, which may cause misunderstanding regarding condition, quality, quantity, or other essential aspects.

Three Key Requirements:

A. Prior Authorization

Obtain approval from relevant regulatory authorities where required by law. This applies where existing laws already mandate pre-approval for certain advertising categories (e.g., health products, financial services).

B. Accurate Representation

Ensure that the advertised size, quantity, volume, number, or composition matches the actual product or service being sold, whether in still images or videos.

C. Mandatory AI Disclosure Labels

Display clear disclosures when AI or software is used to create or edit images. The OCPB has specified approved wording for these labels :

Approved Disclosure Label When to Use

“Real image or simulation edited using AI” Content showing real product/location with AI editing

“Photo from actual location or simulation edited using AI” Location-based content

“Photo from actual product or edited simulation” Product-focused content with AI enhancement

“Image created by AI” Fully AI-generated images

“Video created by AI” Fully AI-generated videos

Disclosure clarity requirement: Disclosures must be clearly visible, audible, or readable according to the type of advertising medium. A label buried in fine print or shown for only a fraction of a second does not meet this standard.

Separate Rule – Non-Edible Products Resembling Food Items

For non-edible products advertised in a manner that may cause them to resemble food items, businesses must additionally:

· Obtain prior authorization from the relevant regulatory authority when required by law

· Include clear, prominent Thai-language disclaimers that are easily visible, audible, or legible

· Exercise particular caution for communications targeting vulnerable groups (children, adolescents), avoiding portrayals that could encourage imitation, ingestion, or unsafe behavior

What Businesses Need to Do Now:

The notification is already in force. Businesses operating in Thailand must take immediate action :

Step 1: Audit Current Advertising Content

Review all active campaigns and identify any materials that use AI-generated or AI-edited images or videos. Determine which disclosure label applies to each piece of content.

Step 2: Verify Accuracy of Depictions

Ensure that every visual depiction of size, quantity, volume, composition, or characteristics matches the actual product. If discrepancies exist, correct the content or add appropriate disclosures.

Step 3: Add Mandatory Disclosures

For all AI-generated or AI-edited visual content, add one of the OCPB’s approved disclosure labels in a clearly visible position. The label must be readable on screen or in print, and audible if the medium is audio/video.

Step 4: Update Internal Workflows

Make AI disclosure a mandatory step in the creative approval process. Every piece of advertising content that uses AI should be reviewed for compliance before publication.

Step 5: Review Contracts with Agencies and Suppliers

If working with external marketing agencies, graphic designers, or content creators, ensure contracts require them to flag AI-generated content and apply appropriate disclosures. Establish clear compliance responsibility.

Step 6: Train Marketing Teams

Educate all personnel involved in creating or approving advertising materials on what counts as AI-generated or AI-edited content and what disclosures are required.

Step 7: Establish Ongoing Monitoring

Thailand’s AI regulatory landscape is evolving rapidly. Monitor updates from the OCPB and other relevant bodies—including the Ministry of Digital Economy and Society (MDES)—for new guidance.

Key Takeaways:

· Thailand’s OCPB notification on AI-generated advertising content is already in effect under the Consumer Protection Act B.E. 2522 (1979).

· Mandatory disclosure labels with specific approved wording must appear on all AI-generated or AI-edited advertising images and videos.

· Accuracy requirement: Depictions of size, quantity, volume, composition, and characteristics must match the actual product.

· Prior authorization remains required for advertising categories already subject to pre-approval (health products, financial services, etc.).

· Separate rules apply to non-edible products resembling food items, requiring Thai-language disclaimers and special care for vulnerable groups.

· Businesses should immediately audit, correct, disclose, and train to ensure compliance and avoid enforcement risks including fines and removal orders .

· Thailand’s broader AI regulatory framework is still developing—companies should treat this as the beginning of an ongoing compliance journey .

Author: Panisa Suwanmatajarn, Managing Partner.

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Digital Economy: Government Approves Comprehensive Three-Year Data Strategy and Advances AI and Smart City Initiatives

On August 21, 2025, the National Digital Economy and Society Committee convened to approve a series of transformative resolutions aimed at bolstering digital infrastructure, artificial intelligence (AI) development, and smart city initiatives. These decisions underscore the government’s commitment to fostering economic growth, enhancing national competitiveness, and ensuring a sustainable digital future for all citizens.

National Data Strategy:

The committee approved a three-year National Data Policy and Strategy, designed to provide a robust framework for digital transformation. The strategy focuses on four key pillars:

  • Data Infrastructure: Developing a resilient foundation for managing large-scale datasets to support digital innovation.
  • Data Governance: Establishing clear standards to enhance trust and efficiency in digital services.
  • Data Utilization: Promoting secure and widespread use of data across public and private sectors.
  • Digital Workforce: Cultivating a skilled workforce to meet the demands of the digital economy.

National Artificial Intelligence Committee:

A National AI Committee was established to oversee the implementation of the country’s AI action plan. The committee’s objectives include:

  • Advancing local talent and technological innovation in AI.
  • Leveraging AI to drive economic competitiveness.
  • Utilizing AI to address social and environmental challenges, thereby improving the quality of life.

Smart City Development:

The committee extended Smart City certifications for 16 existing projects and granted a new Smart Area certification to the Phuket Tinicon Valley Project, increasing the total number of certified smart cities to 37 across 25 provinces. Notable projects include Mae Moh Smart Living City (Lampang), Khlong Phadung Krung Kasem (Bangkok), Yala Smart City for Civic Engagement, and Samyan Smart City (Bangkok), each achieving over 80% progress. Since 2021, private sector investment in smart city development has surpassed 30.9 billion baht, driven by tax incentives and public procurement privileges. These initiatives integrate advanced technologies, such as intelligent transportation systems and clean energy management, to enhance urban living standards.

man standing on stairs

Public Internet Network Expansion:

The committee endorsed the management of the National Broadband Network, “Net Pracharat,” under an Open Access Network model. This initiative aims to ensure equitable and universal internet access, particularly in underserved areas. The Office of the National Digital Economy and Society Commission will lead the implementation, focusing on:

  • Economic Empowerment: Enabling citizens in remote areas to access online markets, thereby increasing income opportunities through activities such as selling agricultural products and handicrafts.
  • Cost Reduction: Lowering internet service costs by expanding access through government-supported infrastructure and making digital services more affordable.

Economic and Social Impacts:

The approved initiatives are poised to deliver significant economic and social benefits. The public internet network will bridge the digital divide, fostering economic inclusion and reducing connectivity costs. Smart city developments will enhance urban management, attract private investment, and improve residents’ quality of life through sustainable and innovative solutions.

Key Takeaways:

  • These initiatives reflect a commitment to building a competitive, inclusive, and sustainable digital economy.
  • The three-year National Data Strategy emphasizes data infrastructure, governance, utilization, and workforce development to drive digital transformation.
  • The establishment of a National AI Committee will advance AI innovation, economic growth, and solutions for social and environmental challenges.
  • Smart city certifications have been extended to 16 projects, with a new certification for the Phuket Tinicon Valley Project, contributing to 37 smart cities across 25 provinces.
  • The Open Access Network model for “Net Pracharat” will enhance internet accessibility, reduce costs, and create economic opportunities for citizens.

Author: Panisa Suwanmatajarn, Managing Partner.

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EU AI Act: Implications for Thailand and its Influence on Thai AI Legal Instruments

The European Union’s pioneering approach to regulating Artificial Intelligence (AI) has set a new global standard, with implications reaching far beyond its borders. On 21 May 2024, the European Council formally adopted the EU AI Act, scheduled for full enforcement by 2 August 2026. This landmark legislation aims to mitigate potential harm from AI usage while fostering innovation.

The EU AI Act employs a risk-based approach, categorizing AI systems into four levels:

  1. Unacceptable Risk: Prohibited AI systems that pose threats to human rights, such as social scoring systems and real-time face recognition systems.
  2. High-Risk: AI systems are required to meet specific requirements and undergo conformity assessments, including biometric identification and critical infrastructure systems.
  3. Limited-Risk: AI systems that must fulfill obligations before market entry, such as deepfakes and chatbots.
  4. Minimal-Risk: AI systems that must adhere to a code of conduct, including speech recognition and spam filtering systems.

The EU AI Act also introduces AI Regulatory Sandboxes, monitored by National Competent Authorities, to ensure compliance before market deployment.

Impact on Thailand

While Thailand is not an EU member, the EU AI Act’s influence extends globally, presenting both challenges and opportunities:

  1. Legal Framework Development: The Act provides a blueprint for Thailand to develop robust AI laws and regulations.
  2. Business Performance Enhancement: Thai AI-related businesses may need to elevate their standards to operate in the EU market, indirectly improving the domestic AI industry.
  3. Access to Advanced AI Systems: Thailand may benefit from the influx of high-standard AI systems developed under EU regulations.
elderly man thinking while looking at a chessboard

Thai AI Legal Instruments in Development

Influenced by the EU AI Act, Thailand is currently drafting three main legal instruments:

  1. The Draft Act on the Promotion and Support of AI Innovations in Thailand: This act establishes general rules, requirements, and authorities for AI control. While influenced by the EU AI Act, it relies more on subordinate laws for specific requirements. Uniquely, it includes provisions for reimbursing damage caused by AI use when no responsible party can be identified.
  2. The Draft Royal Decree on Business Operations that Use Artificial Intelligent Systems: This decree adopts the EU’s risk-based approach and requirements for High-Risk AI. However, it defers detailed explanations to sub-regulations. It also includes administrative and criminal penalties for non-compliance.
  3. The Draft Notification of Electronic Transactions Development Agency Re: AI Sandbox: This notification focuses on AI Sandboxes, crucial for pre-market implementation testing. Unlike the EU’s mandatory approach, Thailand’s AI Sandbox is voluntary.

Key Differences and Adaptations

While heavily influenced by the EU AI Act, Thailand’s approach shows some notable differences:

  1. Regulatory Depth: Thai drafts often defer detailed requirements to subordinate laws, whereas the EU AI Act provides comprehensive explanations within the main legislation.
  2. Enforcement Approach: Thailand includes specific provisions for penalties and damage reimbursement, which are not as explicitly outlined in the EU AI Act.
  3. Sandbox Implementation: Thailand opts for a voluntary AI Sandbox approach, contrasting with the EU’s mandatory system.

Conclusion

The EU AI Act marks a significant milestone in AI regulation, influencing global approaches including Thailand. While Thailand is not obligated to follow EU standards, the similarities in their developing legal instruments highlight the EU AI Act’s far-reaching impact. As Thailand continues to refine its AI legal framework, it balances adopting international best practices with tailoring regulations to its specific needs and context.

As the global AI landscape evolves, Thailand’s proactive approach in developing comprehensive AI regulations is to navigate the challenges and opportunities presented by this transformative technology.

black and white photo of a transparent mannequin

Key Takeaways

  • EU has passed the first AI Act which will be fully enforced by 2 August 2026.
  • The EU AI Act uses risk-based approaches to prevent the possible harm to human.
  • The EU AI Act does affect Thailand in the field of commercialization and legalization.
  • Thailand does not have the burden to follow EU AI Act. However, Thailand heavily influenced by EU AI Act in the process of drafting.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s New EEC Visa: Fostering Foreign Investment and Expertise.

As part of its strategic efforts to propel economic development and position itself as a regional hub for cutting-edge industries, Thailand has introduced the Eastern Economic Corridor (EEC) Visa program. This initiative represents a pivotal step towards attracting foreign talent and investment crucial for realizing the nation’s ambitious vision.

The EEC Visa scheme, approved by the Cabinet, is a central component of Thailand’s broader strategy to develop the EEC provinces of Rayong, Chonburi, and Chachoengsao into a thriving hub for next-generation industries, including automotive, robotics, aviation, and digital technologies. By offering a streamlined process and attractive privileges, the program aims to facilitate the entry and long-term stay of overseas professionals and investors in these targeted sectors.

Working visas in Thailand are categorized into multiple types, but the Non-Immigration Visa type B (“Non-B visa”) remains a popular choice for foreigners, allowing them to stay and work in the country for up to one year with a work permit. Moreover, for foreigners seeking to work or invest in Thailand’s targeted industries, there are various visa options designed to meet their specific needs, each offering unique benefits and privileges. These include the SMART Visa, which offers a maximum stay of 4 years and work permit exemption, with an annual notification requirement rather than the standard 90-day reporting at the Immigration Bureau. Additionally, the Long-Term Resident (LTR) Visa, tailored for highly-skilled professionals, grants visa holders up to 10 years of renewable residency, permission to work with a digital work permit, a 17% flat personal income tax rate, and the ability to bring up to four dependents.

brown trees under white and blue cloudy sky

Recently, the Cabinet acknowledged the introduction of the Eastern Economic Corridor (EEC) Visa, issued by the EEC committee. Currently under consideration for launch, the EEC Visa aims to provide benefits and privileges for foreigners working in targeted industries within the EEC Zone, encompassing Rayong, Chonburi, and Chachoengsao provinces. Designed for foreign investors, business owners, CEOs, and skilled laborers, the EEC Visa is poised to play a crucial role in driving investment and talent acquisition in these strategic sectors.

Under the EEC Visa program, four distinct categories of foreign nationals are eligible to apply: Specialists, Executives, Professionals, and their dependents. Successful applicants across these categories will be granted a range of benefits designed to incentivize their contribution to Thailand’s economic transformation.

Author: Panisa Suwanmatajarn, Managing Partner.

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Non-Immigrant ‘O’ Visa: A Versatile Option for Extended Stays in Thailand.

For foreigners looking to remain in Thailand beyond the standard 90-day tourist visa period, the Non-Immigrant Visa category ‘O’ presents a valuable and flexible solution. Catering to a range of purposes from retirement to marriage and familial ties, this visa type is one of the most commonly sought-after options among expatriates.

Whether applying at a Royal Thai Embassy or Consulate abroad or extending an existing stay through Thailand’s Immigration Bureau, the Non-Immigrant ‘O’ visa streamlines the process for those wishing to make Thailand their temporary home for an extended period.

This visa category encompasses several subcategories, each tailored to meet the specific needs of foreign nationals in various circumstances. Here’s a closer look at some of the key types:

man in pipe beside woman wearing black frame eyeglasses during day time

Marriage Visas: Foreign spouses of Thai citizens can obtain a Non-Immigrant ‘O’ visa to accompany their partners and live, or even work, in Thailand. Applicants must demonstrate a minimum monthly income of 40,000 Thai Baht (THB) or maintain a Thai bank deposit of at least 400,000 THB. Importantly, this visa also allows holders to apply for a work permit.

Retirement Visas: Thailand’s tropical climate, rich culture, and affordable cost of living have made it an increasingly popular retirement destination. The retirement subcategory of the Non-Immigrant ‘O’ visa caters to this demographic, requiring applicants to be at least 50 years old and either hold a monthly pension income of 65,000 THB or maintain a Thai bank deposit of 800,000 THB or more. However, this visa does not permit employment in Thailand.

Thai Child Guardianship Visas: For foreign nationals serving as legal guardians to Thai children under 20, the Non-Immigrant ‘O’ visa offers a path to an extended stay. Applicants must provide proof of guardianship, a monthly income of at least 40,000 THB, or a Thai bank deposit of 400,000 THB or more.

photo of couple standing on wooden planks

Beyond these common subcategories, the Non-Immigrant ‘O’ visa can also accommodate volunteers, dependents of Thai residents or workers, and various other qualified circumstances as determined by Thailand’s Immigration Bureau.

With its versatility and potential for long-term residency, this visa has become an indispensable tool for those seeking to forge deeper ties with the Kingdom of Thailand. As foreign interest in Thailand continues to grow, the Non-Immigrant ‘O’ visa is likely to remain a popular and sought-after option.

Author: Panisa Suwanmatajarn, Managing Partner.

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