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Thailand Tightens Registration Requirements for Partnerships and Limited Companies with Foreign Participation

Nominees: A Threat to Thailand’s Economy

Nominee arrangements — in which Thai nationals hold shares or capital contributions on behalf of foreign investors — have remained a longstanding compliance concern under the Foreign Business Act B.E. 2542 (1999) (the “FBA”). The Department of Business Development (the “DBD”) has now shifted a significant part of that scrutiny to the registration stage itself.

The use of nominees is a major national concern that undermines Thailand’s economic and business security by distorting market competition, reducing tax revenue, and eroding investor confidence. Foreign operators who rely on nominees unfairly bypass statutory business restrictions, undercutting law-abiding foreign investors and overwhelming Thai small and medium-sized enterprises (SMEs) that cannot compete against superior capital and resources — ultimately contributing to job losses and business closures. Nominee structures also facilitate tax evasion, money laundering, and other illicit financial activity, which compromises state revenue collection and damages Thailand’s international reputation by exposing gaps in regulatory and legal enforcement.

For these reasons, the rigorous inspection of, and crackdown on, nominee arrangements is a critical measure to protect the country’s economic interests, ensure fair competition, and safeguard the long-term stability of the Thai economy.

Background

Initial screening at the company incorporation stage previously offered partial protection against nominee risk by verifying Thai investment capital. However, bad actors circumvented these controls through subsequent corporate amendments — transferring shares or directorships to foreign nationals only after the company had already secured initial approval.

Legal Basis

To close this loophole, the DBD issued the “Central Partnership and Company Registrar Order No. 2/2569, Prescribing the Criteria and Supporting Documents for Applications for the Registration of the Incorporation and Amendment of Partnerships and Limited Companies Where Foreign Nationals Participate in the Investment or Hold Signing Authority in Partnerships and Limited Companies” (the “Order”). The Order took effect on 1 August 2026.

The Order extends DBD oversight across the full business lifecycle — from incorporation through post-registration amendments — to prevent unauthorized structural changes, while imposing stricter documentation requirements on all relevant registration applications.

It consolidates existing requirements by repealing two earlier orders:

  1. Order No. 2/2568, dated 1 December 2025 (B.E. 2568), concerning the registration of incorporation involving foreign investment, foreign directors, or foreign authorized signatories in a legal entity; and
  2. Order No. 1/2569, dated 16 March 2026 (B.E. 2569), concerning amendment registrations admitting foreign nationals as partners or as authorized signatory directors.

According to its preamble, the Order is intended to enhance the credibility of the commercial register, to prevent the concealment or disguise of funds derived from unlawful conduct through nominee arrangements, and to deter Thai nationals from providing assistance or support to, or jointly operating a business with, foreign nationals in the nature of a nominee.

New Legal Requirements

1. Registration of Incorporation

The additional documentary requirements apply to an application for the registration of incorporation in either of the following cases:

  • a partnership or limited company in which a foreign partner or shareholder contributes, or holds, less than 50% of the capital contribution or registered capital; or
  • a limited company with no foreign shareholder, where a foreign national serves as a director authorized to sign — whether solely or jointly — so as to bind the company.

Supporting documents required at incorporation

Applicants falling within the above categories must submit a Letter of Clarification on Investment, in the form annexed to the Order, together with the following bank statements:

  • a statement of the account from which each Thai partner or shareholder made payment, covering the three months prior to the date of payment and evidencing a withdrawal or transfer consistent with the amount and date of payment;
  • a statement of the account of the managing partner or director who received the funds, evidencing receipts consistent with the amount and date of payment from each partner and shareholder; and
  • where the receiving account is also the account relied upon to evidence payment under the first item above, an additional statement covering the three months prior to the date of receipt.

The third requirement addresses situations in which the managing partner or director settles their own contribution from funds already held in the receiving account, rather than by a traceable transfer. In such cases, the source of those funds must be explained separately in the Letter of Clarification.

2. Amendment Registrations Involving Foreign Nationals

A Letter of Confirmation of Investment, also in the form annexed to the Order, must be submitted with an application to register an amendment admitting a foreign national as a partner, or appointing a foreign national as an authorized signatory director, in either of the following cases:

  • a partnership in which all partners were previously Thai nationals, or in which foreign partners held 50% or more of the capital contribution, where the amendment results in foreign partners holding less than 50% and no foreign national serving as managing partner; or
  • a limited company in which all directors authorized to bind the company were previously Thai nationals, where an amendment to the directors — or to the number or names of the directors signing to bind the company — results in a foreign national holding sole or joint signing authority.

3. Additional Requirements for Recently Incorporated Entities

Where a partnership or limited company incorporated on or after 1 August 2026 submits an amendment application of the type described above within one year of its registration as a juristic person, it must additionally submit the amendment version of the Letter of Clarification on Investment, together with a bank statement evidencing that the entity — or the managing partner or director on its behalf — received the full amount of the capital contributions or share payments called up at incorporation.

This requirement addresses the sequencing of transactions whereby an entity is incorporated with Thai partners or directors and a foreign national is introduced shortly thereafter.

Legal Significance

The Order does not introduce a new prohibition; nominee arrangements already constitute an offence under Section 36 of the FBA. Its significance instead lies in shifting the evidentiary burden to the point of registration, and in the personal declaration now required of the signatory.

Under the Letter of Confirmation of Investment, the managing partner or authorized director confirms that all partners have genuinely made and paid their capital contributions, that all shareholders have genuinely paid for their shares, and that no Thai national has provided assistance or support to, or jointly operated a business with, a foreign national in the nature of a nominee. The signatory further acknowledges the following penalties:

  • Section 36 of the FBA: imprisonment not exceeding 3 years, a fine of THB 100,000 to 1,000,000, or both;
  • Section 137 of the Criminal Code (false statements to an official): imprisonment not exceeding 6 months, a fine not exceeding THB 10,000, or both; and
  • Section 267 of the Criminal Code (causing a false entry in a public document): imprisonment not exceeding 3 years, a fine not exceeding THB 60,000, or both.

Key Takeaways

  • Existing entities are unaffected until they register a qualifying amendment, at which point the Order applies in full.
  • The Order took effect on 1 August 2026 and applies to partnerships and limited companies in which foreign participation is below 50%, and to limited companies in which a foreign national holds signing authority.
  • Documentary requirements now extend to bank statements evidencing both the payment and receipt of capital contributions and share payments, supported by a prescribed clarification letter.
  • Amendment registrations introducing a foreign partner or foreign signatory require a signed Letter of Confirmation of Investment, which carries personal criminal exposure for the signatory.
  • Entities incorporated on or after the effective date are subject to additional requirements if a qualifying amendment is registered within their first year.

Author: Panisa Suwanmatajarn, Managing Partner.

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Class-Action Signal Raises the Stakes for Online Consumer Complaints

Background:

Thailand’s Office of the Consumer Protection Board (OCPB) has announced that it is developing a national action plan to strengthen consumer protection for products sold through online channels. The initiative is intended to improve coordination among government agencies responsible for digital commerce, online marketplaces, direct-selling businesses, and consumer protection, while establishing clearer responsibilities and performance indicators.

Although the proposed action plan itself does not introduce new legal obligations, one aspect deserves particular attention from businesses. The OCPB has been directed to study the broader use of class-action proceedings where large numbers of consumers suffer substantially similar losses.

Thailand already recognizes class actions under the Civil Procedure Code, but they have historically been used relatively infrequently. The latest policy initiative indicates that consumer regulators are considering greater reliance on collective litigation as an enforcement mechanism where systemic consumer harm is identified, particularly in the rapidly expanding digital marketplace.

Why this matters:

The announcement does not create a new statutory cause of action or impose additional regulatory requirements on online platforms. However, it signals a possible shift in enforcement priorities.

Traditionally, consumer complaints have often been addressed individually through customer service channels or administrative dispute resolution. A greater emphasis on class actions would instead encourage regulators and claimants to examine recurring patterns of similar complaints across multiple consumers.

This approach could significantly increase litigation exposure where businesses fail to identify or address systemic issues affecting multiple customers.

Practical implications for businesses:

Online marketplaces, e-commerce operators, social-commerce platforms, direct-marketing businesses, manufacturers, importers, brand owners, payment providers, logistics companies, and merchants should consider strengthening internal governance before any formal policy changes occur.

Particular attention should be given to:

  • identifying recurring complaints involving the same product, seller, advertisement, or defect;
  • maintaining reliable seller identification and beneficial ownership information;
  • preserving documentation relating to product origin, regulatory approvals, and compliance certifications;
  • implementing effective notice-and-takedown procedures for unlawful or unsafe products;
  • escalating recurring safety or quality issues through documented internal processes;
  • reviewing refund, replacement, recall, and remediation procedures;
  • preserving evidence, including listings, livestreams, advertisements, customer communications, payment records, and delivery information; and
  • reviewing merchant agreements to ensure appropriate cooperation, indemnification, and information-sharing obligations.

Repeated complaints that appear insignificant when viewed individually may later be relied upon collectively to establish knowledge of defects, inadequate remediation, misleading advertising, or broader compliance failures.

Intellectual property considerations:

The proposed enforcement direction is also relevant for intellectual property owners.

Counterfeit and unauthorized products frequently give rise to overlapping legal issues extending beyond trademark or copyright infringement. A single product listing may simultaneously involve misleading advertising, product safety concerns, inaccurate labeling, warranty issues, and consumer protection violations.

Accordingly, brand owners should avoid treating online enforcement as solely an intellectual property exercise. Internal coordination between IP, consumer protection, product compliance, marketplace enforcement, and litigation teams will become increasingly important where multiple consumer complaints concern the same products or sellers.

Data privacy considerations:

Any increase in collective consumer litigation is likely to require broader preservation and analysis of personal data.

Businesses may need to process information relating to customers, merchants, payment transactions, logistics providers, communications, complaint histories, and digital evidence. Such processing should continue to comply with Thailand’s Personal Data Protection Act.

Organizations should therefore review:

  • legal bases supporting evidence preservation and regulatory disclosures;
  • access controls for complaint and investigation datasets;
  • secure information-sharing procedures with regulators and external advisers;
  • contractual obligations imposed on processors, including marketplaces, call centers, logistics providers, and cloud service providers;
  • document retention policies and litigation-hold procedures; and
  • incident response plans addressing potential personal data breaches involving consolidated claimant information.

Importantly, the prospect of consumer enforcement should not be interpreted as permitting unrestricted disclosure of customer or merchant data. Any disclosure should remain subject to applicable legal authority, proportionality, security safeguards, and appropriate documentation.

Looking ahead:

The OCPB’s announcement remains a policy initiative rather than a binding regulatory change. Nevertheless, it provides an early indication that consumer enforcement may increasingly focus on systemic patterns of misconduct affecting multiple consumers rather than isolated disputes.

Businesses that rely on digital sales channels should therefore begin assessing whether existing compliance, complaint-handling, and evidence-preservation processes would adequately support regulatory investigations or collective litigation involving large groups of consumers.

Key takeaways:

  • Organizations should ensure that complaint investigations and evidence preservation continue to comply with Thailand’s Personal Data Protection Act, particularly where large volumes of personal data are involved.
  • The OCPB is considering greater use of class-action proceedings for widespread consumer harm arising from online commerce.
  • No new legal obligations have been introduced, but the initiative signals a potentially significant shift in enforcement priorities.
  • Businesses should strengthen systems for identifying recurring complaints and preserving evidence relating to products, sellers, and customer interactions.
  • Online platforms and brand owners should integrate consumer protection, product compliance, and intellectual property enforcement rather than treating them as separate functions.

Author: Panisa Suwanmatajarn, Managing Partner

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Breaking Down Government Data Silos: New Rules on Inter-Agency Sharing of Personal Information

A new Royal Decree has established a legal framework requiring government agencies to share personal information under their control with other government agencies for specified electronic data-linkage purposes.

The Royal Decree on Disclosure of Personal Information Controlled by Government Agencies to Other Government Agencies B.E. 2569 (2026) (the “Royal Decree”) represents an important development in the government’s efforts to move away from fragmented, agency-specific databases toward greater interoperability of public-sector information.

The measure is intended to enable government agencies to use more complete and accurate information in policymaking, public services and targeted welfare programs, while reducing the burden on individuals of repeatedly submitting information already held by the government. The framework is also intended to contribute to greater transparency and more effective law enforcement.

Legal basis for inter-agency disclosure:

The Royal Decree is issued pursuant to Section 24(9) of the Official Information Act B.E. 2540 (1997).

Section 24 of the Official Information Act establishes, as a general rule, that a government agency may not disclose personal information under its control to another government agency or another person without the prior or contemporaneous written consent of the person concerned, subject to specified statutory exceptions.

Section 24(9) permits disclosure in other cases prescribed by Royal Decree.

The new Royal Decree uses this statutory mechanism to provide a specific legal basis for government-to-government disclosure of personal information falling within its scope. As a result, qualifying disclosure under the Royal Decree does not depend on obtaining the individual’s written consent on each occasion.

This is important because large-scale government data interoperability would be difficult to implement if each transfer of information between government agencies required separate consent from every affected individual.

From isolated databases to connected government:

The policy underlying the Royal Decree is broader than simply permitting one government agency to send information to another.

Government agencies hold significant amounts of information about individuals, but that information has traditionally been maintained within separate administrative systems. Where relevant information is distributed among different agencies, the government may not have ready access to the complete information required for policymaking, public services or welfare administration.

The Royal Decree is intended to address this fragmentation by enabling electronic linkage of personal information held across government agencies.

The stated objectives include allowing government policies and measures, government services and targeted welfare programs to be based on accurate and complete information. Greater data linkage is also intended to improve the efficiency of government services, reduce administrative burdens on the public, promote transparency and enhance the effectiveness of law enforcement.

In practical terms, the framework supports a move toward the principle that individuals should not continually be required to provide one government agency with information that is already held by another government agency where the conditions for lawful data linkage are satisfied.

Government agencies may be required to disclose information:

A significant feature of the Royal Decree is that it does not merely provide government agencies with a general permission to share personal information.

It establishes a framework under which a government agency controlling personal information must disclose that information to another government agency where the information is requested for purposes falling within the Royal Decree.

The relevant data linkage is intended to support the preparation and provision of government services and the provision of targeted welfare through electronic means.

This gives the Royal Decree practical significance beyond an ordinary exception to a confidentiality rule. It provides the legal infrastructure for systematic government data interoperability.

The receiving agency also assumes obligations:

Greater availability of government-held information is accompanied by safeguards.

A government agency requesting and receiving personal information must safeguard that information. Importantly, it may not further disclose the information to an outside person.

This restriction is an important limitation on the scope of the new regime. The Royal Decree should therefore not be understood as making personal information freely transferable simply because it has entered an interconnected government information system.

The legal authorization concerns disclosure within the framework established by the Royal Decree. Once information has been received, the recipient agency remains responsible for protecting it and complying with the restrictions applicable to its subsequent disclosure.

The required safeguards are also linked to criteria and conditions prescribed by the competent authority and cybersecurity requirements. Consequently, implementation of the Royal Decree is as much an information-governance issue as a data-access issue.

Targeted welfare and government services:

One of the clearest practical applications of government data linkage is the provision of targeted welfare.

Eligibility for government assistance may depend on information maintained by several different authorities. Without data linkage, individuals may have to obtain documents from one agency and submit them to another, while the agency administering the benefit may have difficulty independently establishing a complete picture of the applicant’s circumstances.

Electronic linkage can potentially change this process.

Where legally permitted, the administering agency may obtain relevant information directly from government data already available elsewhere. This can make eligibility assessment more accurate, reduce duplicate documentation and enable welfare programs to be directed more effectively toward intended recipients.

The same principle can apply more broadly to government services. Greater interoperability can reduce repeated requests for information and allow government agencies to make administrative decisions using more complete information.

Transparency and law enforcement:

The Royal Decree also has implications beyond welfare and administrative services.

The stated rationale includes increasing transparency within government and improving the effectiveness of law enforcement. Information that appears unremarkable when held in a single agency’s database may have greater significance when lawfully linked with information held by other agencies.

Inter-agency data linkage can therefore provide government authorities with a more complete information base for identifying inconsistencies, verifying information and carrying out their statutory functions.

This capability may be particularly relevant where investigations or enforcement activities require information held by several government bodies.

However, the Royal Decree should not be characterized as creating a general law-enforcement database or an unrestricted investigative power. Its significance lies in providing a statutory mechanism for disclosure and electronic data linkage within the scope established by the Royal Decree.

Data sharing does not mean unrestricted data use:

An important compliance point is the distinction between access to information and freedom to use or disclose that information.

The fact that one government agency is legally entitled to obtain information from another does not mean that information becomes unrestricted once transferred.

Government agencies implementing data-linkage arrangements should therefore consider controls covering at least:

  • the authority and purpose for requesting information;
  • identification of the information required;
  • authentication of requesting agencies and authorized personnel;
  • access controls within the receiving agency;
  • secure electronic transmission;
  • logging and traceability of access and transfers;
  • cybersecurity safeguards;
  • retention and management of linked information; and
  • controls preventing unauthorized onward disclosure.

These controls are particularly important because increased interoperability can increase the consequences of inadequate security. A weakness in one interconnected system may potentially expose information originating from several agencies.

Relationship with personal data protection requirements:

The Royal Decree should also be understood within the broader legal framework governing personal information.

Its immediate statutory basis is the Official Information Act, and it establishes a specific mechanism permitting inter-agency disclosure that would otherwise be subject to the restrictions in Section 24 of that Act.

However, the existence of a statutory basis for disclosure should not automatically be equated with unlimited authority to process the information for any subsequent purpose.

Government agencies participating in data-linkage arrangements should therefore identify the legal authority supporting each stage of the information lifecycle—including collection, disclosure, receipt, use, retention, security and any subsequent disclosure—and consider other applicable personal data protection and cybersecurity requirements.

The distinction is particularly important as government systems become increasingly interconnected. Legal authority to receive information is only one component of lawful and responsible data governance.

A significant step toward data-driven government:

The Royal Decree represents a structural change in the management of government-held personal information.

The traditional model in which each government agency maintains its own information and individuals repeatedly provide substantially the same information to different authorities is increasingly being replaced by a model based on controlled interoperability.

If implemented effectively, the new framework should enable government agencies to make greater use of information already available within the public sector, improve the accuracy of public services and welfare programs, and reduce unnecessary administrative burdens on individuals.

The corresponding challenge is governance.

The more effectively government information systems are connected, the more important it becomes to ensure that access is authorized, purposes are properly defined, information is adequately protected and subsequent disclosure remains controlled.

The Royal Decree therefore represents not simply an expansion of government access to data, but a move toward a more integrated model of public-sector data governance.

Key Takeaways:

  • The Royal Decree marks an important shift from government data held in separate institutional silos toward controlled, interoperable public-sector data infrastructure.
  • The Royal Decree establishes a statutory mechanism for the disclosure of personal information between government agencies for qualifying electronic data-linkage purposes.
  • Its legal basis is Section 24(9) of the Official Information Act, which allows exceptions to the general restriction on disclosure of government-controlled personal information without written consent.
  • The framework goes beyond merely permitting voluntary data sharing and supports systematic interoperability between government information systems.
  • A government agency receiving information under the framework must safeguard the information and is restricted from further disclosure to an outside person.
  • The framework is intended to support more accurate policymaking, more efficient government services and targeted welfare, reduced administrative burdens on the public, greater transparency and more effective law enforcement.
  • Government agencies should not treat authorization to receive information as unrestricted authority to use or further disclose it. Purpose limitation, access controls, cybersecurity and information governance remain central to implementation.

Author: Panisa Suwanmatajarn, Managing Partner.

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From Voluntary Guidance to Legal Accountability: The Changing Rules for Digital Platforms

Digital platform regulation is entering a new phase. Recent developments indicate a shift from a framework centered largely on registration, disclosure, and risk management toward a more substantive model addressing platform conduct, seller accountability, fee transparency, and potentially the allocation of liability between platforms and businesses operating through them.

Two developments illustrate this direction particularly well. The first is the proposed Digital Platform Economy Act, which is being developed as a broader statutory framework for the platform economy. The second is the Electronic Transactions Development Agency (ETDA) Guideline on Transparency and Fairness in Digital Platform Service Fees, which establishes voluntary best practices for the disclosure and adjustment of platform fees. Although the guideline is not mandatory and the proposed Act has not yet been enacted, considered together they provide a useful indication of the regulatory principles increasingly shaping oversight of digital platforms: transparency, fairness, accountability, and greater protection for users and consumers.

A New Regulatory Framework for Digital Platforms:

Digital platform services are currently regulated under the Royal Decree on the Operation of Digital Platform Service Businesses that are Subject to Prior Notification. The existing regime establishes notification requirements and imposes various obligations depending on the nature, size, and risk profile of a platform. The proposed Digital Platform Economy Act would represent a significant further development. The government has accelerated work on the legislation, with the current policy timetable contemplating submission to the Cabinet before the draft proceeds to Parliament. As the legislation remains under development, however, both its provisions and legislative timetable remain subject to change.

The emerging framework indicates several areas that platform operators should monitor closely. These include registration and disclosure of information concerning platform operations and revenue, as well as measures intended to give regulators greater visibility over businesses participating in the platform economy. Territorial scope will be particularly important for multinational businesses, since a platform providing services into the local market may potentially become subject to regulatory requirements even where the operator does not have a conventional physical presence in the jurisdiction.

Another important area concerns businesses and individuals offering goods or services through platforms. The regulatory direction increasingly places platforms in the position of gatekeepers rather than merely passive intermediaries. Existing regulatory measures already require certain platforms to obtain and verify seller information and implement risk-management measures concerning goods and services offered through their systems. The proposed legislation appears likely to develop this approach further, making seller onboarding, identity verification, record keeping, monitoring, and enforcement increasingly important compliance functions rather than merely commercial processes.

The Emerging Question of Platform Liability:

Perhaps the most significant issue to monitor is the extent to which a platform may bear responsibility for harm arising from transactions conducted through its service. Platform operators have traditionally characterized themselves as intermediaries connecting independent sellers with customers, and their terms and conditions commonly distinguish the platform from the seller responsible for the underlying goods or services.

The proposed regulatory approach may reduce the practical significance of that distinction. Discussions surrounding the Digital Platform Economy Act contemplate circumstances in which platforms could bear joint responsibility for consumer harm, particularly where the platform fails to perform duties imposed on it. The precise scope of any liability will depend on the final statutory language, including the conduct that triggers liability, available defenses, and the relationship between the new regime and existing consumer protection laws.

If enacted broadly, such liability could materially alter the allocation of risk in the platform economy. Seller verification and monitoring would no longer be viewed simply as regulatory procedures; they could become directly relevant to a platform’s financial exposure when consumers suffer loss. Contractual provisions placing responsibility on sellers, including indemnities, may remain important but would not necessarily protect a platform from independent statutory liability. Platform operators should therefore monitor the liability provisions particularly closely as the draft progresses.

Fee Transparency and Fairness:

While the proposed Act represents the potential development of mandatory statutory obligations, ETDA has adopted a softer regulatory approach to another significant platform issue: fees. Its Guideline on Transparency and Fairness in Digital Platform Service Fees is intended as voluntary best practice rather than direct price regulation. The guideline does not prescribe maximum commissions or other charges. Instead, it focuses on whether users can understand what they are being charged, what services they receive in return, and how changes to those charges are made.

Platforms are encouraged to present fee information clearly and in an accessible manner, including an explanation of individual fee items, the services or benefits associated with them, and the basis or method used to calculate the charges. This is particularly relevant where the actual cost of participating on a platform extends beyond a headline commission and may include advertising, promotional, affiliate, payment-related, or other service fees. The regulatory concern is therefore not simply whether a particular commission is high or low, but whether users can reasonably determine and evaluate the overall economic cost of using the platform.

The guideline also addresses changes to platform fees. It recommends that users receive at least 15 days’ advance notice of fee changes, together with information concerning the reason for the change, its scope and potential impact, and channels for inquiries or feedback. The guideline also contemplates a consultation process in connection with fee changes. Platforms should therefore distinguish between merely notifying users that a fee will change and maintaining a process that reflects the broader principles of transparency, consultation, and fairness contemplated by the guideline.

Fairness extends beyond disclosure. Platforms are encouraged to avoid unnecessary duplication of charges and to distinguish clearly between compulsory fees and charges for additional services. Optional services should correspond to genuine additional benefits rather than becoming effectively mandatory through the design or operation of the platform. The objective is not direct government control of platform pricing, but a framework in which platforms can explain how fees are determined and users can understand the true costs of participating in the platform ecosystem.

From Voluntary Guidance to Legal Accountability:

Considered separately, the proposed Digital Platform Economy Act and the fee guideline address different regulatory issues. Considered together, however, they reveal a broader trajectory. The fee guideline represents soft regulation, under which regulators articulate expectations concerning fair market conduct and encourage platforms voluntarily to incorporate those principles into their business practices. The proposed legislation points toward harder regulatory intervention, potentially involving registration, disclosure, seller verification, statutory duties, enforcement mechanisms, and greater responsibility for consumer harm.

This distinction is important for businesses. Voluntary guidance should not necessarily be treated as irrelevant simply because it does not create directly enforceable obligations. Such guidance may establish regulatory expectations concerning reasonable industry conduct, identify practices receiving regulatory scrutiny, and indicate areas in which more formal intervention could eventually follow if voluntary measures prove insufficient.

The broader development is therefore not simply an increase in the number of rules applicable to digital platforms. It reflects a gradual change in the regulatory conception of the platform itself. As platforms exercise greater control over seller admission, product visibility, payment mechanisms, fees, and transactions, regulators increasingly expect them to accept corresponding responsibilities for how those ecosystems operate.

Preparing for the Next Stage of Platform Regulation:

Platform operators need not wait for the proposed legislation to be enacted before reviewing their compliance architecture. Seller onboarding and verification procedures should be assessed to determine what information is collected, how identities and business credentials are verified, how information is updated, and what happens when inaccurate information or unlawful activity is detected. Systems should also retain sufficient records to demonstrate that verification, monitoring, complaints, and enforcement procedures have actually been followed.

Fee structures warrant similar attention. Platforms should consider whether users can readily identify the overall economic cost of using their services and whether compulsory fees, optional services, promotional charges, advertising costs, and other charges are adequately explained. Procedures for changing fees should also be reviewed against the transparency, advance-notice, and consultation principles reflected in ETDA’s guideline.

Finally, contractual arrangements with sellers should be considered together with operational compliance. If the new legislation imposes independent statutory duties on platforms, contractual provisions allocating responsibility entirely to sellers may have limited effect against claims brought directly against the platform. Indemnities, suspension rights, seller information obligations, insurance arrangements, record keeping, and mechanisms for recovering losses should therefore form part of a broader risk-management framework rather than being treated as substitutes for regulatory compliance.

Key Takeaways:

  • Digital platform regulation is moving beyond registration and disclosure toward greater operational accountability.
  • The proposed Digital Platform Economy Act may expand requirements concerning platform registration, business information, seller verification, platform conduct, and consumer protection. Its final provisions should be monitored as the legislative process progresses.
  • Potential joint liability for consumer harm may be one of the most significant developments because it could alter the traditional allocation of responsibility between platforms and independent sellers.
  • ETDA’s fee guideline remains voluntary and does not constitute direct price regulation, but it establishes regulatory expectations concerning fee transparency, fairness, advance notice, and consultation.
  • Platform operators should consider reviewing seller verification, monitoring, fee disclosures, change-management procedures, contractual risk allocation, and record-keeping systems before the new statutory framework is finalized.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand-Australia Strategic Partnership 2026–2029: Advancing Cybersecurity, Economic Resilience, Cross-Border Crime Cooperation, and Support for SMEs and Startups

Earlier, Thailand’s Cabinet approved the Joint Plan of Action to Implement the Thailand-Australia Strategic Partnership for 2026–2029. The four-year framework succeeds the 2022–2025 Plan and will be signed during the Thai Prime Minister’s official visit to Australia on 17–20 August 2026. It reaffirms the Strategic Partnership elevated in 2020 and provides a practical roadmap for cooperation across five pillars: political and security affairs; economic and trade relations; sectoral collaboration; people-to-people links; and regional and sub-regional engagement (including ASEAN, the Mekong, and the Indo-Pacific).

Two accompanying Joint Statements—one on combating transnational crime and one on strengthening economic cooperation—were approved in parallel. Together they signal a pragmatic, results-oriented deepening of ties with direct relevance for businesses, technology firms, and innovation ecosystems in both countries.

Cybersecurity and Digital Cooperation within the Security Pillar:

The political and security pillar explicitly covers defense cooperation, non-traditional security challenges (including cyber), good governance, and critical technologies. This builds on the existing Memorandum of Understanding on Cyber and Digital Cooperation between Thailand’s Ministry of Digital Economy and Society and Australia’s Department of Foreign Affairs and Trade. That MoU promotes information exchange, best-practice sharing on cybersecurity strategies and laws, protection of critical infrastructure, and a secure, open internet that supports digital trade and innovation.

The new Plan is expected to operationalize these commitments further, creating opportunities for Australian cybersecurity providers, Thai digital-security firms, and joint public-private initiatives focused on threat intelligence, capacity building, and resilience of critical infrastructure. In a region facing rising cyber risks, closer bilateral alignment also strengthens Thailand’s position within ASEAN and Indo-Pacific cyber frameworks.

Joint Statement on Transnational Crime: Targeting Online Scams and Related Threats

The dedicated Joint Statement on combating transnational crime prioritizes online scams/fraud, narcotics trafficking, human trafficking, and money laundering. Cooperation will proceed through bilateral channels and ASEAN mechanisms. This reflects the reality that sophisticated cyber-enabled crime—particularly large-scale online investment and romance scams operating from the region—has become a shared security and economic threat.

Existing operational links between the Royal Thai Police and the Australian Federal Police, including intelligence sharing and joint operations against cybercrime and financial crime networks, provide a foundation. The new Statement is likely to expand structured coordination, capacity building, and disruption of illicit financial flows. For the private sector this translates into stronger expectations around know-your-customer and anti-money-laundering compliance, potential public-private partnerships on fraud detection, and reduced exposure of legitimate businesses and consumers to scam ecosystems.

Economic and Trade Pillar: Resilience, Clean Energy, and Multilateral Trade:

The economic pillar emphasizes growth, resilient supply chains capable of withstanding global volatility, the clean-energy transition, and a robust multilateral trading system. It sits alongside long-standing instruments—the Thailand-Australia Free Trade Agreement (TAFTA), the Regional Comprehensive Economic Partnership (RCEP), and the Strategic Economic Cooperation Arrangement (SECA), which was renewed in late 2025 through 2028.

Two-way goods and services trade reached approximately A$32.4 billion in 2025, underscoring the commercial weight of the relationship. The Plan and the parallel Joint Statement on economic cooperation are expected to facilitate further trade facilitation, agricultural collaboration, and digital-economy linkages while supporting diversification of supply chains.

Opportunities for SMEs and Startups:

Although the full Plan has not yet been published in detail, official summaries highlight support for startups and SMEs, particularly through science, technology, innovation, and digital cooperation. This continues themes already present in the original Strategic Partnership Declaration, which called for extensive digital-economy collaboration to accelerate business growth, including for startups and SMEs, and to develop a digital-ready workforce.

Sectoral cooperation under the Plan spans agriculture, education, climate action, energy, infrastructure, science and innovation, public health, environment, disaster management, and gender equality/social welfare. For technology-oriented SMEs and startups these areas open concrete avenues:

•  Digital and cyber solutions for agriculture, supply-chain resilience, and clean-energy systems.

•  Innovation partnerships, research collaboration, and technology transfer with Australian counterparts.

•  Access to capacity-building, skills development, and potential co-investment or market-entry support under SECA and related mechanisms.

•  Participation in people-to-people exchanges that build networks and talent pipelines.

Australian firms offering cybersecurity tools, digital platforms, agritech, cleantech, or fintech solutions, and Thai startups seeking capital, technology, or export pathways to Australia and the broader Indo-Pacific, stand to benefit from the clearer policy framework and high-level political endorsement.

Looking Ahead

The Joint Plan of Action is a political framework rather than a legally binding treaty. Its value will be realized through concrete projects, dialogues, and private-sector engagement after the formal signing in mid-August 2026. Businesses and legal practitioners should monitor implementing arrangements under the cyber MoU, SECA work programs, and any new working groups on digital economy, innovation, or transnational crime.

For companies operating at the intersection of technology, trade, and compliance, the 2026–2029 Plan reinforces Thailand-Australia cooperation as a practical platform for managing cyber risk, building resilient commercial relationships, and accessing opportunities in a strategically important bilateral partnership.

Author: Panisa Suwanmatajarn, Managing Partner.

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OCPB Introduces FastTrack Complaint Handling for Online Purchases: Practical Implications for Digital Businesses

The Office of the Consumer Protection Board (OCPB) has announced the introduction of OCPB FastTrack, an expedited complaint-handling process designed to assist consumers experiencing problems with online purchases. While the initiative does not introduce new legal obligations or amend existing consumer protection laws, it signals a more proactive enforcement approach and an expectation that online businesses will respond promptly to consumer complaints.

Overview of the FastTrack Process:

According to the OCPB, consumers may use the FastTrack process for common online shopping disputes, including:

  • products that differ from their advertisements;
  • non-delivery of purchased goods; and
  • sellers who fail to respond after payment.

The OCPB has indicated that the process aims to streamline complaint handling through digital coordination with online platforms and businesses, with a target of resolving complaints within 14 days.

To support their complaints, consumers are encouraged to submit evidence such as:

  • the original product advertisement;
  • proof of payment;
  • communications with the seller; and
  • photographs of the goods received.

Although the 14-day target is an administrative objective rather than a legally prescribed response period, it provides insight into the OCPB’s enforcement expectations and its intended speed of intervention.

Practical Implications for Online Businesses:

The FastTrack initiative is likely to increase the pace at which marketplaces, platforms, and merchants receive requests from the OCPB. Businesses should therefore evaluate whether their internal complaint-handling processes can support rapid investigation and response.

In particular, businesses should consider whether they can:

  • promptly identify the relevant seller and transaction;
  • preserve historical versions of product listings and advertisements as they appeared when the purchase was made;
  • retrieve payment, delivery, communications, refund, and complaint records efficiently;
  • identify and investigate repeat-offender sellers;
  • authorize appropriate refunds or other remedies without unnecessary escalation;
  • distinguish disputes involving misleading advertising from those involving counterfeit, defective, or unsafe products; and
  • coordinate responses across the platform, merchant, logistics provider, payment service provider, and customer-service functions.

Businesses should avoid relying solely on current versions of online listings. Product descriptions, images, pricing, and promotional claims may have been modified after a transaction occurred. Maintaining reliable version histories, timestamps, and archived advertising records will be increasingly important when responding to regulatory inquiries or consumer complaints.

Intellectual Property Considerations:

Consumer complaints alleging that products are “not as advertised” may also expose intellectual property issues. These complaints may involve:

  • counterfeit goods;
  • unauthorized use of trademarks;
  • unauthorized use of copyrighted product photographs or marketing materials;
  • substitution of genuine products with non-genuine products;
  • misleading claims regarding authorized distributor or dealer status; or
  • imitation packaging or branding intended to confuse consumers.

For businesses operating brand-protection programs, the FastTrack process highlights the value of integrating consumer complaints with existing intellectual property enforcement mechanisms. Information obtained through customer complaints may assist in identifying repeat infringers, counterfeit supply chains, or fraudulent marketplace accounts that would otherwise remain undetected.

Rather than treating consumer complaints and intellectual property enforcement as separate functions, businesses should consider adopting a coordinated approach involving legal, compliance, trust and safety, and customer-support teams.

Data Privacy Considerations:

Responding to FastTrack complaints may require businesses to collect, review, and disclose information relating to customers, sellers, payment transactions, deliveries, device information, and communications.

Businesses should ensure that their complaint-handling procedures incorporate appropriate data governance measures, including:

  • clearly designated authority to respond to OCPB requests;
  • data minimization practices when preparing evidence packages;
  • secure channels for transmitting information;
  • appropriate access controls for complaint files;
  • contractual safeguards with processors such as call centers, logistics providers, and cloud service providers; and
  • incident-response procedures where complaint files contain personal data.

As complaint investigations become increasingly digital and involve multiple service providers, maintaining a structured and documented approach to personal data handling will help reduce compliance risks while supporting efficient regulatory cooperation.

Looking Ahead:

Although OCPB FastTrack does not create new statutory obligations, it reflects an evolving enforcement environment in which regulators expect faster cooperation from digital businesses. Organizations that rely on online sales channels should view the initiative as an opportunity to review their complaint-handling, record-retention, advertising preservation, brand-protection, and data-governance processes.

Businesses that can quickly reconstruct transactions, preserve historical evidence, coordinate responses across multiple stakeholders, and implement appropriate remedies will be better positioned to manage both regulatory scrutiny and consumer expectations as online commerce enforcement continues to evolve.

Key Takeaways:

  • Strong record-keeping and coordinated internal response processes will help businesses manage regulatory inquiries and consumer disputes more effectively.
  • OCPB FastTrack is an administrative initiative designed to expedite online-purchase complaint handling rather than a new law or regulation.
  • The initiative signals an expectation that platforms and sellers will respond promptly when contacted by the OCPB.
  • Businesses should ensure they can preserve historical product listings, advertisements, communications, payment records, and delivery information.
  • Consumer complaints may reveal broader issues involving counterfeit goods, trademark infringement, misleading advertising, or unauthorized use of copyrighted materials.
  • Complaint management, brand protection, and product-safety functions should be integrated rather than operating independently.
  • Organizations should review data governance procedures to ensure that complaint investigations involving personal data are handled securely and consistently.

Author: Panisa Suwanmatajarn, Managing Partner

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Thailand Moves Toward a Dedicated Regulatory Framework for Data Centers

Thailand may soon take a significant step toward regulating its rapidly expanding data center industry. According to recent reports, the government is preparing a Prime Minister’s Office Regulation that would establish a dedicated framework for overseeing data center operations, with particular emphasis on resource management, environmental impacts, and centralized regulatory oversight. While the proposed regulation has not yet been issued, it signals a potential shift from Thailand’s current investment-driven approach toward a more comprehensive regulatory model for the sector.

Background:

Thailand has become an increasingly attractive destination for data center investment due to strong government incentives, growing cloud adoption, and its strategic location in Southeast Asia. However, the rapid expansion of large-scale facilities has also raised concerns regarding infrastructure capacity, particularly electricity and water consumption.

According to the reported proposal, the government intends to introduce a dedicated regulatory mechanism to better coordinate oversight of the industry and manage its broader impacts on national resources.

Proposed regulatory framework:

The reported proposal indicates that the Prime Minister’s Office Regulation would establish a new committee responsible for supervising data center activities. Its responsibilities would reportedly include:

  • overseeing the overall development of the data center industry;
  • assessing the impacts of data center investments;
  • monitoring resource consumption, particularly electricity and water usage;
  • coordinating regulatory oversight among relevant government agencies; and
  • supervising approvals, permits, and compliance monitoring.

Although further details have not yet been published, the proposal suggests that the government intends to create a more centralized oversight structure than currently exists.

Addressing fragmented regulation:

At present, data center projects typically interact with multiple government agencies depending on the nature of the project. Investors may require approvals or incentives from different authorities, while utility arrangements are often negotiated separately.

The reported proposal appears intended to address this fragmented regulatory landscape by introducing a dedicated governance mechanism specifically focused on data centers.

Greater focus on infrastructure and resource management:

A notable feature of the proposal is its emphasis on resource planning.

According to the reports, the government has identified several concerns, including:

  • increasing electricity demand from large-scale data centers;
  • substantial water consumption required for cooling systems;
  • challenges in forecasting future resource demand; and
  • overlapping arrangements for water supply that may complicate national infrastructure planning.

The proposal therefore appears to reflect a policy objective of integrating data center development with broader infrastructure and environmental planning rather than regulating the industry solely from an investment perspective.

Different treatment for existing and future projects:

The reported framework would distinguish among three categories of data centers:

Existing operating facilities

Existing operators may become subject to audits or assessments focusing on matters such as resource consumption, temperature management, and noise impacts.

Approved projects under development

Projects that have already received approvals but are not yet operational may be required to comply with additional regulatory conditions before commencing operations.

Future applicants

New projects may become subject to a comprehensive regulatory regime addressing matters such as:

  • sustainable water management;
  • reserve water sources;
  • environmental impacts; and
  • measures designed to reduce adverse impacts on surrounding communities.

This tiered approach suggests that the government is seeking to avoid disrupting ongoing investments while progressively strengthening regulatory requirements for future developments.

Potential changes to location planning:

The reports also indicate that the government is considering a more strategic approach to determining where future data centers should be located.

Rather than concentrating additional facilities in existing investment hubs, policymakers are reportedly evaluating locations with stronger electricity and water infrastructure, including areas near major power generation facilities. The government has also indicated that supporting digital infrastructure, such as fiber-optic networks, could be expanded if new data center clusters are developed.

What investors should watch:

Although the proposal remains at the policy stage, investors and operators should monitor several issues as the framework develops:

  • the legal authority under which the new committee will operate;
  • whether additional licensing or approval requirements will be introduced;
  • technical standards relating to electricity, water use, and environmental impacts;
  • transitional requirements applicable to existing operators; and
  • the interaction between the new framework and existing approvals issued by sector-specific regulators.

The final regulatory approach will determine whether the proposed framework primarily serves as a coordination mechanism or introduces substantive compliance obligations for the industry.

Key takeaways:

  • Thailand is reportedly preparing a dedicated regulatory framework for data centers through a proposed Prime Minister’s Office Regulation.
  • The proposal reflects increasing government attention to electricity consumption, water usage, and environmental impacts associated with large-scale data center investments.
  • A new committee may be established to coordinate oversight of approvals, compliance, and resource management.
  • Existing facilities, projects under development, and future investments could become subject to different regulatory requirements.
  • Although the proposal has not yet been formally issued, investors planning data center projects in Thailand should closely monitor further regulatory developments, as they may significantly affect project planning, compliance obligations, and site selection.

Author: Panisa Suwanmatajarn, Managing Partner.

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United States Finalizes Section 301 Tariff Framework Based on Forced Labor Enforcement: Thailand Subject to a 12.5% Tariff

In our previous article (USTR Section 301 Forced-Labor Determinations: Implications for Thailand – The Legal Co., Ltd.), we discussed the U.S. Section 301 investigation involving approximately 60 trading partners, including Thailand, and Thailand’s response to the proposed tariff measures through trade negotiations and domestic regulatory reforms.

The Office of the United States Trade Representative (“USTR“) has now concluded that review, announcing the final tariff framework under Section 301 of the Trade Act of 1974 on 23 July 2026. The framework imposes additional tariffs ranging from 10% to 12.5% on imports from approximately 60 trading partners, effective from 24 July 2026.

Although Thailand actively participated in the consultation process and sought both a reduction in the proposed tariff rate and additional product-specific exemptions, it remains subject to the higher 12.5% tariff, which took effect immediately upon the expiry of the preceding tariff measures.

The final framework is significant not only for the additional tariffs it introduces, but also for what it signals: the United States’ continued use of trade policy as a lever to address forced labor concerns and to encourage stronger labor standards and supply chain governance among its trading partners.

Overview of the Final Tariff Framework

The final framework adopts a tiered approach, with tariff rates determined by the USTR’s assessment of each trading partner’s efforts to prevent goods produced using forced labor from entering the U.S. market.

  • 10% tariff — applies to countries that (i) already prohibit imports of goods produced using forced labor, (ii) have committed to implementing such measures through reciprocal trade arrangements, or (iii) have introduced measures offering some protection against such imports. Countries in this category include Argentina, Bangladesh, Cambodia, Canada, Ecuador, El Salvador, Guatemala, Honduras, India, Indonesia, Jordan, Malaysia, Mexico, Pakistan, Sri Lanka, Trinidad and Tobago, and the United Kingdom.
  • 12.5% tariff — applies to countries the United States considers not to have implemented sufficiently effective measures to prevent goods produced using forced labor from entering U.S. supply chains. Thailand falls within this category, alongside China, Hong Kong, Japan, the Philippines, Singapore, and Vietnam, among other trading partners.

According to the USTR, the final framework applies to trading partners representing approximately 99.4% of total U.S. imports. Certain products remain exempt, including oil, natural gas, and goods that cannot be sourced domestically in the United States.

Legal Significance

Beyond the tariff rates themselves, the legal basis for the framework carries equal significance.

According to publicly available reports, the United States introduced the final tariff framework after the U.S. Supreme Court ruled that tariffs previously imposed under emergency powers were unlawful. Rather than relying on those emergency powers, the U.S. government has instead invoked Section 301 of the Trade Act of 1974, which authorizes the USTR to act against foreign government policies or practices considered unfair or burdensome to U.S. commerce.

This development demonstrates that, notwithstanding new limits on the use of emergency powers, the United States continues to rely on existing trade legislation to pursue its broader trade policy objectives. It also reflects a growing trend in which labor standards, human rights, and supply chain governance are increasingly treated as matters of international trade compliance, rather than solely as corporate social responsibility or ESG considerations.

Business Implications

The practical implications of the final tariff framework extend beyond the tariffs themselves.

Businesses exporting to the United States — including manufacturers, suppliers, and other participants in global supply chains — should expect increased requests from customers and business partners to demonstrate that their products are free from forced labor and that appropriate due diligence has been conducted throughout the supply chain.

Businesses should therefore consider:

  • reviewing supplier due diligence procedures;
  • strengthening supply chain traceability;
  • maintaining documentation on product origin and manufacturing processes; and
  • monitoring developments in U.S. trade policy, as well as Thailand’s proposed Human Rights Due Diligence (HRDD) framework.

Taking these steps early may help businesses respond more effectively to evolving customer expectations, reduce compliance risk, and minimize disruption to cross-border trade.

Key Considerations for Businesses

The final tariff framework reinforces the growing convergence between international trade policy, labor standards, and supply chain governance. While the immediate consequence is the additional 12.5% tariff imposed on imports from Thailand, the broader implication is that businesses should expect increasing scrutiny of their supply chains and rising expectations around responsible sourcing and human rights due diligence.

Businesses with operations or supply chains connected to the United States should review their existing compliance programmers, strengthen supplier due diligence and traceability measures, and continue monitoring regulatory developments in both the United States and Thailand to remain prepared for evolving trade compliance requirements.

Author: Panisa Suwanmatajarn, Managing Partner.

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Tomorrowland Thailand 2026: Business Opportunities and Operational Readiness for Local Investors

WeAreOne.World (Thailand) Co., Ltd., a Thai-Belgian joint venture, has received investment promotion approval from the Board of Investment (BOI) to organize Tomorrowland Thailand, a world-class electronic dance music (EDM) festival. The event will take place at Wisdom Valley, Chonburi Province, from December 11 to 13, 2026, marking the festival’s first-ever edition in Asia and featuring a star-studded lineup of internationally renowned artists and DJs.

The project is a joint venture between TL International BV, a subsidiary of the Belgium-based Tomorrowland Group, and Thailand’s One Asia Ventures Co., Ltd. TL International BV brings more than two decades of experience organizing EDM festivals worldwide, while One Asia Ventures has produced major music events in Thailand.

All 50,000 daily tickets — 150,000 in total across the three-day event — have officially sold out. Over 85% of attendees, or approximately 127,500 people, are expected to be international visitors, led by primary markets including Malaysia (8.5%), Singapore (7.5%), and Australia (6.5%), alongside secondary markets in Europe (8%) and the United States (3.5%).

Benefits for Thai Business Operators and Local Investors

The festival is projected to generate 6.13 billion Baht (approximately EUR 159 million) in immediate economic value, with a potential contribution exceeding 21,386 million Baht over its planned five-year run (2026–2030). This positions Thailand as a global event hub, driving revenue across hotels, accommodation, restaurants, transportation, and regional service providers.

1. Tourism, Hotels, and Accommodation Ticket sales have already driven more than 22,000 ticket-and-accommodation package bookings, along with over 250 pre and post-festival travel itineraries designed to extend visitor stays by one to two weeks. These offerings are well positioned to capture high-spending, long-stay travelers, allowing Thailand’s tourism sector to fully benefit from the event.

2. Creative and Music Industry Government representatives anticipate long-term advantages for Thailand’s creative sectors. By bringing world-class staging, acoustics, lighting, and visual production technology to the country, the event will give local designers and crew hands-on experience with international-standard setups — supporting Thailand’s long-term capability to host major global events.

3. Local Suppliers and Service Providers (Direct Impact) Event organizers will procure and contract directly with Thai suppliers and service providers, with an allocated budget exceeding 1,092 million Baht (EUR 28 million). This spans production and infrastructure, food and beverage, workforce and staffing, logistics and transportation, hospitality, venue management, and other local services.

4. Retail, Restaurant, and Transport Sector (Indirect Impact) Local businesses stand to benefit from more than 5,309 million Baht (EUR 131 million) in indirect economic circulation, generated by visitor spending on retail, local travel, and extended stays in neighboring provinces.

5. Job Creation The festival is expected to generate up to 21,386 jobs across tourism, events, logistics, and hospitality, beginning with 1,900 positions in its first year, with priority given to Thai personnel. Knowledge-transfer initiatives — including a DJ Academy and Festival Academy — will further build local expertise in festival management.

Preparation for Thai Business Operators and Investors

To capitalize effectively on the capital circulation generated by Tomorrowland Thailand, local businesses should prepare across five key areas:

1. Service Standards and Multilingual Support With international visitors making up the majority of attendees, hotel, restaurant, and transport operators should train staff in English and key ASEAN languages, and ensure full integration of international payment gateways (credit cards, digital wallets, and e-payment systems).

2. Long-Stay Travel Packages As the event falls in December, many attendees are likely to extend their stay by one to two weeks. Tourism operators in Chonburi, Rayong, and surrounding provinces — including Bangkok and Chiang Mai — should develop experiential travel packages, airport transfer services, and premium programs tailored to high-spending travelers.

3. Supplier and Production Readiness Businesses in events, production, lighting, audio, logistics, F&B, and security should upgrade operational, hygiene, and safety standards to international levels to compete for direct-procurement subcontracts. Commercial agreements should be drafted clearly and enforceably to protect business interests.

4. Cross-Border Business and Contractual Readiness Businesses pursuing joint ventures, co-branding, or merchandise sales at the event should establish robust JV agreement structures and carefully review trademark licensing requirements to avoid intellectual property infringement.

5. Regulatory Compliance Operators should review all applicable laws for large-scale festival operations and establish clear compliance frameworks, including:

  • Food, Beverage, and Alcohol Control Laws: Temporary liquor sales permits must be obtained from the Excise Department for on-site sales points, with strict age-verification (20 years and older, as required by law).
  • Personal Data Protection Act (PDPA): Operators collecting customer data, using ticket or room scanning systems, or capturing photos/video for promotional use must provide proper privacy notices and implement valid consent mechanisms.

Author: Panisa Suwanmatajarn, Managing Partner

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OCPB: National Action Plan on Online Products Signals More Coordinated Regulatory Oversight

Thailand is moving toward a more coordinated approach to regulating products sold through online channels. The Office of the Consumer Protection Board (OCPB) is leading the development of a National Action Plan (NAP) on online products following a nationwide public consultation process. The initiative aims to strengthen cooperation among government agencies responsible for consumer protection, product safety, intellectual property, customs, taxation, digital platforms, and law enforcement.

Although the National Action Plan is still under development, it signals the government’s intention to enhance oversight of online commerce through coordinated enforcement rather than relying on individual regulators acting independently. Businesses participating in Thailand’s digital marketplace should closely monitor these developments and consider reviewing their compliance frameworks in anticipation of increased regulatory cooperation.

A Coordinated Regulatory Framework:

The proposed National Action Plan is intended to establish an integrated framework for addressing issues associated with products sold online. Rather than creating an entirely new regulatory regime, the initiative seeks to improve cooperation, information sharing, and joint enforcement among relevant authorities.

Its objectives include:

  • strengthening consumer protection in online commerce;
  • reducing the circulation of counterfeit, unsafe, and non-compliant products;
  • improving coordination among regulatory and enforcement agencies;
  • enhancing traceability within online supply chains; and
  • promoting confidence in Thailand’s digital economy.

If implemented as proposed, the framework would enable authorities to respond more efficiently to unlawful online activities by combining investigative resources and sharing information across agencies.

A Broad Regulatory Focus:

The proposed framework extends beyond intellectual property enforcement. Authorities have indicated that the initiative is intended to address a broad range of consumer protection and regulatory concerns relating to products sold online.

Areas expected to receive greater attention include:

  • products that fail to meet mandatory safety standards;
  • cosmetics, food, medical devices, and health products marketed without required approvals;
  • prohibited or restricted goods;
  • misleading or deceptive product claims;
  • goods imported in violation of customs requirements; and
  • products sold in breach of consumer protection laws.

Businesses should therefore view the initiative as a comprehensive regulatory effort affecting multiple areas of compliance rather than solely an anti-counterfeiting measure.

Implications for Online Platforms:

Online marketplaces and social-commerce platforms are likely to face increased expectations regarding their governance of third-party sellers and product listings.

As regulatory cooperation expands, platforms may be expected to strengthen:

  • seller verification procedures;
  • mechanisms for removing unlawful listings;
  • monitoring of higher-risk products;
  • cooperation with government investigations; and
  • recordkeeping to support regulatory enforcement.

Platforms with effective compliance systems and transparent governance practices are likely to be better positioned as regulatory expectations evolve.

Considerations for Online Sellers:

Online sellers should ensure that products offered through digital channels comply with all applicable regulatory requirements.

Businesses should review whether regulated products possess the necessary registrations, approvals, certifications, or licenses. Marketing materials, product descriptions, pricing information, and labeling should also be assessed to ensure compliance with consumer protection requirements.

Businesses importing products into Thailand should also verify that customs documentation and import procedures are properly maintained, particularly if enforcement activities become more coordinated across agencies.

Logistics Providers and Payment Service Providers:

The proposed National Action Plan recognizes that effective enforcement may require cooperation from businesses supporting online transactions.

Logistics providers may receive requests from authorities to assist in tracing the movement of goods associated with unlawful online sales.

Similarly, payment service providers may be asked to cooperate in investigations involving transactions connected with illegal products or fraudulent online businesses.

Maintaining appropriate compliance procedures and responding promptly to lawful requests from competent authorities will remain important risk management measures.

Opportunities for Brand Owners:

For brand owners, the proposed framework may strengthen enforcement against counterfeit and infringing products sold online.

Closer coordination among consumer protection authorities, customs officials, intellectual property agencies, and law enforcement may facilitate more effective action against repeat offenders and organized distribution networks.

Nevertheless, businesses should continue monitoring online marketplaces, preserving evidence of infringement, utilizing platform reporting mechanisms, and pursuing civil or criminal remedies where appropriate.

Preparing for a More Coordinated Enforcement Environment:

Although the National Action Plan has not yet been finalized, businesses should consider reviewing their compliance programs in anticipation of increased regulatory cooperation.

Practical steps include:

  • conducting compliance reviews of products sold online;
  • strengthening seller onboarding and verification processes;
  • maintaining documentation demonstrating regulatory compliance;
  • reviewing procedures for responding to regulatory requests;
  • establishing effective complaint-handling and takedown procedures; and
  • providing compliance training for employees responsible for online sales and marketplace operations.

Early preparation may help businesses reduce regulatory risks once the coordinated framework is implemented.

Key takeaways:

  • The Office of the Consumer Protection Board is leading the development of a National Action Plan on online products following a nationwide consultation process.
  • The initiative is intended to strengthen coordination among agencies responsible for consumer protection, product safety, customs, taxation, intellectual property, and law enforcement.
  • The proposed framework extends beyond counterfeit goods to address broader regulatory and consumer protection issues relating to online product sales.
  • Online marketplaces, sellers, logistics providers, payment service providers, and brand owners should expect greater regulatory cooperation and more coordinated enforcement.
  • Businesses should review and strengthen their compliance programs in preparation for the evolving regulatory land

Author: Panisa Suwanmatajarn, Managing Partner

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