Tag: E-Commerce

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Super License Reform Moves to Final Stage Before Becoming Law

In our previous article, “Super License: The Draft Act on Facilitation in the Consideration of Licenses and Provision of Services to the Public,” we discussed the proposed overhaul of the administrative licensing regime and its potential to fundamentally modernize public services and regulatory approvals.

Super License: The Draft Act on Facilitation in the Consideration of Licenses and Provision of Services to the Public – The Legal Co., Ltd.

The legislative process has now reached a significant milestone. The Act on Facilitation in the Consideration of Licenses and Provision of Services to the Public B.E. 2569 has been approved by Parliament and is currently awaiting publication in the Government Gazette before coming into force. Once effective, the new legislation will repeal the Facilitation of Licensing by Government Agencies Act B.E. 2558 (2015) and introduce a substantially broader and more integrated framework for government licensing and public services.

A Shift from Licensing Control to Public Service Facilitation:

The new legislation reflects a significant policy shift in the administration of regulatory approvals. Rather than focusing solely on licensing procedures, it establishes a broader framework designed to improve the overall delivery of government services by emphasizing efficiency, transparency, digital integration, and reduced administrative burdens.

The scope of the law extends beyond traditional licensing procedures to cover registrations, notifications, approvals, and various public services provided by government agencies. This broader application aims to establish consistent administrative standards across the public sector while making interactions with government agencies more predictable and user-friendly.

Greater Transparency Through Mandatory Public Handbooks:

One of the most significant reforms is the enhanced requirement for government agencies to prepare comprehensive public handbooks.

These handbooks must clearly specify:

  • application procedures;
  • required documents;
  • statutory processing periods;
  • applicable fees;
  • approval criteria;
  • conditions imposed on applicants; and
  • written guidelines governing the exercise of official discretion.

Requiring agencies to disclose how discretion will be exercised represents an important development. It is intended to reduce inconsistent decision-making, improve legal certainty, and minimize opportunities for arbitrary administrative actions.

Digital Government and “Once-Only” Documentation:

The legislation further advances the government’s digital transformation policy by requiring agencies to utilize electronic information already available within government systems.

Where government agencies already possess information through interconnected databases, applicants generally should not be required to submit the same documents repeatedly. This “once-only” principle is expected to reduce paperwork significantly and improve the overall efficiency of administrative procedures.

The legislation also supports greater use of electronic application systems and centralized digital service platforms.

The Super License Mechanism:

Perhaps the most anticipated feature is the introduction of the Super License mechanism.

For business activities designated by the Cabinet, applicants will be able to obtain a principal license that automatically covers related subsidiary approvals normally issued by multiple government agencies. Instead of pursuing numerous sequential approvals, businesses will be able to complete much of the licensing process through a single application.

Although the categories of businesses eligible for the Super License mechanism will be determined through subsequent implementing measures, the reform is expected to benefit sectors that traditionally require multiple regulatory approvals, including manufacturing, hospitality, energy, and certain service industries.

The practical effectiveness of this mechanism will ultimately depend upon the implementing regulations and the level of coordination among participating agencies.

Faster Licensing Procedures:

The legislation introduces several measures intended to shorten administrative timelines.

Government agencies will be required to review applications promptly upon receipt, notify applicants immediately if documents are incomplete, and adhere to published processing periods. Where delays become unavoidable, agencies must notify applicants and explain the reasons for any extension.

In addition, the legislation provides for:

  • centralized application centers;
  • electronic submission and tracking systems;
  • expedited processing channels for eligible matters;
  • simplified renewal procedures for certain licenses; and
  • multilingual services where appropriate.

Collectively, these measures are designed to reduce procedural uncertainty while improving the overall applicant experience.

Deemed Approval for Certain Applications:

One of the most closely watched reforms is the introduction of a form of deemed approval.

For specified categories of lower-risk activities, where the responsible agency fails to complete consideration within the prescribed timeframe and does not properly extend the review period, the application may be treated as approved by operation of law.

This mechanism is intended to encourage administrative efficiency while providing greater certainty for businesses. However, it is not expected to apply universally, particularly where public safety, environmental protection, national security, or other significant public interests require substantive regulatory review.

Provisional Operations for Low-Risk Activities:

The legislation also introduces mechanisms allowing certain low-risk businesses to commence operations through notification or registration before obtaining full approval.

This represents a notable departure from the traditional approach, under which businesses generally must wait until all approvals have been formally issued before commencing operations. The reform seeks to facilitate earlier economic activity while maintaining appropriate regulatory oversight.

Increased Accountability for Government Agencies:

The legislation imposes stronger obligations on public officials responsible for licensing and service delivery.

Failure to comply with statutory procedures—such as requesting unnecessary documents, failing to meet prescribed timelines without justification, or otherwise violating procedural requirements—may constitute disciplinary misconduct.

These accountability measures reinforce the legislation’s broader objective of improving public confidence in administrative decision-making.

What Businesses Should Do Next:

Although the legislation has completed the parliamentary process, businesses should recognize that it will not become effective until publication in the Government Gazette.

In the meantime, companies that regularly interact with licensing authorities should begin assessing how the new framework may affect their operations. Particular attention should be paid to businesses that currently require approvals from multiple agencies, as they may eventually benefit from the Super License mechanism once implementing regulations identify eligible sectors.

Businesses should also monitor forthcoming subordinate legislation, ministerial regulations, and administrative guidelines, which will determine many of the practical details governing implementation.

Key Takeaways:

  • Businesses should begin reviewing their regulatory compliance strategies and monitor the issuance of subordinate legislation that will govern implementation of the new regime.
  • Parliament has approved the new Act, which is now awaiting publication in the Government Gazette before becoming effective.
  • The legislation replaces the existing licensing facilitation framework with a broader law covering licensing, registrations, notifications, approvals, and public services.
  • The new framework emphasizes transparency, digital government, reduced administrative burdens, and standardized procedures.
  • The Super License mechanism has the potential to significantly simplify regulatory approvals for businesses requiring multiple licenses, although further implementing regulations will determine its practical scope.

Author: Panisa Suwanmatajarn, Managing Partner.

Related Articles: Super License: The Draft Act on Facilitation in the Consideration of Licenses and Provision of Services to the Public – The Legal Co., Ltd.

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

Introduction:

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

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

Cabinet Resolution Promoting Work-from-Home Arrangements:

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

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

e-Office as the Foundation for Remote Government Operations:

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

Core functionalities include:

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

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

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

Regulatory and Governance Considerations:

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

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

Performance Management and Supervision

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

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

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

Working Hours and Attendance Controls

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

Appropriate measures may include:

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

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

Information Security and Data Protection

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

Agencies should establish policies addressing:

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

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

Continuity of Public Services

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

Accordingly, agencies should identify:

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

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

Sector-Specific Implementation

Certain government sectors have already introduced tailored WFH frameworks.

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

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

Implications for Government Agencies:

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

Government agencies should therefore consider:

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

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

Key Takeaways:

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

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

Author: Panisa Suwanmatajarn, Managing Partner.

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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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ETDA: Proposed Overhaul of Thailand’s Electronic Transactions Act – Modernizing for the Digital Economy

Thailand’s existing Electronic Transactions Act B.E. 2544 (2001, as amended) has served as the foundational legal framework for electronic transactions for over two decades. Enacted in an earlier era of digital adoption, it primarily addressed basic electronic signatures, data messages, and recognition of electronic records. However, it increasingly struggles to accommodate rapid technological advancements, including automated contracting systems, electronic transferable instruments (such as e-bills of lading), cloud-based data storage, digital identity solutions, and complex cross-border digital platforms.

Limitations in the current law—such as uncertainty around the reliability and evidentiary weight of electronic data, rigid requirements that do not flexibly support emerging technologies without additional regulations, and enforcement gaps—hinder full digital transformation. This creates friction for businesses adopting paperless processes, e-commerce, fintech, logistics, and other innovative models central to Thailand 4.0 and the broader digital economy.

Many jurisdictions have proactively updated their frameworks to address these challenges. The United Nations Commission on International Trade Law (UNCITRAL) Model Laws on Electronic Commerce, Electronic Signatures, and Electronic Transferable Records have influenced reforms worldwide. Countries like Singapore, the EU (with eIDAS and related directives), and others have introduced technology-neutral rules, enhanced trust services, liability frameworks for service providers, and specific provisions for electronic equivalents of negotiable instruments. These updates boost legal certainty, reduce compliance burdens, facilitate international trade, and stimulate innovation while maintaining consumer and business protections.

Key Changes in the Draft Act and UNCITRAL Alignment:

The Electronic Transactions Development Agency (ETDA) has proposed a comprehensive Draft Electronic Transactions Act for public hearing (comments due by June 15, 2026). The draft represents a substantial rewrite rather than a simple amendment. It shifts Thailand toward a more technology-neutral, principles-based, and trust-oriented framework, building on the original law’s foundations while incorporating newer UNCITRAL instruments.

Major Changes from the Current Law:

Broader Legal Recognition of Electronic Data and Transactions: Electronic records that are accessible, reusable, and retain integrity will satisfy requirements for “writing,” originals, retention, and evidence across civil, criminal, and procedural contexts. Electronic transactions become the default/preferred mode. This significantly expands functional equivalence beyond the 2001 Act’s more limited scope.

Electronic Signatures, Seals, Timestamps, and Notices: Reliable electronic methods (or ETDA-prescribed ones) fulfill signature, seal, timestamp, and registered mail requirements. Public announcements can shift to verified online platforms. New emphasis on electronic seals and reliable timestamps strengthens evidentiary value.

Reliable Methods, Certification, and Burden of Proof: Introduction of “reliable electronic methods” with ETDA recognition/certification. When approved systems are used, the burden and cost of disproving reliability shift to the challenger. This provides stronger legal certainty and incentivizes certified solutions.

Automated and Electronic Contracting: Explicit validation of contracts formed by automated systems (with or without human intervention), plus detailed rules on attribution, receipt acknowledgment, timing/place of dispatch, input error correction, and verification methods.

New Regime for Electronic Transferable Instruments: A dedicated framework for e-bills of lading, warehouse receipts, promissory notes, etc., including exclusive control (equivalent to possession), transfer, endorsement, amendment, integrity, and paper-electronic conversion. This is a major addition.

Regulation of Service Providers: Broader coverage of identity proofing, e-signatures, timestamping, data storage, and related services. Replaces rigid licensing with a voluntary certification (“trust mark”) scheme, risk management, cybersecurity, and complaint-handling obligations. Liability protections for compliant providers, with transitional recognition for existing licensees.

Strong UNCITRAL Alignment:

Builds on the original Act’s foundation in the Model Law on Electronic Commerce (1996) and Electronic Signatures (2001).

Incorporates the Electronic Communications Convention (ECC, 2005) — Thailand acceded in 2025 — for automated contracting and international rules.

Adopts principles from the Model Law on Electronic Transferable Records (MLETR, 2017) for e-transferable instruments.

Aligns with the Model Law on Electronic Identity and Trust Services (MLIT, 2022) through trust services, certification, and technology-neutral identity frameworks.

Supports overall technology neutrality and functional equivalence, enhancing interoperability under initiatives like the Framework Agreement on Cross-border Paperless Trade (CPTA).

Business Impacts and Preparation Steps:

The Draft Act would lower barriers to digital operations, reduce paper dependency, streamline contracting and record-keeping, and improve cross-border compatibility. Sectors like trade finance, logistics, e-commerce, fintech, cloud services, and digital identity providers stand to benefit significantly.

New compliance expectations include system reliability, risk management, cybersecurity, audits, and vendor due diligence. Businesses may need to update processes, contracts, policies, and user interfaces.

Businesses should prepare by:

Reviewing current electronic systems against emerging “reliable method” standards.

Assessing exposure as service providers or users.

Monitoring ETDA subordinate regulations, certifications, and guidance.

Updating contracts, terms, privacy notices, and record-retention policies.

Enhancing cyber security and complaint-handling mechanisms.

Current Status and Next Steps:

The Draft Act is currently in the public hearing phase (comments due by June 15, 2026). Following consultation, it will undergo refinement, Cabinet approval, parliamentary review, and publication in the Government Gazette.

Implementation is not immediate: The law would generally take effect 180 days after Gazette publication, with ETDA issuing subordinate rules, standards, and certification procedures (targeted within 180 days post-publication, though effective timelines may extend). Full industry adaptation and technical rollout could span months to years. Existing providers receive transitional support.

Key Takeaways:

The Draft Act modernizes Thailand’s electronic transactions framework through broader recognition, new instruments for digital trade, and a flexible certification model — strongly aligned with evolving UNCITRAL standards.

It addresses longstanding limitations while promoting trust, innovation, and paperless processes across private and public sectors.

Businesses should proactively assess impacts, strengthen systems, and participate in the ongoing public consultation.

Successful implementation will enhance Thailand’s digital economy competitiveness, though it requires coordinated regulatory and industry efforts over the coming years.

Author: Panisa Suwanmatajarn, Managing Partner.

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AI-Powered Assistant “Nok Krasip” Launched to Empower SME Retailers Through Digital Tools

The government has introduced “Nok Krasip” (Whispering Bird), an AI chatbot assistant integrated into the “Thung Ngern” mobile application. This forms part of the “Thai Help Thai Plus 60/40” program, designed to support small retailers and community businesses with practical digital solutions.

Program Context:

This initiative underscores efforts to strengthen the grassroots economy by equipping micro, small, and medium-sized enterprises (MSMEs) — particularly traditional shops — with accessible technology. The Thung Ngern application serves as a central platform for financial and business management, with the AI feature representing a key advancement in providing real-time insights.

Core Features of the AI Assistant:

Nok Krasip delivers user-friendly tools tailored for retailers with limited technical expertise:

•  Sales Analysis: Automatic summaries of daily sales performance, transaction trends, peak periods, and inventory suggestions.

•  Raw Material Price Monitoring: Real-time market price data for essential commodities such as meats and other inputs, drawn from official sources.

•  Cost and Profit Analysis: Simple calculations that compare input costs with selling prices to support better pricing and margin decisions.

•  Intelligent Chatbot: Instant answers to questions about the program and application functions, featuring preset options for quick navigation.

The assistant is available in Thung Ngern version 5.50.0 and higher for eligible registered users.

Legal and Regulatory Considerations:

The introduction of this AI tool carries several implications for businesses operating in the digital economy:

•  Data Privacy Compliance: Processing of sales, inventory, and transaction data requires adherence to the Personal Data Protection Act B.E. 2562 (PDPA). Platform operators should maintain clear consent mechanisms and transparent data handling practices, especially when information is shared with government entities.

•  Digital Transaction Governance: The tool supports broader goals of fair digital commerce and MSME empowerment, aligning with regulations on electronic transactions, consumer protection, and platform responsibilities.

•  Cybersecurity and Procurement Standards: Government-backed digital services typically involve cybersecurity requirements and public technology procurement rules.

•  Intellectual Property Aspects: Issues may emerge concerning ownership of AI-generated insights, underlying datasets, and developed algorithms.

Practical Guidance for Stakeholders:

•  Retailers and MSMEs: Participants should review the application’s terms of service and data policies prior to extensive use. While the AI can enhance operational efficiency, it should supplement — not substitute — professional financial advice.

•  Platform Operators and Partners: Entities involved in such ecosystems should monitor evolving rules on data governance and electronic transactions.

•  Risk Management: Businesses adopting AI tools are advised to implement robust cybersecurity protocols and include appropriate contractual safeguards regarding accuracy and liability.

Key Takeaways:

•  The AI assistant Nok Krasip provides accessible, practical tools that help small retailers analyze sales, control costs, and make informed decisions.

•  Integration into the Thung Ngern application advances digital inclusion for MSMEs participating in government support programs.

•  Stakeholders should prioritize PDPA compliance, data security, and clear policies when leveraging such government-supported AI platforms.

•  This development signals continued focus on technology-driven support for the traditional retail sector, potentially improving competitiveness and access to future financing opportunities.

This article provides general information only and does not constitute legal advice. Readers should seek qualified professional counsel for matters specific to their situation.

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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Super License: The Draft Act on Facilitation in the Consideration of Licenses and Provision of Services to the Public

The Draft Act on Facilitation in the Consideration of Licenses and Provision of Services to the Public, widely known as the “Super License” law, constitutes a major reform to Thailand’s administrative licensing and public service framework. It revises and expands upon the Facilitation of Licensing by Government Agencies Act B.E. 2558 (2015), aiming to reduce bureaucratic obstacles, enhance transparency, integrate digital processes,  foster a more efficient and applicant-centered administration.

1. Background:

The initiative traces its origins to evaluations of the 2015 Act, which demonstrated effectiveness in facilitating public interactions with government agencies but revealed opportunities for improvement amid evolving economic, social, and technological conditions. The Office of the Public Sector Development Commission (OPDC) proposed revisions to minimize unnecessary procedures, discretionary decisions, and compliance burdens while aligning with digital government objectives under the Electronic Government Operations Act B.E. 2565 (2022).

The draft was approved in principle by the Cabinet on April 2, 2024, and underwent public hearings (including a third round from September 20 to October 11, 2024) before review by the Office of the Council of State. It advanced through parliamentary consideration in 2025, passing reviews in both the House of Representatives and the Senate. Progress paused due to parliamentary dissolution prior to final enactment.

2. Key Provisions:

The draft organizes reforms across general principles, procedural enhancements, licensing mechanisms, service delivery improvements, periodic evaluations, centralized systems, and accountability measures. Core provisions include:

•  Expanded Scope: Application extends beyond licenses to registrations, notifications, approvals, and broader public services provided by state agencies, ensuring uniform standards.

•  Mandatory Public Handbooks: Authorities must publish detailed, standardized handbooks specifying criteria, procedures, documents, fees, timelines, conditions, and electronic options, with prohibitions on redundant requests and immediate deficiency notifications.

•  Streamlined Processing: Immediate verification of completeness upon receipt; strict timeline adherence with delay notifications (every 15 days) and explanations for extensions beyond 30 days; oversight by the Commission on Public Sector Development for persistent issues.

•  Automatic Renewal via Fee Payment: Renewal deemed effective upon fee payment for designated licenses (per ministerial regulations), reducing formal re-applications while maintaining compliance monitoring.

•  Super License (Principal License) Mechanism: The Cabinet may designate a principal license for activities requiring multiple approvals; issuance automatically grants subsidiary permissions, enabling single-point completion for sectors like factory construction, hotels, spas, and energy projects.

•  Extended or Permanent Validity: Licenses to have indefinite duration or a minimum five-year term where appropriate, replacing frequent short-term renewals.

•  Provisional/Trial Operations: Low-risk activities permitted temporarily via notification or registration pending full approval, with refinements toward notification systems recommended.

•  Centralized One-Stop and Electronic Centers: Joint physical/digital centers for submissions, inquiries, payments, and tracking; a national electronic central reception center (potentially with private involvement under data protection) forwards applications within one working day and monitors progress.

•  Fast-Track and Multilingual Support: Accelerated channels for urgent cases; forms and information available in English and other languages upon request.

•  Accountability Measures: Procedural violations (e.g., untimely processing, redundant demands) constitute disciplinary offenses for officials.

These elements collectively promote efficiency, digital integration, and reduced discretion while safeguarding public interests.

3. Impact to the Public:

The reforms promise tangible benefits for citizens, entrepreneurs, and investors:

•  Simplified access to services through consolidated processes and single-point submissions, reducing time, costs, and repeated interactions.

•  Greater transparency via mandatory handbooks, clear timelines, and limited discretion, minimizing opportunities for arbitrary decisions or corruption.

•  Faster business commencement, particularly for low-risk activities via provisional operations and automatic mechanisms, supporting economic activities in manufacturing, tourism, hospitality, and emerging sectors.

•  Enhanced competitiveness by improving Thailand’s ease of doing business rankings, attracting domestic and foreign investment, especially in high-value industries such as data centers, semiconductors, and modern agriculture.

•  Improved accessibility for non-Thai speakers and international applicants through multilingual support and digital channels.

Overall, the legislation prioritizes user convenience and national economic growth without compromising regulatory integrity.

4. Current Status:

As of mid-March 2026, the draft has secured prior approval from both the House and Senate but requires reaffirmation following parliamentary dissolution. Public discussions and media coverage in early March 2026 highlight cross-party recognition of its value, positioning it as a continuation of established reform efforts. No enactment has occurred, but momentum suggests active preparation for legislative progression.

5. Key Takeaways:

•  The Super License initiative modernizes governance by emphasizing efficiency, digital tools, and centralized services over fragmented approvals.

•  It exhibits policy continuity across administrations, demonstrating that beneficial reforms transcend political boundaries for national advantage.

•  Successful enactment could substantially alleviate bureaucratic burdens, boost investment attractiveness, and elevate public service quality.

•  Effective rollout will hinge on robust inter-agency coordination, digital infrastructure development, and periodic reviews (every five years) to adapt to future needs.

This proposed legislation underscores Thailand’s commitment to administrative modernization and enhanced competitiveness.

Author: Panisa Suwanmatajarn, Managing Partner.

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Online Platform: ETDA’s Push for New Rules on Social Commerce to Safeguard Thai Consumers

In a move to tighten oversight on digital marketplaces, Thailand’s Electronic Transactions Development Agency (ETDA) is gearing up to introduce new regulations targeting social commerce platforms. This initiative aims to close loopholes in consumer protection, ensuring that online transactions meet stringent standards amid the growing popularity of buying and selling via social media. The announcement comes as platforms like Facebook argue they fall outside traditional e-commerce definitions, prompting ETDA to expand its regulatory net.

The backdrop for these changes is rooted in Thailand’s evolving digital economy. With e-commerce booming, the existing Electronic Transactions Committee’s announcement—set to take effect on December 31, 2025—already mandates that e-commerce platforms sell or advertise products adhering to standards from the Thai Industrial Standards Institute (TISI) and the Food and Drug Administration (FDA). However, social media giants such as Facebook have claimed exemption, citing the absence of integrated payment systems and separate user accounts for transactions. ETDA has countered this, stating, “Facebook has informed ETDA that they do not fall under the category. We are therefore preparing a new announcement to cover Facebook, as it cannot be denied that Facebook is widely used as a platform for buying and selling goods known as social commerce, which requires strict product standards.”

This conciliatory approach by ETDA also considers international trade dynamics, particularly U.S. policies under President Donald Trump, which threaten trade retaliation against countries restricting American platforms. By avoiding overly restrictive measures, Thailand seeks to balance consumer safety with open trade, preventing potential barriers for U.S.-based companies operating in the region.

Beyond social commerce, the new rules will extend to space-sharing platforms like Airbnb. ETDA plans to enforce standards for user safety, identity verification, and tenant rights, addressing common issues such as leaks or power outages. Additionally, concerns over monopolistic practices in delivery services—previously requiring platforms to offer at least three shipping options—have been shifted to the Trade Competition Commission (TCC) for handling and streamlining regulatory responsibilities.

These developments underscore Thailand’s commitment to fostering a secure digital ecosystem. As social commerce continues to thrive, with platforms blending social interaction and shopping, the need for robust oversight has become evident. ETDA’s efforts aim not only to protect consumers from substandard or unsafe products but also to promote fair competition and innovation in the online space.

Key Takeaways:

Future Implications: This could set a precedent for more comprehensive digital platform governance in Thailand, boosting trust in online transactions.

Expanded Regulation: ETDA’s new announcement will include social commerce platforms like Facebook, requiring them to enforce product standards from TISI and the FDA to plug consumer protection gaps.

Consumer Focus: The rules prioritize Thai buyers’ safety by mandating quality controls on goods sold online, effective from late 2025 onward.

International Considerations: A balanced approach avoids trade conflicts with the U.S., aligning with global digital trade norms.

Broader Scope: Space-sharing services like Airbnb will face new safety and rights standards, while delivery monopolies fall under TCC jurisdiction.

Author: Panisa Suwanmatajarn, Managing Partner.

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