Tag: E-Commerce

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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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Medical Advertising: Criminal Fraud Convictions for Doctor, Clinic Owner, and Agency in Misleading Stem Cell Campaign

In a landmark ruling delivered by the Criminal Court in 2025, three parties—a licensed physician, the owner of a private medical clinic, and the advertising agency they hired—were found guilty of criminal fraud under Section 341 of the Penal Code. The case centered on misleading online advertisements for stem cell therapy and anti-aging treatments. All three received prison sentences and fines, marking one of the strongest judicial responses to date against false medical advertising in Thailand.

Summary of the Court’s Findings:

The court determined that the defendants jointly created and published advertisements on Facebook and Line that contained the following false or exaggerated claims:

  • “Stem cell therapy can cure diabetes, high blood pressure, and knee degeneration permanently.”
  • “100 % success rate with no side effects”
  • “Patients will look 10–20 years younger after one treatment.”

The advertisements used before-and-after photos of patients (without proper consent or medical evidence) and included fabricated testimonials. When patients paid between 280,000 and 650,000 baht per course, they received only standard vitamin infusions or platelet-rich plasma (PRP), not the promised stem cell therapy.

The court ruled that:

  • The physician knowingly allowed his name and medical license to be used in the deceptive ads
  • The clinic owner approved and paid for the campaign despite knowing the claims were impossible to fulfill
  • The advertising agency designed the content, posted it, and collected the advertising fee, fully aware of the falsehoods

All three were convicted of fraud by deception, causing property loss to the victims (Section 341 Penal Code) and of violating the Medical Profession Act B.E. 2525 (1982) (using a physician’s name in misleading advertising) and the Consumer Protection Act B.E. 2522 (1979) (false advertising).

Sentences Imposed:

  • The doctor: 2 years imprisonment (suspended for 4 years) + 200,000 baht fine
  • The clinic owner: 2 years 6 months imprisonment (suspended for 5 years) + 300,000 baht fine
  • The agency director: 2 years imprisonment (suspended for 4 years) + 200,000 baht fine

The court also ordered all three defendants to pay compensation totaling 4.2 million baht to the 12 victim-patients who filed complaints.

Relevant Laws Applied in the Judgment:

  1. Penal Code, Section 341 – Fraud by deception causing property loss (maximum 3 years imprisonment and/or fine)
  2. Medical Profession Act B.E. 2525 (1982), Section 27 – Prohibits physicians from allowing their name to be used in false or exaggerated advertising.
  3. Consumer Protection Act B.E. 2522 (1979), Section 22 – Prohibits false, deceptive, or exaggerated advertising that may cause misunderstanding
  4. Medical Facilities Act B.E. 2541 (1998) – The clinic’s license was placed under review for allowing unethical advertising.

How These Laws Interact:

  • The Penal Code provides criminal punishment for the actual financial harm caused to patients.
  • The Medical Profession Act targets the doctor’s ethical breach and can lead to license suspension or revocation by the Medical Council.
  • The Consumer Protection Act allows the Consumer Protection Board to impose additional administrative fines and bans on advertising.
  • When all three laws are applied together, the court can impose both imprisonment and compensation, while the professional council and government agencies handle long-term sanctions (license loss, business closure)

Key Takeaways:

  • Shared Criminal Liability: For the first time, the entire chain—physician, clinic owner, and advertising agency—was held jointly criminally responsible for fraudulent medical ads.
  • No “Ignorance” Defense: Doctors cannot claim innocence by saying they merely lent their name; agencies cannot hide behind “client instructions” if they know claims are false.
  • Severe Consequences: Beyond fines and suspended sentences, defendants face civil compensation and potential professional sanctions (e.g., license revocation).
  • Patient Protection Strengthened: Victims can pursue remedies through criminal complaints, Consumer Protection Board filings, or Medical Council reports.
  • Deterrent Effect: The ruling signals stricter enforcement against exaggerated health claims, especially in high-value treatments like stem cells and anti-aging therapies.

Significance of the Ruling:

This judgment sends a clear message that misleading medical advertising is not merely an ethical violation but can constitute criminal fraud when it induces financial loss. Patients who have paid for treatments after seeing similar online ads are strongly encouraged to retain evidence (screenshots, receipts, chat records) and file complaints with the Consumer Protection Board, the Medical Council, and/or the inquiry officer.

Author: Panisa Suwanmatajarn, Managing Partner.

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AI: Possible Regulations

Thailand is shaping the future of artificial intelligence (AI) through a public consultation led by the Electronic Transactions Development Agency (ETDA) from May 10 to June 9, 2025. AI offers immense potential to boost economic growth, enhance industries, and improve quality of life, but it also raises concerns about data privacy, system security, fairness, and ethical impacts. Building on lessons from earlier drafts, such as the 2022 Royal Decree on Business Operations using AI Systems and the 2023 Act on AI Innovation Promotion, which faced criticism for broad frameworks and burdensome rules, ETDA’s new draft principles aim to balance innovation with responsibility. The consultation seeks public input on four key areas: AI risk management, industry promotion, user rights, and enforcement mechanisms.

1. AI Risk Management Principles:

To ensure safe AI development and use, the draft principles propose a risk-based approach:

  • Risk Level Assignment: Instead of fixed criteria for Prohibited-risk or High-risk AI, industry-specific regulators will collaborate to define these categories, tailoring rules to sector-specific risks.
  • Domestic Representatives for Foreign Providers: Foreign AI providers must appoint local legal representatives to ensure compliance with Thai regulations.
  • Incident Reporting: High-risk AI providers are required to report serious incidents to authorities, enabling a swift response to potential harms.
  • User Responsibilities: AI users must maintain human oversight, log activities, ensure high-quality input data to avoid bias, assess potential impacts, and cooperate with regulators.

These measures aim to address risks like misalignment with ethical AI governance and future high-impact concerns, as highlighted by global incident databases (e.g., OECD AI Incidents Monitor).

2. Promoting the AI Industry:

To foster innovation, the draft principles encourage AI development while addressing past criticisms of regulatory burdens:

  • Text and Data Mining (TDM): Inspired by the EU, Thailand proposes allowing TDM for research and development, enabling access to copyrighted data for AI training.
  • Regulatory Sandboxes: Controlled testing environments will support real-world AI trials, reuse of privacy data for public-interest projects, or penalty-free “safe harbor” zones for developers.
  • AI Governance Clinic (AIGC): Established in 2022, the AIGC provides technical and practical guidance to public and private sectors, streamlining compliance and innovation.

These initiatives aim to create a supportive ecosystem for AI startups and established players alike.

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3. Rights of AI Users:

The draft principles prioritize user protections, ensuring individuals affected by high-risk AI have clear rights:

  • Right to be Informed: Individuals must be notified when AI impacts them, fostering transparency.
  • Right to Explanation: Users can request clear explanations of how AI systems function and influence decisions, particularly when affecting their lives or security.
  • Right to Oppose AI Decisions: Individuals can challenge AI-generated decisions and request human-led alternatives, safeguarding autonomy.

These rights, inspired by frameworks like the EU AI Act, empower users and build public trust in AI systems.

4. Enforcement and Penalties:

To ensure compliance, the draft principles outline enforcement and penalty mechanisms, with a focus on emerging risks:

  • Generative AI Misuse: Beyond existing laws like the Computer-Related-Offense Act, ETDA is exploring criminal penalties for misuse of generative AI, such as creating deepfakes or election-related misinformation (e.g., false audio, images, or videos).
  • Enforcement Measures: Administrative orders can halt the use or distribution of Prohibited-risk or misused High-risk AI. If violations persist, regulators may propose collaboration with the Ministry of Digital Economy and Society to restrict access via internet service providers, though this is under consultation.
  • Penalties: Penalties remain flexible, potentially including fines, disqualification from innovation support, or administrative measures, depending on whether governance is mandatory or voluntary. Specifics are still under review.

Conclusion:

ETDA’s public consultation advances Thailand’s efforts to foster an environment where AI innovation thrives while ensuring responsible use and protection for stakeholders. This consultation offers a vital opportunity for stakeholders to shape AI governance, enabling technological progress while upholding public trust and ethical standards.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand New Draft Digital Platform Economy Act

The outbreak of the COVID-19 pandemic has significantly altered consumer behavior, leading to a surge in reliance on digital platforms for activities like shopping and food delivery. This shift has played a pivotal role in the rapid growth of the digital economy, both in Thailand and globally. Citizens have become increasingly dependent on these platforms, which offer convenience and ease in daily life. As digital platforms now cover almost every facet of modern existence, the government has recognized the need to regulate these services to ensure economic and social stability, enhance credibility, and mitigate any potential risks to the public at large.

In response to this, Thailand initially enacted the Royal Decree on the Operation of Digital Platform Service Business Subject to Prior Notification B.E. 2565 (2022) (“Royal Decree”), which regulates and imposes obligations on digital platform service operators. These operators, such as Shopee or Lazada, manage platforms that connect business users and consumers through data networks to facilitate electronic transactions. However, recognizing the evolving landscape, the Ministry of Digital Economy and Society (“MDES“) has proposed the Draft Digital Platform Economy Act B.E. …. (the “Draft Bill”), which aims to expand regulation to include a broader range of platform services not covered under the Royal Decree, also known as, digital media services.

The Draft Bill seeks to regulate various digital platform services more comprehensively, promoting fair trade, encouraging self-regulation, and supporting operators in adopting good governance principles. Below are the key aspects of the Draft Bill.

Categorization of Digital Media Services

The Draft Bill defines Digital Media Services as any service provided over a computer network, internet system, or telecommunications network that acts as a medium between the sender and the data receiver. It categorizes these services into three types, each with distinct legal responsibilities for the operators:

  1. Mere Conduit Service: This refers to the provision of electronic data transmission services or access to an electronic communications network. Mere conduit providers are not liable for illegal activities during data transmission, as long as they can prove they neither initiated the data nor altered it in any way.
  2. Caching Service: Caching services involve temporary data storage for faster transmission. Providers are not held responsible for illegal activities, provided they meet the terms for data access and follow standard industry practices.
  3. Hosting Service: Hosting services provide data storage on behalf of users. These providers are only held accountable if they are aware of illegal content stored and fail to take action by either removing or blocking access to it.

General Obligations for Digital Media Services Platform Operators

Under the Draft Bill, platform operators are required to comply with obligations prescribed in Chapter 3 of the Draft Bill, which includes notifying the users of their rights and obligations, as well as the risks associated with using digital media services; providing a complaint resolution channel that responds within 24 hours and reports on the investigation outcome within 60 days; disclosing advertising information, publishing clear terms and conditions, as mandated by the law, and appointing a point of contact to liaise with the Electronic Transactions Development Agency (“ETDA“).

Very Large Online Platform (VLOP)

The Draft Bill introduces the concept of Very Large Online Platforms (“VLOP“). To qualify as a VLOP, a platform must meet one of the following criteria:

  1. A net income (before expenses) of over 1,000 million Baht per year from the provision of services in Thailand.
  2. More than 6 million active users per month.
  3. Poses a high risk to the economic or social security of Thailand, as determined by the ETDA.

VLOPs are subject to additional obligations, such as reporting data to the ETDA, tracking business users’ activities, suspending services for users engaged in serious illegal activities, and submitting annual transparency reports.

Core Platform Services & Gatekeepers

Chapter 5 of the Draft Bill defines core platform services and identifies platform operators that act as “gatekeepers” to other service providers. Core platform services currently include 10 types of digital media services such as online search engines, video-sharing services, cloud computing, and online advertising services, among others. A platform operator may be classified as a gatekeeper if it meets three criteria:

  1. Significant impact on the economy, with annual income (before expenses) exceeding 7 billion Baht.
  2. Serves as a critical gateway for business users to reach end users, with more than 15 million consumer users and 10,000 business users annually.
  3. Has the power to limit competition from other platform service providers, maintaining a dominant position.

Gatekeepers are subject to additional responsibilities, such as ensuring fair treatment of business users, facilitating free communication between consumers and businesses, preventing unfair practices that hinder competition, and more.

ETDA and Digital Platform Economy Committee’s Power to Enforce Data Platform’s Compliance

In order to enforce the Draft Bill effectively, the Draft Bill grants ETDA various powers to enforce compliance, including but not limited to the power to request data from platform operators to assess compliance, power to access and inspect platforms’ computer systems and physical premises if there is reasonable suspicion of illegal activities, the power to impose fines, service suspensions, or even criminal charges for severe violations.

Regulatory Transition

To ensure a smooth transition in the enforcement of this Draft Bill from the existing Royal Decree, the Draft Bill includes a grandfather clause allowing the platform operators who have already submitted notification under the Royal Decree to be deemed to have been notified under this Draft Bill as well. Nonetheless, they are required to update their information to align with the new requirement within 120 days of its enactment. Whilst the Royal Decree shall cease to be effective on the enforcement date of this Draft Bill, the sub-ordinate regulations issued under the Royal Decree shall remain in effect for as long as they do not conflict with the Draft Bill, or the new-subordinate regulation to be issued under the Draft Bill. 

Conclusion

The Draft Bill represents a proactive step toward regulating the rapidly expanding digital economy in Thailand. By establishing clear guidelines for digital platform operators, categorizing services, and introducing additional obligations for large and influential platforms, the Draft Bill aims to foster fair competition, ensure consumer protection, and maintain economic stability. As digital platforms continue to play an integral role in modern society, this legislation will be crucial in balancing innovation with accountability, ensuring that the digital economy can thrive in a secure and sustainable manner. As such, the passage of the Draft Bill will likely have far-reaching implications, not only for platform operators but also for the broader economy and society.

Source: International Business April 2025 : Antea

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