Protecting Children and Youth: Thailand’s Amended Laws Against Online Cyberbullying
As previously discussed in our articles Thailand – defamation and insult can be considered as cyberbullying – The Legal Co., Ltd. The current Thai legal framework addressing cyberbullying presents notable challenges. While existing laws, such as the Penal Code (Sections 326 and 328), allow victims to pursue defamation charges, significant limitations persist. These gaps are particularly evident in private digital forums where third-party witnesses are absent or when prosecutorial intent cannot be definitively established. Despite the existing Computer Crime Act B.E. 2560 (2017), a more nuanced and comprehensive legal approach is necessary.
Rationale for Legislative Enhancement
Protecting children and youth in the digital landscape is paramount. Their inherent vulnerabilities expose them to multifaceted online risks, including:
Cyberbullying
Online grooming
Sexual exploitation
Exposure to inappropriate content
Proposed Legislative Amendment
The Minister of Justice has drafted a comprehensive amendment to the Penal Code (“Draft Law”), specifically targeting online offenses against children and youth. Key provisions of the Draft Law include:
Precise definition of cyberbullying offenses
Clear penalties for actions causing psychological harm, shame, or adverse psychological effects
Potential consequences including:
Imprisonment up to one year
Fines up to 20,000 Baht
Combination of imprisonment and financial penalties
Notably, the amendment introduces an escalated penalty structure, increasing punishments by one-third for cyberbullying conducted on public platforms. This approach acknowledges the broader societal impact of such digital transgressions.
Implementation and Comprehensive Strategy
While legislative reform represents a critical initial step, a holistic approach is essential. The proposed strategy encompasses:
Rigorous legal enforcement
Comprehensive educational initiatives
Targeted awareness programs for:
Children
Youth
Parents
Educators
Next Procedural Steps
Following public consultation and feedback from authorities, the Draft Law awaits cabinet and parliamentary review and formal legislative enactment. This collaborative process ensures thorough consideration and refinement of the proposed legal framework.
Conclusion
The proposed Draft Law represents a significant advancement in digital child protection. By establishing clear legal boundaries and penalties, Thailand demonstrates a proactive commitment to safeguarding its youth in an increasingly complex digital ecosystem. Successful implementation will require sustained, multi-sectoral collaboration, balancing legal deterrence with educational empowerment.
Over The Top: Thailand’s Push to Regulate Online Streaming Platforms
In a significant step toward managing the rapid rise of Over-The-Top (OTT) platforms, Thailand’s Ministry of Digital Economy and Society has launched an initiative to bring these online streaming services under closer scrutiny. The Ministry has entrusted the National Broadcasting and Telecommunications Commission (NBTC) and the Electronic Transactions Development Agency (ETDA) with the task of forming a dedicated working committee. This group is charged with studying and proposing regulatory measures for OTT platforms—services that deliver diverse content, including movies, TV shows, music, and podcasts, directly to users via the internet. Unlike conventional media, these platforms operate independently of mobile network providers, cable operators, or digital TV broadcasters. Well-known examples include Netflix, YouTube, Disney+, TikTok, and Spotify.
Government Concerns:
The decision to regulate OTT platforms arises from mounting concerns about their potential exploitation. Authorities have noted that these services can serve as conduits for online crimes, such as fraud, the spread of inappropriate content, and copyright violations, all of which have caused significant harm to the public. In response, the Ministry aims to create a digital landscape that is secure, equitable, and sustainable, benefiting consumers, service providers, and the digital economy as a whole.
Focus Areas:
To this end, the working committee has identified five core areas of focus, each addressing distinct challenges posed by OTT platforms while fostering a fair and innovative digital environment.
1. Enhancing Safety Measures
The first area of focus is strengthening safety protocols. This involves curbing copyright infringement and preventing access to illegal content. The committee plans to introduce identity verification measures to deter misuse of these platforms, ensuring they are not exploited for illicit purposes.
2. Regulating Content
The second priority centers on content oversight. The committee seeks to refine existing laws, empowering regulatory bodies to monitor and control the material distributed on OTT platforms more effectively. Additionally, foreign platforms operating in Thailand will be required to obtain licenses and comply with local laws. The initiative also includes advocating for international cooperation in establishing shared regulatory frameworks.
3. Boosting the Digital Industry and Taxation
The third focus area aims to promote Thailand’s digital industry while ensuring fair economic contributions from OTT platforms. This includes supporting local entrepreneurs in developing homegrown platforms and mandating that OTT services generating revenue from Thai users pay taxes in the country. These efforts are intended to drive the rapid growth of domestic digital businesses and create added value within the national economy.
4. Protecting Personal Data
Data privacy is the fourth pillar of this regulatory framework. OTT platforms will be required to adhere to stringent data protection standards, such as those outlined in the European Union’s General Data Protection Regulation (GDPR). Measures will also be implemented to regulate the collection and use of user data, safeguarding individuals’ privacy rights and preventing abuses.
5. Ensuring Fair Competition
Finally, the committee will address competition in the OTT market. The goal is to prevent large platforms from establishing monopolies that could stifle fair competition. By supporting the development of local platforms and promoting market decentralization, the initiative seeks to level the playing field and encourage innovation.
A Forward-Looking Approach:
This comprehensive strategy reflects Thailand’s recognition of both the opportunities and risks presented by OTT platforms. As these services continue to reshape how people consume media, the Ministry of Digital Economy and Society, alongside the NBTC and ETDA, is taking proactive steps to harness their potential while mitigating their downsides. By focusing on safety, content regulation, economic fairness, data protection, and competitive balance, Thailand aims to set a precedent for responsible digital governance—one that could resonate on the global stage.
As the working committee begins its task, the nation watches closely, hopeful that these measures will pave the way for a digital future that is not only vibrant and innovative but also secure and just for all.
Online Gaming Act: Push for a Balanced and Thriving Digital Economy
Thailand’s Ministry of Digital Economy and Society (MDES) is taking significant steps to regulate and promote the online gaming industry through the draft Film and Game Act (Draft Act). This legislative effort aims to balance the rapid growth of the gaming industry with the need to protect society, particularly children and youth, from potential negative impacts. The Draft Act seeks to establish a comprehensive framework for the industry, focusing on content regulation, industry promotion, and consumer protection.
Key Provisions of the Draft Act:
1. Content Regulation and Age-Appropriate Classification
The Draft Act introduces a content rating system for films and games, ensuring that media content is appropriate for different age groups. This system will help parents and guardians make informed decisions about what their children consume. Games and films must display their content ratings, brief descriptions, and identification codes to inform consumers about their suitability.
The content rating system will categorize games and films based on their themes, such as violence, sexual content, or language. For example, games with violent content may be restricted to players aged 18 and above, while games with educational content may be suitable for all ages. This system will be enforced by the Content Classification Committee, which will review and classify media content before it is released to the public. Developers and publishers must ensure their products comply with these classifications and display the appropriate labels prominently.
2. Establishment of Regulatory Bodies
The Draft Act proposes the creation of a National Film and Game Industry Promotion Committee, chaired by the Prime Minister, to oversee the industry. This committee will include representatives from various ministries, experts in media, psychology, culture, and marketing, as well as stakeholders from the gaming and film industries. Additionally, a Content Classification Committee will be established to review and classify media content.
The National Film and Game Industry Promotion Committee will be responsible for setting policies, promoting the industry, and ensuring compliance with the law. It will also work to attract international investments and foster innovation in the gaming sector. The Content Classification Committee, on the other hand, will focus on reviewing and classifying media content to ensure it meets the standards set by the law. These bodies will play a crucial role in shaping the future of Thailand’s gaming and film industries.
3. Streamlined Licensing and Registration
The Draft Act simplifies the licensing process for gaming and film businesses, replacing the previous stringent approval system with a notification-based system. This change aims to reduce bureaucratic hurdles while maintaining standards to protect consumers and public interests.
Under the new system, businesses will only need to notify the relevant authorities of their operations, rather than obtaining prior approval. This streamlined process will make it easier for startups and small businesses to enter the market. However, businesses must still adhere to the standards set by the law, such as content classification and consumer protection measures. The authorities will conduct periodic inspections to ensure compliance.
4. Promotion of Local Industry and Talent
The draft law emphasizes the development of Thailand’s gaming and film industries by promoting local talent, encouraging innovation, and attracting international investments. It also aims to create a fund to support the growth of these industries, ensuring they remain competitive on a global scale.
The government plans to establish a fund to provide financial support to local game developers, filmmakers, and other stakeholders. This fund will be used to finance innovative projects, provide training and development programs, and support international collaborations. Additionally, the government will work with educational institutions to develop curricula that align with the needs of the gaming and film industries, ensuring a steady pipeline of skilled talent.
5. Protection of Youth and Society
The Draft Act prioritizes the protection of children and youth from harmful content. It mandates that games and films with inappropriate content, such as violence, explicit material, or content that undermines national security or morality, must be restricted or banned. The law also empowers authorities to take action against media that violates these standards.
The law includes strict provisions to prevent the dissemination of harmful content to minors. For example, games with violent or explicit content must be clearly labeled and restricted to appropriate age groups. The authorities will have the power to take down or block access to games and films that violate these standards. Additionally, the law encourages the development of parental control features in games to help parents monitor and restrict their children’s access to inappropriate content.
6. Penalties for Non-Compliance
The Draft Act introduces administrative fines and criminal penalties for businesses that fail to comply with content classification, licensing, or other regulatory requirements. Penalties can range from fines of up to 5 million baht to imprisonment, depending on the severity of the violation.
Businesses that fail to comply with the law may face significant penalties. For example, a company that releases a game without the required content classification could be fined up to 5 million baht. In severe cases, such as the dissemination of content that undermines national security or morality, the responsible individuals could face imprisonment. These penalties are designed to ensure that businesses take their regulatory obligations seriously and prioritize consumer protection.
What the Online Gaming Industry Needs to Prepare For:
1. Compliance with Content Classification
Game developers and publishers must ensure their products are reviewed and classified according to the new content rating system. This includes displaying appropriate labels and ensuring that games are marketed responsibly to the right age groups.
Developers will need to submit their games to the Content Classification Committee for review before release. The committee will assess the game’s content and assign an appropriate rating. Developers must then display this rating prominently on the game’s packaging, marketing materials, and digital storefronts. Failure to comply with these requirements could result in fines or other penalties.
2. Adaptation to New Licensing Requirements
Businesses in the gaming industry will need to familiarize themselves with the new notification-based licensing system. This includes registering their operations and adhering to the standards set by the regulatory bodies.
The new licensing system will require businesses to notify the authorities of their operations and provide details about their products and services. While this process is less burdensome than the previous approval system, businesses must still ensure they meet all regulatory requirements. This includes adhering to content classification standards, protecting consumer data, and ensuring fair business practices.
3. Focus on Youth Protection
The industry must prioritize creating content that is suitable for younger audiences or clearly labeling games that are intended for mature players. Developers should also consider implementing parental controls and other safeguards to protect minors.
Developers should design games with youth protection in mind, ensuring that content is appropriate for the intended age group. For games aimed at mature audiences, developers must implement robust age verification systems and parental controls. Additionally, developers should avoid using manipulative design practices, such as excessive in-game purchases, that could exploit younger players.
4. Investment in Local Talent and Innovation
With the government’s focus on promoting the local gaming industry, businesses should invest in developing Thai talent and creating innovative games that can compete globally. Collaboration with educational institutions and participation in government-led initiatives will be key.
Businesses should partner with universities and vocational schools to develop training programs that equip students with the skills needed in the gaming industry. Additionally, companies should invest in research and development to create innovative games that appeal to both domestic and international audiences. Participation in government-led initiatives, such as industry forums and innovation grants, can also help businesses stay ahead of the curve.
5. Preparedness for Regulatory Inspections
Gaming companies should be prepared for inspections by regulatory authorities to ensure compliance with the new law. This includes maintaining proper records, adhering to content guidelines, and cooperating with authorities during investigations.
Companies should establish internal compliance teams to ensure they meet all regulatory requirements. This includes maintaining detailed records of their operations, content classifications, and consumer complaints. Regular internal audits can help identify and address potential compliance issues before they are flagged by authorities.
6. Engagement with Regulatory Bodies
The industry should actively engage with the newly established regulatory bodies to provide feedback and stay informed about any updates or changes to the law. Participation in public consultations and industry forums will be crucial.
Businesses should participate in public consultations and industry forums to share their perspectives and provide feedback on the Draft Act. This engagement will help ensure that the final regulations are practical and effective. Additionally, businesses should establish regular communication channels with regulatory bodies to stay informed about any updates or changes to the law.
Conclusion:
Thailand’s Draft Act represents a significant step toward regulating and promoting the online gaming industry while safeguarding societal interests. By balancing growth with responsibility, the law aims to create a thriving digital economy that benefits both businesses and consumers. For the gaming industry, this means adapting to new regulations, prioritizing youth protection, and seizing opportunities for growth and innovation. As the Draft Act moves closer to implementation, stakeholders must prepare to navigate this evolving landscape and contribute to the sustainable development of Thailand’s gaming sector.
Computer Crime and Telephone Scams: Strengthening Legal Frameworks to Combat Cyber Fraud
Introduction:
In response to the escalating threat of cybercrime and telephone scams, the Thai government has taken decisive steps to enhance its legal framework. The Cabinet has approved amendments to the Royal Decree on the Prevention and Suppression of Technological Crimes. This move comes amid growing concerns over the daily financial losses suffered by citizens, which currently average between 60 to 70 million baht. Prior to the implementation of recent measures, these losses were even higher, ranging from 100 to 120 million baht per day. The urgency of the situation has necessitated immediate action to address the vulnerabilities in the existing legal framework.
Bank of Thailand (BOT) also supports the principles of this draft Royal Decree and has collaborated with relevant agencies to provide input to refine the draft, ensuring it effectively enhances measures to prevent and suppress technological crimes.
The BOT has been actively working with both public and private sector stakeholders to establish mechanisms where service providers must share responsibility and compensate for damages if they fail to comply with regulatory standards. This policy direction is a priority for the BOT, which is in the process of clearly defining the responsibilities of financial institutions in addressing technological crimes. These responsibilities will be used to assess liability for damages caused by such crimes, in conjunction with other relevant service providers under this Royal Decree and related regulations.
The original Royal Decree, enacted in 2023, was found to lack sufficient authority and penalties in several critical areas. These gaps include the inability to take action against “mule accounts” on peer-to-peer (P2P) platforms, the absence of mechanisms to refund victims, and the lack of shared liability among parties involved in criminal activities. The proposed amendments aim to address these shortcomings by introducing several key provisions:
1. Enhanced Authority Over P2P Platforms: The amendments grant authorities greater power to take action against peer-to-peer (P2P) platforms involved in illegal activities. This includes the ability to investigate, suspend, or shut down platforms facilitating fraudulent transactions.
2. Mandatory SIM Card Suspension: Telecommunications providers are now required to suspend SIM cards associated with fraudulent activities. This measure aims to disrupt the operations of scam networks that rely on mobile communication.
3. Faster Refunds for Victims: Banks are mandated to share information about “mule accounts” (accounts used to launder money) with the Anti-Money Laundering Office (AMLO). This will expedite the process of identifying and refunding victims of cyber fraud.
4. Stricter Penalties for Non-Compliance: P2P platforms and banks that fail to prevent the opening of accounts by criminals will face increased penalties. This provision ensures that financial institutions take proactive measures to verify the legitimacy of account holders.
5. Penalties for Data Breaches: Individuals or entities that disclose personal . information without authorization will be subject to harsher punishments. This aims to deter data breaches and protect citizens’ privacy.
6. Shared Liability for Financial Institutions: Financial institutions, mobile networks, and social media platforms will now bear partial responsibility for damages resulting from cybercrimes. This shared liability framework encourages all stakeholders to implement robust security measures.
7. Extraterritorial Jurisdiction: The amendments include provisions to hold offenders and their supporters accountable, even if they are located overseas. This ensures that international perpetrators involved in cybercrimes affecting Thailand can be pursued and penalized. This provision is crucial for addressing cross-border cybercrime and ensuring that offenders cannot evade justice by operating from outside the country.
Impact on Stakeholders:
The amendments will have significant implications for various stakeholders, including financial institutions, telecommunications providers, social media platforms, and the general public. Financial institutions and telecom companies will need to invest in robust compliance mechanisms to avoid penalties and ensure adherence to the new regulations. Social media platforms will be required to enhance their monitoring systems to detect and prevent fraudulent activities. For the public, these changes promise greater protection against cyber fraud and telephone scams, but they will also need to remain vigilant and informed about the risks associated with online transactions.
Effective Date:
The amended Royal Decree is expected to take effect immediately after its publication in the Royal Gazette. The Secretary-General of the Council of State has indicated that the process of finalizing the draft and publishing it will take no more than 30 days. As a result, the new regulations are anticipated to be enforceable by February 2024. This swift implementation underscores the government’s commitment to addressing the growing threat of cybercrime and protecting citizens from financial losses.
Conclusion:
The amendments to the Royal Decree represent a significant step forward in Thailand’s efforts to combat cybercrime and telephone scams. By addressing the gaps in the existing legal framework and introducing stricter penalties, the government aims to create a safer digital environment for its citizens. The inclusion of extraterritorial jurisdiction ensures that offenders and their supporters, even those located overseas, can be held accountable. However, the success of these measures will depend on the collective efforts of all stakeholders, from financial institutions to individual users, to remain vigilant and proactive in the face of evolving cyber threats. The BOT’s proactive involvement in defining responsibilities and ensuring compliance further strengthens the framework, paving the way for a more secure financial and technological ecosystem in Thailand.
Key Takeaways:
Urgency of Action: The Thai government has recognized the urgent need to combat cybercrime and telephone scams, given the substantial daily financial losses incurred by citizens.
Strengthened Legal Framework: Amendments to the Royal Decree introduce stricter penalties and broader authority for law enforcement agencies to tackle cyber fraud and telephone scams effectively.
Shared Responsibility: The new regulations emphasize the shared responsibility of financial institutions, telecom providers, and social media platforms in preventing cybercrime.
Enhanced Victim Protection: Faster refund mechanisms and increased penalties for data breaches aim to provide better protection for victims of cyber fraud and scams.
Global Collaboration: The Thai government is working with international partners to address cross-border cybercrime, highlighting the importance of global cooperation in combating this growing threat.
Extraterritorial Jurisdiction: The amendments include provisions to hold offenders and their supporters accountable, even if they are located overseas. This ensures that international perpetrators involved in cybercrimes affecting Thailand can be pursued and penalized.
Effective Date: The amended Royal Decree is expected to take effect immediately after its publication in the Royal Gazette, with enforcement anticipated by February 2024.
Telemedical Services: Navigating the Digital Healthcare Frontier
With the integration of technology into virtually every aspect of life, it is undeniable that the medical sector also requires technological innovations to reform traditional medical practices. This transformation necessitates close monitoring and regulation to ensure that service recipients are well protected—not only in terms of health and safety but also in safeguarding their personal information and privacy. The Ministry of Public Health recognizes the importance of establishing standards for both public health services and private telemedical service providers to ensure that telemedical services are efficient, convenient, fast, safe, standardized, verifiable, and in line with the principles of good governance. As a result, the Ministry has issued the Announcement on the Service Standards for Telemedical Service Providers and Telemedicine Public Health Services (the “Announcement”).
Under the Announcement, Telemedical Services refer to the provision of medical consultation, examination, diagnosis, treatment, nursing, disease prevention, health promotion, and physical rehabilitation remotely, using a digital system to transmit audio and video data.
The Announcement outlines the criteria required for telemedical service providers and the systems they use. Some of these criteria are:
There must be a sufficient number of medical practitioners to provide telemedical services without disrupting normal operations at each medical establishment.
There must be a registration and identity verification process for both service recipients and providers. This system must comply with the standards prescribed by the Electronic Transactions Development Agency and the Digital Development Agency.
A communication system must be established between service recipients and providers. This system must be integrated with identity verification and appointment scheduling in an appropriate manner.
Date, time, medical reports, verification results, and other relevant information must be recorded in audio, picture, text, or video format.
A process must be in place to explain the details, procedures, potential effects, and risks to the service recipient before telemedical services are provided, including obtaining consent.
A document, manual, or guideline for providing telemedical services must be created, in accordance with the standards set by the Office of Permanent Secretary, Ministry of Public Health.
Telemedical services must include the delivery of medicines and medical supplies to patients’ house.
Although detailed criteria for each qualification are yet to be fully outlined, this Announcement effectively serves as a checklist for telemedical service providers to assess whether their systems align with the regulated standards.
It is recommended that the telemedical service providers conduct comprehensive internal audits, develop adaptive compliance strategies, maintain flexible operational frameworks, and anticipate future regulatory refinements.
Economic: Comprehensive Strategy Proposed by Thailand’s Private Sector to Drive Sustainable Growth
As Thailand grapples with a complex web of economic challenges, including a global economic slowdown, weak domestic recovery, and constraints faced by small and medium-sized enterprises (SMEs) in accessing credit, the country’s private sector has come together to present a comprehensive strategy to revitalize the economy.
The Joint Standing Committee on Commerce, Industry and Banking (JSCCIB), a coalition of prominent business associations, has compiled a detailed White Paper, outlining a multi-faceted approach to tackle the pressing issues and unlock Thailand’s full economic potential. This White Paper was recently presented to the Prime Minister during a meeting between the Prime Minister and JSCCIB.
The JSCCIB’s White Paper identifies four key areas of focus: economic problem-solving, assistance for SMEs, water management, and enhancing the country’s competitiveness. Within these areas, the private sector has proposed a range of policy measures, including:
Reducing the burden of living costs for the public and operating costs for businesses i.e. controlling essential goods and services prices, restricting electricity and diesel fuel prices, increasing the minimum wage, and solving debt problems, especially non-performing auto loans.
Implementing energy price reductions and restructuring.
Implementing economic stimulus measures e.g. digital wallet, increasing purchasing power, Easy e-receipt, and other tax incentives.
Enhancing the competitive capabilities of entrepreneurs e.g. using data-driven strategies to promote Thai products on e-commerce platforms, increasing investment measures with a focus on local content, and imposing taxes on foreign digital services.
Supporting SME development i.e. easing loan approval requirements, promoting and pushing entrepreneurs towards adopting Smart SMEs, and improving laws and regulations to facilitate ease of doing business.
Developing a corporate digital authentication system (Corporate Digital ID).
Urgently overhauling regulations and procedures related to licensing and the use of technology in government operations.
Enhancing investment in the Eastern Economic Corridor (EEC) i.e. improving large-scale infrastructure, proposing incentives to encourage and attract investment in the EEC, and expanding the EEC to include Prachinburi province, which would significantly boost investment in the region.
Facilitating trans-shipment i.e. establishing a transshipment sandbox for container ships at Laem Chabang Port for a 1-year period.
Developing logistics infrastructure and promoting border trade, resolving restrictions and obstacles in transporting goods from Thailand to neighboring countries, and amending regulations to enhance the efficiency of importing and exporting goods.
Safeguarding domestic industries and enhancing the global standing of Thai products.
Promoting the transformation of the automotive industry e.g. transitioning from combustion engines to future vehicles, expanding and maintaining the automotive production base.
Promoting a Green Economy or Eco-friendly Economy, including bioeconomy, circular materials, and waste symbiosis.
Implementing policies to foster a cashless and digital economy and providing tax incentives for businesses adopting transition finance and green investments.
Implementing policies to attract foreign investment and establish Thailand as a regional economic hub.
The JSCCIB believes that the partnership between the government and the private sector will effectively implement the proposed measures to address economic challenges and revitalize Thailand’s economy. The ambitious target is to achieve a sustainable GDP growth rate of 3-5% or more in the near future.
Key Takeaways from the White Paper:
Easing the Burden: The strategy calls for measures to reduce the burden of living costs for the public and operating costs for businesses. This includes controlling the prices of essential goods and services, restricting electricity and diesel fuel prices, increasing the minimum wage, and solving debt problems, particularly non-performing auto loans.
Boosting Competitiveness: The proposals aim to enhance the competitive capabilities of entrepreneurs and promote Thai products. This involves using data-driven strategies to market Thai goods on e-commerce platforms, increasing investment measures with a focus on local content, and imposing taxes on foreign digital services.
Empowering SMEs: The White Paper emphasizes the need to support SME development, including easing loan approval requirements, promoting the adoption of smart technologies, and improving laws and regulations to facilitate ease of doing business.
Strengthening Infrastructure and Trade: The strategy underscores the importance of developing logistics infrastructure and fostering cross-border trade. This includes facilitating transshipment at Laem Chabang Port, resolving restrictions in transporting goods to neighboring countries, and amending regulations to enhance the efficiency of importing and exporting.
Regulatory Overhaul: The JSCCIB calls for an urgent overhaul of regulations and procedures related to licensing and the use of technology in government operations, recognizing the need to streamline bureaucratic processes.
Embracing Sustainability: The proposals incorporate a strong emphasis on promoting a green and sustainable economy, including the transition towards a circular economy, the bioeconomy, and the transformation of the automotive industry.
Digital Transformation: The strategy underscores the significance of digital transformation, with initiatives such as the development of a corporate digital authentication system and the promotion of a cashless and digital economy.
Technology: Thailand Accelerates Digital Transformation through National Digital Economy and Society Committee Initiatives
Thailand’s National Digital Economy and Society Committee (NDESC) recently convened its third meeting of 2024, steering the country’s digital transformation agenda forward on multiple fronts. Chaired by the Deputy Prime Minister and Minister of Digital Economy and Society, the high-level committee reviewed and endorsed several key initiatives aimed at modernizing government operations, enhancing public service delivery, and bolstering the nation’s digital infrastructure and cybersecurity.
e-Office:
A primary focus of the meeting was the expanded use of electronic documents within the government’s e-Office system, which operates on the Government Data Center and Cloud Service (GDCC) platform. The committee set an ambitious target of reaching 3 million e-Office users by 2027, underscoring the administration’s commitment to digitalizing public administration and transitioning towards a truly paperless governance model.
Cloud First Policy:
In parallel, the NDESC oversaw the progress of various specialized sub-committees tasked with driving specific aspects of the digital agenda. This included the Cloud First Policy committee, which is working to establish legal frameworks and management standards for the government’s adoption of cloud computing services. Additionally, a dedicated sub-committee was formed to oversee the integration and optimization of the country’s nationwide network of closed-circuit television (CCTV) systems, aimed at reducing redundancies, lowering costs, and enabling more effective data utilization.
Smart City:
Beyond the digitalization of government operations, the NDESC also prioritized the acceleration of smart city development across Thailand. Recognizing the transformative potential of connected urban environments, the committee placed this strategic initiative under the purview of the Committee for Promotion and Development of Digital for Economy and Society, ensuring a coordinated, whole-of-government approach to urban modernization.
Cybersecurity Safeguards:
Complementing these technological advancements, the NDESC also addressed the critical issue of cybersecurity. Tasking the National Cyber Security Agency (NCSA) to develop comprehensive guidelines for government agencies, the committee aimed to bolster the protection of personal data and mitigate the risks of information leaks, a pressing concern in the digital age.
Through these multifaceted initiatives, Thailand’s National Digital Economy and Society Committee is spearheading the country’s digital transformation journey, leveraging the power of technology to modernize public services, enhance economic competitiveness, and safeguard national interests in the rapidly evolving digital landscape.
Key Takeaways:
The National Digital Economy and Society Committee (NDESC) chaired a meeting to discuss important initiatives for driving the country’s economic and social development through digital transformation.
The meeting reviewed the progress on the use of electronic documents in the e-Office system under the Government Data Center and Cloud Service (GDCC), aiming to have 3 million users by 2027.
The committee discussed the progress of various sub-committees established under the Digital Development for Economy and Society Act, including those focused on cloud computing policies, legal frameworks for government cloud procurement, and cloud service management standards.
The NDESC endorsed the acceleration of smart city development, with the Smart City initiative now falling under the purview of the Committee for Promotion and Development of Digital for Economy and Society.
The committee also addressed the need to integrate and optimize the use of closed-circuit television (CCTV) systems nationwide, to reduce duplication and enable effective data management and utilization.
Regarding cybersecurity, the NDESC tasked the National Cyber Security Agency (NCSA) to propose guidelines for government agencies to prevent personal data leaks, which will be reviewed by the National Cyber Security Committee and the Cabinet.
New Regulation to Protect Consumers in COD Transactions
Thailand’s digital economy is set to see significant changes with the introduction of new regulations governing Cash on Delivery (COD) services. Following our previous article on the Thailand Implements Comprehensive Regulations for Cash-on-Delivery (COD) Services to Enhance Consumer Protection, the new regulation, titled “Designating Goods Delivery Services with Cash on Delivery as a Business with Controlled Receipt of Payment Items B.E. 2567 (2024),” will come into effect on 3 October 2024.
Under the new rules, logistics providers offering COD services will be required to include essential details on shipping documents. These include information about the sender, the logistics company, and the name and surname of the person receiving payment, along with a parcel tracking number. This increased transparency aims to enhance accountability in online transactions.
A key feature of the regulation is the mandatory 5-day holding period for payments. Logistics companies must retain the payment for five days before transferring it to the seller. This provision gives consumers a reasonable timeframe to report issues and request refunds if problems arise with their purchases.
The regulation also empowers consumers with the right to inspect goods before making payment. If upon inspection, the items are found to be different from what was ordered or have quality issues, consumers can refuse payment and reject the delivery on the spot.
Detailed Consumer Rights for Refunds and Returns
The new regulation provides specific scenarios where consumers are entitled to refunds:
If the received goods do not match the order or are defective, the business operator must accept the return from the consumer, send it back to the sender, and refund the consumer.
In cases where the consumer did not order the goods but received and paid for them if it can be proven that the consumer did not place the order, the business operator must accept the return and refund the consumer.
When the business operator receives payment from the consumer, they must hold the funds for five days from the date of delivery and payment. If the consumer does not request a refund within this period, the business operator can then transfer the money to the sender. However, if the consumer reports issues within the five-day period (such as receiving unordered goods, mismatched orders, or defective items), and the business operator confirms these issues after inspection, they must refund the full amount to the consumer within 15 days of receiving the complaint. The goods are then returned to the sender.
If the consumer receives and opens the package in the presence of the business operator, the process must be documented through photographs, video, or other evidence. If both parties find that the goods do not match the order or are defective, the consumer has the right to refuse acceptance of the goods.
It is important to note that these refund criteria do not apply to cases where consumers request refunds for reasons other than those specified above.
This comprehensive approach to regulating COD services reflects the government’s commitment to addressing the challenges in the rapidly growing e-commerce sector. By providing clearer guidelines and stronger consumer protections, the regulation aims to boost confidence in online shopping and promote a more trustworthy digital marketplace in Thailand.
Key Takeaways:
New regulation for Cash on Delivery (COD) services effective October 3, 2024
Aims to address issues in online shopping using COD
Requires detailed information on shipping documents
ETDA Guidelines for e-Transactions and e-Contracts: A Comprehensive Guide
Introduction
The Electronic Transactions Development Agency (ETDA) of Thailand has issued Guidelines for Conducting Electronic Transactions or Contracts under the Electronic Transactions law. These guidelines aim to facilitate the practical application of technology and electronic transaction laws in everyday dealings while establishing a standardized framework for e-transactions and e-contracts (collectively referred to as e-Contracts).
Key Phases of e-Contract Management
The Guidelines outline standards for three main phases of e-Contract management:
Creation of the e-Contract
Maintenance of the e-Contract
Conversion between e-Contract and printout
Phase 1: Creation of the e-Contract
1.1 Drafting: e-Contracts can be created using any available means, provided they remain accessible and usable in the future without its meaning being altered. Common applications include Microsoft Word and Google Docs.
1.2 Electronic Signature: It must identify the signatory and indicate approval of information contained therein. Valid methods include trustworthy digital signatures and digital identification data (e.g., ThaiID application).
1.3 Electronic Seal: Similar to electronic signatures, it must identify the seal owner and indicate approval of information contained therein. Options include embedding a seal image or using identification certificates.
1.4 Finalization: To ensure admissibility as evidence, the e-Contract’s originality must be provable from creation to completion, often using digital signatures, electronic timestamps, or electronic seals.
1.5 Stamp Duty: For contracts requiring stamp duty, electronic payment through the Revenue Department is allowed, with the reference number and receipt annexed to the e-Contract.
Phase 2: Maintenance of e-Contract
2.1 The e-Contract must remain accessible and unaltered in content (changes to fonts or formatting are acceptable if they do not affect the content).
2.2 An event log must be maintained, recording the origin, recipient, date, and time of sending or receiving the e-Contract.
Phase 3: Conversion Between e-Contract and Printout
3.1 Printout to e-Contract: Content and format must remain unaltered, using ETDA-approved technologies. The converter’s identity must be recorded.
3.2 e-Contract to Printout: This must be printed from the original e-Contract and reviewed for complete accuracy.
Key Takeaways
The ETDA Guidelines provide a comprehensive framework for creating, maintaining, and converting e-Contracts in Thailand.
Electronic signatures and seals must be capable of identifying the signatory/sealer and indicating their approval of the information contained therein.
The originality and integrity of e-Contracts must be maintained throughout their lifecycle to ensure legal admissibility.
Stamp duty can be paid electronically and attached to the e-Contract.
Conversion between electronic and physical formats must preserve the content and, in most cases, the formatting of the original document.
These guidelines promote the use of technology in everyday transactions while ensuring the security and legal validity of e-Contracts.
As technology evolves, adherence to these guidelines will become increasingly important for businesses and individuals engaging in electronic transactions.
EU AI Act: Implications for Thailand and its Influence on Thai AI Legal Instruments
The European Union’s pioneering approach to regulating Artificial Intelligence (AI) has set a new global standard, with implications reaching far beyond its borders. On 21 May 2024, the European Council formally adopted the EU AI Act, scheduled for full enforcement by 2 August 2026. This landmark legislation aims to mitigate potential harm from AI usage while fostering innovation.
The EU AI Act employs a risk-based approach, categorizing AI systems into four levels:
Unacceptable Risk: Prohibited AI systems that pose threats to human rights, such as social scoring systems and real-time face recognition systems.
High-Risk: AI systems are required to meet specific requirements and undergo conformity assessments, including biometric identification and critical infrastructure systems.
Limited-Risk: AI systems that must fulfill obligations before market entry, such as deepfakes and chatbots.
Minimal-Risk: AI systems that must adhere to a code of conduct, including speech recognition and spam filtering systems.
The EU AI Act also introduces AI Regulatory Sandboxes, monitored by National Competent Authorities, to ensure compliance before market deployment.
Impact on Thailand
While Thailand is not an EU member, the EU AI Act’s influence extends globally, presenting both challenges and opportunities:
Legal Framework Development: The Act provides a blueprint for Thailand to develop robust AI laws and regulations.
Business Performance Enhancement: Thai AI-related businesses may need to elevate their standards to operate in the EU market, indirectly improving the domestic AI industry.
Access to Advanced AI Systems: Thailand may benefit from the influx of high-standard AI systems developed under EU regulations.
Thai AI Legal Instruments in Development
Influenced by the EU AI Act, Thailand is currently drafting three main legal instruments:
The Draft Act on the Promotion and Support of AI Innovations in Thailand: This act establishes general rules, requirements, and authorities for AI control. While influenced by the EU AI Act, it relies more on subordinate laws for specific requirements. Uniquely, it includes provisions for reimbursing damage caused by AI use when no responsible party can be identified.
The Draft Royal Decree on Business Operations that Use Artificial Intelligent Systems: This decree adopts the EU’s risk-based approach and requirements for High-Risk AI. However, it defers detailed explanations to sub-regulations. It also includes administrative and criminal penalties for non-compliance.
The Draft Notification of Electronic Transactions Development Agency Re: AI Sandbox: This notification focuses on AI Sandboxes, crucial for pre-market implementation testing. Unlike the EU’s mandatory approach, Thailand’s AI Sandbox is voluntary.
Key Differences and Adaptations
While heavily influenced by the EU AI Act, Thailand’s approach shows some notable differences:
Regulatory Depth: Thai drafts often defer detailed requirements to subordinate laws, whereas the EU AI Act provides comprehensive explanations within the main legislation.
Enforcement Approach: Thailand includes specific provisions for penalties and damage reimbursement, which are not as explicitly outlined in the EU AI Act.
Sandbox Implementation: Thailand opts for a voluntary AI Sandbox approach, contrasting with the EU’s mandatory system.
Conclusion
The EU AI Act marks a significant milestone in AI regulation, influencing global approaches including Thailand. While Thailand is not obligated to follow EU standards, the similarities in their developing legal instruments highlight the EU AI Act’s far-reaching impact. As Thailand continues to refine its AI legal framework, it balances adopting international best practices with tailoring regulations to its specific needs and context.
As the global AI landscape evolves, Thailand’s proactive approach in developing comprehensive AI regulations is to navigate the challenges and opportunities presented by this transformative technology.
Key Takeaways
EU has passed the first AI Act which will be fully enforced by 2 August 2026.
The EU AI Act uses risk-based approaches to prevent the possible harm to human.
The EU AI Act does affect Thailand in the field of commercialization and legalization.
Thailand does not have the burden to follow EU AI Act. However, Thailand heavily influenced by EU AI Act in the process of drafting.
