Tag: Law Amendment

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Big Data: Thailand Approves National Strategy to Accelerate AI and Data-Driven Economy

Thailand’s Cabinet has acknowledged the draft National Big Data Strategy, establishing the country’s first comprehensive policy framework for the development and use of big data as a foundation for digital government, artificial intelligence (AI), and a data-driven economy.

The strategy is intended to provide a unified direction for government agencies to improve data management, strengthen digital infrastructure, and promote the practical use of data in both the public and private sectors.

Why the strategy matters:

Although the strategy is not legislation and does not itself impose new legal obligations, it signals the Government’s long-term policy direction. Businesses operating in Thailand—particularly technology companies, cloud service providers, AI developers, healthcare providers, financial institutions, and organizations handling government-related data—should expect increased public investment and regulatory attention in data governance and AI.

The strategy also reinforces the Government’s objective of using data as a strategic national asset to improve public administration, support economic growth, and enhance Thailand’s digital competitiveness.

Key objectives:

According to the announcement, the strategy seeks to:

  • establish an integrated national big data ecosystem;
  • improve evidence-based policy making through better use of government data;
  • support AI adoption across government and industry;
  • enhance Thailand’s digital competitiveness; and
  • promote responsible and systematic use of data.

The Government has also set measurable goals, including increasing the economic value generated from big data and positioning Thailand among the world’s leading countries in big data capability.

Four strategic pillars:

The strategy consists of four principal initiatives.

1. Building national data infrastructure

The Government plans to strengthen core digital infrastructure through initiatives such as:

  • Government Cloud;
  • Government Data Catalog; and
  • National Big Data Platform.

These projects are intended to improve interoperability and enable more effective data sharing among government agencies.

2. Expanding practical use of data

The strategy encourages wider use of data analytics to address national priorities, including:

  • healthcare;
  • tourism;
  • environmental management;
  • agriculture; and
  • trade and economic development.

This reflects the Government’s intention to move beyond data collection toward data-driven decision-making.

3. Accelerating AI adoption

A significant component of the strategy is the promotion of AI across the public and private sectors.

The Government intends to:

  • expand AI applications in government services and industry;
  • support development of Thai-language AI models; and
  • establish datasets suitable for AI development.

These initiatives may create opportunities for AI developers, cloud providers, data platform operators, and businesses offering AI-enabled solutions.

4. Developing human capital

Recognizing that technology alone is insufficient, the strategy also emphasizes workforce development by increasing the number of professionals with expertise in big data and AI.

The Government aims to significantly expand the pool of skilled personnel capable of supporting Thailand’s digital transformation.

Legal and regulatory implications:

The strategy itself does not amend Thailand’s existing legal framework, including laws governing personal data protection, cybersecurity, or digital government.

Nevertheless, it indicates that future regulatory and policy initiatives are likely to focus on:

  • enhanced government data governance;
  • improved standards for data interoperability;
  • greater integration of public-sector datasets;
  • expanded use of AI in government services; and
  • stronger digital infrastructure supporting government cloud and data-sharing initiatives.

Organizations participating in government projects or processing government-related data should therefore continue monitoring future implementing measures, technical standards, procurement requirements, and sector-specific regulations that may follow.

Looking ahead:

The National Big Data Strategy represents an important policy milestone in Thailand’s digital transformation agenda. While much of its implementation will depend on future projects, funding, and regulatory measures, the strategy demonstrates the Government’s commitment to treating data and AI as key drivers of economic development and public-sector modernization.

For businesses, the announcement suggests increasing opportunities in AI, cloud computing, digital infrastructure, and government technology, while reinforcing the importance of robust data governance and regulatory compliance.

Key takeaways:

  • Businesses involved in AI, cloud services, digital infrastructure, and government technology should monitor future implementing regulations, technical standards, and procurement initiatives arising from the strategy.
  • Thailand has adopted its first comprehensive national strategy for big data development.
  • The strategy serves as a policy framework rather than creating immediate legal obligations.
  • Four priorities include national data infrastructure, wider use of data analytics, AI adoption, and workforce development.
  • Government investment is expected to accelerate in cloud infrastructure, data platforms, and AI ecosystems.

Author: Panisa Suwanmatajarn, Managing Partner.

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

Nominees: A Threat to Thailand’s Economy

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

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

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

Background

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

Legal Basis

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

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

It consolidates existing requirements by repealing two earlier orders:

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

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

New Legal Requirements

1. Registration of Incorporation

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

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

Supporting documents required at incorporation

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

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

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

2. Amendment Registrations Involving Foreign Nationals

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

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

3. Additional Requirements for Recently Incorporated Entities

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

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

Legal Significance

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

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

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

Key Takeaways

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

Author: Panisa Suwanmatajarn, Managing Partner.

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

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

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

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

Legal basis for inter-agency disclosure:

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

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

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

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

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

From isolated databases to connected government:

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

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

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

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

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

Government agencies may be required to disclose information:

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

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

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

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

The receiving agency also assumes obligations:

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

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

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

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

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

Targeted welfare and government services:

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

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

Electronic linkage can potentially change this process.

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

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

Transparency and law enforcement:

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

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

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

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

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

Data sharing does not mean unrestricted data use:

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

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

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

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

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

Relationship with personal data protection requirements:

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

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

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

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

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

A significant step toward data-driven government:

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

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

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

The corresponding challenge is governance.

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

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

Key Takeaways:

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

Author: Panisa Suwanmatajarn, Managing Partner.

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

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

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

A New Regulatory Framework for Digital Platforms:

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

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

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

The Emerging Question of Platform Liability:

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

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

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

Fee Transparency and Fairness:

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

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

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

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

From Voluntary Guidance to Legal Accountability:

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

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

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

Preparing for the Next Stage of Platform Regulation:

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

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

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

Key Takeaways:

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

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand Moves Toward a Dedicated Regulatory Framework for Data Centers

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

Background:

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

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

Proposed regulatory framework:

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

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

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

Addressing fragmented regulation:

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

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

Greater focus on infrastructure and resource management:

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

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

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

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

Different treatment for existing and future projects:

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

Existing operating facilities

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

Approved projects under development

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

Future applicants

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

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

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

Potential changes to location planning:

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

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

What investors should watch:

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

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

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

Key takeaways:

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

Author: Panisa Suwanmatajarn, Managing Partner.

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

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

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

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

Benefits for Thai Business Operators and Local Investors

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

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

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

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

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

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

Preparation for Thai Business Operators and Investors

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

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

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

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

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

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

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

Author: Panisa Suwanmatajarn, Managing Partner

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Integrating Cybersecurity, Fraud Response, and PDPA Compliance: Practical Implications of the Proposed Digital Channel Security Framework

The Bank of Thailand (BOT) has released a proposed Digital Channel Security framework that would strengthen expectations for authentication, fraud prevention, incident response, and the governance of digital financial services. While the proposal focuses primarily on enhancing the security and resilience of digital channels, financial institutions should not view these requirements in isolation.

In practice, a single cybersecurity incident frequently triggers multiple legal and regulatory obligations simultaneously. For example, an account takeover resulting from a phishing attack may require an institution to activate its cybersecurity incident response procedures, implement fraud mitigation measures, assess whether a personal data breach has occurred under the Personal Data Protection Act (PDPA), evaluate outsourcing or third-party service provider involvement, and make appropriate internal and regulatory notifications.

Although these obligations arise from different legal and regulatory sources, organizations may benefit from managing them through a coordinated incident response framework. This article examines the practical implications of the proposed BOT framework alongside existing obligations under the PDPA and broader operational governance practices.

From cybersecurity to operational resilience:

The proposed framework reflects an increasing regulatory emphasis on operational resilience rather than viewing cybersecurity solely as an information technology function. It places greater focus on preventing, detecting, responding to, and recovering from threats affecting digital financial services while maintaining the continuity and integrity of critical operations.

At the same time, financial institutions should recognize that cybersecurity incidents rarely occur in isolation. A single event may involve operational disruption, attempted fraud, compromise of customer credentials, unauthorized disclosure of personal data, and third-party service providers. As a practical matter, organizations may therefore benefit from adopting governance arrangements capable of addressing these interconnected risks through a unified response process.

Governance beyond information technology:

The proposed framework emphasizes that responsibility for digital channel security extends beyond information security teams.

Boards of directors and senior management are expected to establish appropriate governance, oversee digital risks, allocate adequate resources, monitor security performance, and ensure that significant incidents are escalated appropriately.

From a broader governance perspective, institutions should also consider ensuring that legal, compliance, privacy, operational risk, business continuity, and customer service functions are integrated into incident management processes. This cross-functional approach can help organizations address multiple regulatory obligations efficiently when significant incidents occur.

Fraud prevention as part of digital channel security:

The BOT proposal places significant emphasis on fraud prevention through enhanced digital channel security. Proposed measures include stronger customer authentication, monitoring of suspicious activities, behavioral analysis, device identification, protection against phishing and social engineering attacks, and mechanisms for responding to suspicious transactions.

These expectations primarily seek to reduce fraud risks affecting digital financial services. However, successful fraud attacks frequently have wider legal implications. Unauthorized access to customer accounts may also involve compromised personal data, contractual issues with service providers, customer remediation, and regulatory reporting obligations. Institutions should therefore consider integrating fraud response procedures into broader cybersecurity governance rather than treating fraud management as a separate operational function.

Incident response across multiple regulatory frameworks:

The proposed framework expects institutions to establish formal incident response procedures covering detection, escalation, containment, investigation, recovery, and post-incident review.

In practice, these procedures should also enable organizations to identify other legal and regulatory obligations that may arise from the same incident. Depending on the circumstances, an incident may require parallel consideration of fraud management, operational resilience measures, contractual obligations, outsourcing arrangements, and personal data protection requirements.

Developing coordinated response procedures may help reduce duplication of effort, improve decision-making, and ensure that regulatory obligations are addressed consistently across different functions.

Interaction with the Personal Data Protection Act:

The proposed BOT framework does not replace or modify existing obligations under the PDPA. Rather, the two regimes operate alongside one another.

Where a cybersecurity incident involves unauthorized access to, disclosure of, alteration of, or loss of personal data, organizations should assess their obligations under the PDPA independently of the BOT framework. This may include determining whether a personal data breach has occurred, evaluating notification obligations, preserving relevant evidence, documenting response measures, and implementing appropriate remediation.

Accordingly, organizations may wish to ensure that privacy officers, legal counsel, and cybersecurity teams participate jointly in incident response planning and tabletop exercises so that both operational and data protection considerations are addressed from the outset.

Third-party risk management:

Digital financial services increasingly depend on cloud service providers, payment processors, managed service providers, software vendors, and other external partners.

The proposed framework reinforces expectations regarding oversight of third-party service providers throughout the outsourcing lifecycle. Institutions should conduct appropriate due diligence, establish contractual security requirements, monitor vendor performance, and ensure that incident reporting and business continuity arrangements are clearly defined.

Because cybersecurity incidents involving third parties may also raise fraud and personal data protection issues, organizations should consider aligning vendor management processes with their broader incident response and compliance frameworks.

Documentation and evidence of compliance:

The proposed framework places considerable emphasis on governance, accountability, and demonstrating that appropriate controls are in place.

Organizations should maintain comprehensive records of cybersecurity governance, risk assessments, incident response activities, testing, training, vendor oversight, and business continuity exercises. From a broader compliance perspective, documentation should also support obligations arising under other applicable legal frameworks, including the PDPA and contractual commitments relating to outsourced services.

Maintaining complete records may facilitate regulatory engagement, internal investigations, and post-incident reviews while demonstrating that reasonable organizational and technical measures have been implemented.

Practical considerations:

As organizations prepare for the proposed framework, they may wish to assess not only technical cybersecurity controls but also how different compliance functions interact during a significant incident.

Areas for review may include:

  • governance and board oversight;
  • coordination among cybersecurity, legal, compliance, privacy, and operational teams;
  • fraud detection and response procedures;
  • customer authentication controls;
  • third-party risk management;
  • incident reporting and escalation processes;
  • documentation and recordkeeping; and
  • operational resilience testing and tabletop exercises.

An integrated approach may improve organizational readiness while reducing the risk that separate regulatory obligations are managed through disconnected processes.

Key takeaways:

  • The proposed BOT Digital Channel Security framework primarily addresses digital channel security, fraud prevention, governance, and operational resilience.
  • Existing obligations under the PDPA continue to apply independently where cybersecurity incidents involve personal data.
  • A single cyber incident may simultaneously trigger cybersecurity, fraud management, personal data protection, outsourcing, and operational governance obligations.
  • Although these obligations arise under different legal and regulatory frameworks, organizations may benefit from managing them through an integrated incident response framework.
  • Financial institutions should consider reviewing governance structures, cross-functional coordination, and documentation practices to improve operational resilience and regulatory compliance.

Author: Panisa Suwanmatajarn, Managing Partner

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Billing Software Requirements vs. Electronic Invoicing Requirements

Executive Summary:

As governments continue to digitalize tax administration, businesses are increasingly expected to adopt electronic invoicing solutions that comply with evolving regulatory requirements. Although the terms billing software and electronic invoicing are often used interchangeably, they represent distinct concepts that serve different commercial and legal functions.

In Thailand, billing software is not subject to a dedicated statutory or regulatory framework. Businesses are generally free to select accounting, billing, or enterprise resource planning (ERP) systems that best support their commercial operations, provided they comply with the Revenue Code and other applicable laws. Electronic invoicing, by contrast, is governed by the Revenue Department’s e-Tax Invoice & e-Receipt framework, which establishes the legal and technical requirements for issuing electronic tax invoices recognized for VAT purposes.

Understanding the distinction between these concepts is important for businesses implementing digital invoicing solutions. A billing system that efficiently generates commercial invoices does not necessarily satisfy the legal requirements for issuing electronic tax invoices. Businesses should therefore evaluate their invoicing systems not only from an operational perspective but also from a tax compliance standpoint.

Introduction:

Digital transformation has fundamentally changed the way businesses prepare invoices, maintain accounting records, and comply with tax obligations. Around the world, tax authorities have introduced electronic invoicing regimes to improve tax compliance, enhance transparency, and reduce administrative burdens for both taxpayers and regulators.

Although electronic invoicing has become an increasingly common feature of modern tax systems, countries have adopted different regulatory approaches. Some jurisdictions regulate the software used to generate invoices, while others focus on the legal validity and technical characteristics of the electronic tax documents themselves.

Thailand follows the latter approach. Rather than regulating billing software as a separate category of software, Thai law establishes a framework governing the issuance of electronic tax invoices through the Revenue Department’s e-Tax Invoice & e-Receipt system. Consequently, businesses remain free to use their preferred accounting or ERP software, provided that the electronic tax documents generated by those systems comply with the applicable legal and technical requirements.

For businesses operating in Thailand, particularly multinational enterprises implementing global ERP platforms, understanding the distinction between billing software and electronic invoicing is essential. While both are integral components of modern financial management, they perform different functions and are subject to different legal considerations.

Billing Software:

Billing software generally refers to applications used by businesses to prepare invoices, calculate taxes, record payments, manage customer accounts, and maintain accounting records. These functions support day-to-day commercial operations and are commonly integrated into accounting software or ERP systems.

Unlike some jurisdictions that regulate invoicing software, Thailand does not currently impose a dedicated legal or regulatory regime governing billing software itself. There is no statutory requirement for billing software to be licensed, certified, or approved by the Revenue Department before it can be used by businesses. Instead, Thai law focuses on the legal sufficiency of the invoices and accounting records generated by the software.

This does not mean that businesses have complete discretion in how billing systems are used. Regardless of the software selected, businesses remain responsible for ensuring that invoices comply with the Revenue Code, VAT is correctly calculated where applicable, accounting records are properly maintained, and supporting documentation is available for inspection by the tax authorities.

Accordingly, compliance under Thai law depends not on the software itself, but on whether the business uses that software in a manner that satisfies its statutory obligations. A business may therefore choose from a wide range of commercial accounting platforms, cloud-based invoicing applications, or ERP systems without obtaining prior approval from the Revenue Department.

Electronic Invoicing:

Electronic invoicing serves a different purpose. Rather than facilitating internal billing processes, it establishes the legal framework under which electronic tax invoices are recognized for VAT purposes.

Thailand’s electronic invoicing regime is principally governed by the Revenue Code, supplemented by the Electronic Transactions Act, Ministerial Regulation No. 384, and Revenue Department notifications prescribing the technical standards for electronic tax documents. Collectively, these instruments enable tax invoices and receipts to be created, transmitted, and retained electronically while ensuring their authenticity, integrity, and reliability.

Businesses wishing to issue electronic tax invoices under the Revenue Department’s e-Tax Invoice & e-Receipt framework must comply with prescribed legal and technical requirements. These include registration with the Revenue Department, generation of electronic tax documents in the prescribed format, use of appropriate electronic authentication mechanisms, transmission through approved channels where applicable, and maintenance of electronic records in accordance with the Revenue Department’s requirements.

An important characteristic of the Thai framework is that it regulates the electronic tax document rather than the accounting software used to produce it. Consequently, businesses may continue using their existing accounting or ERP systems, provided those systems are capable of generating electronic tax invoices that comply with the Revenue Department’s technical specifications. In practice, many businesses achieve this through system localization or integration with specialized e-Tax solutions or authorized service providers.

Thailand currently provides two principal electronic invoicing models. The e-Tax Invoice & e-Receipt system is designed for businesses requiring full electronic integration, while the e-Tax Invoice by Email system provides a simplified alternative for eligible businesses. Although both systems enable businesses to issue legally recognized electronic tax invoices, they differ in their technical implementation and authentication methods.

Key Takeaways:

  • Thailand does not regulate billing software as a separate legal category or require billing software to be certified or approved by the Revenue Department.
  • The Revenue Department’s e-Tax Invoice & e-Receipt framework governs the issuance of legally recognized electronic tax invoices and establishes the applicable technical and procedural requirements.
  • A commercial invoice generated by billing software does not automatically constitute an electronic tax invoice for VAT purposes.
  • Businesses implementing accounting or ERP systems should evaluate both operational functionality and compliance with Thailand’s e-Tax requirements.
  • Early coordination among finance, tax, legal, and information technology functions can help ensure a successful implementation of electronic invoicing while supporting long-term digital tax compliance.

Source: International Comparison July 2026: Global Legal Market Analysis

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Consumer Enforcement Intensifies for EV Businesses as Complaint Cases Rise and Labeling Expectations Increase

Thailand’s consumer protection regulator has signaled a more assertive enforcement approach toward the electric vehicle (EV) sector through two related developments. First, it has indicated its readiness to initiate legal proceedings on behalf of consumers in appropriate EV dispute cases. Second, it has issued new guidance consolidating labeling requirements for automobiles, electric vehicles, and used cars.

Although neither development introduces new legislation, together they demonstrate heightened regulatory scrutiny of the automotive industry and provide valuable insight into the regulator’s current enforcement priorities. Manufacturers, importers, distributors, dealers, service centers, and online vehicle marketplaces should treat these developments as an opportunity to reassess their compliance and dispute management frameworks.

Increased Enforcement Risk from EV Consumer Complaints:

The Office of the Consumer Protection Board (OCPB) has reported a significant number of consumer complaints relating to electric vehicles, with a substantial portion already progressing through legal procedures. The agency has confirmed that it has begun issuing formal demand letters in cases supported by sufficient documentation and has reiterated its statutory authority to commence legal proceedings on behalf of consumers where the legal requirements are satisfied.

This represents an important enforcement signal. Rather than merely facilitating mediation between consumers and businesses, the regulator has indicated its willingness to escalate suitable cases into formal litigation.

The risk is particularly significant where multiple complaints arise from the same product model, manufacturing issue, software defect, battery performance concern, warranty practice, or recurring after-sales service problem. A pattern of similar complaints may increase regulatory attention and expose businesses to coordinated enforcement actions, representative litigation, or broader product liability claims.

Businesses operating within the EV supply chain should therefore review whether existing complaint-handling mechanisms are capable of identifying systemic issues before they evolve into regulatory investigations or court proceedings.

Strengthened Expectations for Vehicle Label Compliance:

Separately, the OCPB has published an electronic handbook consolidating labeling requirements applicable to automobiles, electric vehicles, and used vehicles.

The publication emphasizes information that consumers commonly rely upon when making purchasing decisions, including battery specifications, driving range, testing standards, pricing information, warranty coverage, and the disclosure of material vehicle history for used vehicles.

Although the handbook itself is not legally binding, it provides a clear indication of the regulator’s compliance expectations. It reinforces that automobiles and electric vehicles remain controlled labeling products under consumer protection law and that incomplete, inaccurate, or misleading information may expose businesses to regulatory enforcement.

The guidance also illustrates that compliance extends beyond physical labels. Regulators are increasingly likely to examine whether information presented across all customer-facing channels remains accurate and consistent.

Businesses should therefore review:

  • labels displayed at dealerships and points of sale;
  • information published on corporate websites and online marketplaces;
  • brochures and sales presentations used by sales personnel;
  • representations concerning driving range and the testing methodology used, such as WLTP or NEDC;
  • battery capacity, expected degradation, warranty scope, and warranty exclusions;
  • disclosures relating to collision history, flood damage, major repairs, and battery replacement for used vehicles; and
  • consistency between information published by manufacturers, importers, dealers, and affiliated sales channels.

Claims relating to vehicle performance, battery longevity, operating costs, sustainability, resale value, or environmental benefits should be supported by appropriate technical evidence and internal documentation before publication.

Litigation Readiness and Document Preservation:

These developments also highlight the importance of litigation preparedness.

Businesses should consider establishing a centralized process for collecting and analyzing customer complaints to determine whether recurring issues indicate broader product or service risks.

At the same time, organizations should preserve relevant evidence, including:

  • sales documentation;
  • warranty records;
  • repair histories;
  • technical diagnostic reports;
  • replacement part records;
  • communications with customers;
  • call center recordings;
  • email correspondence;
  • mobile application records; and
  • connected vehicle diagnostic data.

Where disputes may reasonably be anticipated, organizations should consider implementing litigation hold procedures to reduce the risk of inadvertent deletion of potentially relevant evidence.

Companies should also review contractual risk allocation among overseas manufacturers, importers, dealers, distributors, and service centers, including indemnity provisions and responsibilities for handling product defects, recalls, warranty claims, and consumer litigation.

Data Protection Considerations:

Responding to consumer complaints frequently requires the collection and sharing of customer information, vehicle service histories, location information, and connected vehicle diagnostic data. Much of this information may constitute personal data under the Personal Data Protection Act.

Organizations should ensure that internal investigations and litigation response procedures incorporate appropriate data governance measures, including clearly defined access controls, documented processing purposes, retention periods, and secure mechanisms for sharing information with external counsel, technical experts, and other authorized parties.

Integrating consumer protection compliance with data governance can reduce both regulatory and litigation risks while supporting more effective dispute management.

Key Takeaways:

  • Organizations should strengthen complaint management, evidence preservation, document retention, contractual risk allocation, and data governance processes to prepare for increased regulatory scrutiny and potential consumer litigation.
  • The OCPB’s indication that it is prepared to commence litigation on behalf of consumers represents a significant escalation in consumer protection enforcement affecting the EV industry.
  • Businesses should not view repeated consumer complaints as isolated customer service matters but as potential regulatory and litigation risks requiring centralized oversight.
  • The newly published vehicle labeling handbook, although not legally binding, demonstrates higher regulatory expectations regarding the accuracy, completeness, and consistency of vehicle-related information across all sales channels.
  • Automotive businesses should review advertising claims, warranty disclosures, battery-related representations, and used vehicle disclosures to ensure they are fully substantiated.

Author: Panisa Suwanmatajarn, Managing Partner.

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TCCT Establishes Two Subcommittees to Strengthen Trade Competition Oversight

The Trade Competition Commission of Thailand (“TCCT”) has appointed two subcommittees to oversee digital platform businesses and to establish competition rules for modern wholesale and retail businesses (“Modern Trade”). The move is intended to curb unfair trade practices and strengthen law enforcement in step with rapidly evolving trade dynamics.

1. Subcommittee on Considering Guidelines for the Oversight and Deterrence of Trade Practices in Digital Platform Businesses

This subcommittee’s primary mandate is to study, analyze, and collect data on the business models, commercial conditions, and trade practices of digital platform businesses, and to assess their impact on trade competition, business operators, consumers, and other stakeholders. It will drive more intensive regulatory measures for digital platform businesses and prepare proposals, guidelines, codes of conduct, criteria, announcements, regulations, and policy recommendations for the TCCT’s consideration.

The subcommittee will also coordinate with government agencies, the private sector, business operators, and other relevant stakeholders across all sectors to oversee and deter trade practices that may affect competition in digital platform businesses, and to promote free and fair competition more broadly.

2. Subcommittee on Determining Guidelines and Action Plans Regarding Competitive Conditions in Modern Wholesale and Retail Businesses

This subcommittee is tasked with studying, analyzing, and monitoring the market structure of modern wholesale and retail businesses; building a database to analyze retail market concentration and its impact on small-scale operators; and recommending guidelines and measures for overseeing competition in the retail sector.

Objectives of the Subcommittees

The subcommittees will study trade practices in digital platforms and in the modern wholesale-retail market to keep pace with shifting business dynamics and to investigate practices with anti-competitive effects. Each subcommittee will determine oversight guidelines and accelerate the promotion of fair trade so all parties can compete on equal terms.

The subcommittees will integrate efforts across relevant agencies, apply existing law to address exploitation or competitive pressure affecting the majority of business operators nationwide, and enforce compliance with guidelines the TCCT has already issued — notably the TCCT Notification on Guidelines for Considering Unfair Trade Practices and Acts that Monopolize, Reduce, or Restrict Competition in Multi-Sided Platform Business Operations for Digital Platform Services of Goods or Services (E-Commerce), in effect since March 25, 2026. They will also continue overseeing platform service businesses and Modern Trade going forward.

Background

Rapidly shifting competitive conditions and an influx of foreign capital have affected domestic operators, particularly SMEs and small-scale retailers. This has driven a sharp rise in complaints to the TCCT concerning online trading practices and the expansion of retail formats into community areas.

A particular concern is the continued increase in Gross Profit (GP) fees — the revenue-share or fee percentages that merchants pay to platforms. Higher GP rates compress net margins for SMEs, which may in turn force price increases that are ultimately passed on to consumers.

According to TCCT data:

  • E-commerce platforms and Modern Trade are currently among the leading competition concerns for small-scale operators at the grassroots of the Thai economy. In the first six months of this year alone, 21 platform-related complaints were filed, involving transactions collectively worth hundreds of billions of baht.
  • During fiscal year 2025 (October 1, 2024 – September 30, 2025), the TCCT received 78 complaints in total. Of these, 40 were not accepted for consideration, 9 were settled, and the remaining 29 are under investigation — most involving platforms, franchises, logistics and transport, digital platforms, and general commerce.

Through its Mobile Competition Clinic project, the TCCT has previously conducted on-site visits in several provinces to hear directly from business operators. Findings included:

Krabi Province:

  1. Online platform issues, including being forced to use specific transport providers and reduced product visibility due to algorithmic ranking.
  2. Online Travel Agency (OTA) platform issues, including price-parity clauses that prohibit hotels from listing lower rates on their own websites than on OTAs.
  3. Unfair trade practices between SMEs and Modern Trade operators, including redundant fee charges and additional GP fees imposed without prior notice.
  4. Palm oil pricing structure issues affecting local farmers.

Chiang Mai and Lamphun Provinces:

  1. Online platform issues, including algorithmic ranking practices that favor a platform’s own affiliated transport services.
  2. Unfair trade practices between SMEs and Modern Trade operators, including credit-term disputes, GP fee collection, and unfair contract terms.
  3. Pricing issues in agricultural product procurement.

Current Priorities and Enforcement Timeline

The TCCT is accelerating proactive oversight across four key business groups: (1) digital platforms, (2) wholesale and Modern Trade, (3) ride-hailing platform services, and (4) online travel booking platforms (OTAs). The newly formed subcommittees will study, analyze, and propose oversight guidelines, and investigate practices affecting competition across all four groups, with findings due by the fourth quarter of 2026. This will include updated operational guidelines designed to keep pace with evolving trade practices.

This initiative marks a deliberate shift in the TCCT’s enforcement approach — from a largely reactive, complaint-driven model to proactive market inspections that do not wait for formal complaints. On-site visits to gather in-depth input from business operators will remain central to this approach, with the TCCT aiming to demonstrate tangible results within the next six months.

Author: Panisa Suwanmatajarn, Managing Partner.

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