Overview of Thailand’s Digital Platform Royal Decree: Offshore digital platform providers required to notify Thai regulator
April 17, 2023 9:57 am
The Royal Decree on the Operation of Digital Platforms which are Subject to Prior Notification B.E. 2565 (“Royal Decree“) was finally published in the Royal Gazette on 23 December 2022 and will take effect on 20 August 2023. The Royal Decree is the first regulation to specifically regulate the operation of both onshore and offshore digital platform services.
The Royal Decree regulates any intermediary online platform service that connects business users, consumers, or service users for the purpose of generating electronic transactions between themselves, with certain exemptions. Both existing onshore and offshore online platform service providers subjected to this Royal Decree are required to notify to Electronic Transactions Development Agency (ETDA) by 17 November 2023.
Key obligations under the Royal Decree also include (i) annual report of the prescribed details and notification of changes; (ii) notification to users of the terms and conditions which meet the minimum requirements under the Royal Decree; (iii) inserting the criteria used to rank, recommend or advertise goods and services into the terms and conditions; (iv) responses to unlawful or sensitive content; (v) implementation of complaint and remedial measures mechanisms; (vi) conducting risk assessments and putting in place measures for risk management; (vii) appointing a local coordinator for offshore providers; and (viii) in the event of business cessation, notification of business cessation to the ETDA.
Online platform providers should review if their business and structure are subjected to this Royal Decree and prepare for notification, revisit the current terms and conditions, and current complaint channels.
Currently, various draft sub-regulations under the Royal Decree are in the pipeline. Therefore, please monitor the developments periodically.
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This post was written by Baker McKenzie