You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 26, 2011

Clouds Looming Over New Computer Crimes Act

Bangkok Post, Corporate Counsellor Column

The proposed new Computer Crimes Act, which will supersede the 2007 Computer Crimes Act, has been introduced in an attempt to fill loopholes in the current legislation.

The new draft is aimed at those who perpetrate offenses and who have previously evaded liability. But there are concerns over whether the new law would be overly zealous in handing out harsh punishment to all offending parties, regardless of the severity of the crime involved.

Although the draft Act has similarities to the current Computer Crimes Act, there are new key sections that have been introduced, including definitions for “system administrator” and “Board” under Section 4. There have also been important additions to Sections 16 and 25 of the law, which detail offenses relating to any person who is found to be copying another person’s computer data and the penalties for possessing child pornography.

Section 16 of the draft has caused particular concern among the media, service providers, webmasters, companies, and even students, university professors, and other users because it stipulates that “copying” another person’s computer data will now be deemed a criminal offense.

This article analyzes Section 16 and highlights the possible repercussions of the proposed additions.

Section 16 of the draft provides that “any person who copies another person’s computer data illegally, in a manner that is likely to cause damage to such other person, shall be punished with imprisonment of not more than three years, or a fine not more than 50,000 baht, or both”.

The definition of “computer data” refers to data, statements, or sets of instructions (including electronic data) that are contained in a computer system, the output of which may be processed by a computer system, according to the Law of Electronic Transactions.

But the draft does not provide a definition for “copying”. As a result, “copying” could be interpreted to mean copying data, materials, or downloading a file from the internet, regardless of whether such material is copyrighted. Even accessing the internet and having temporary storage caches in a computer without consent could be deemed an offense. Such copying offenses will carry a maximum penalty of three years’ imprisonment.

The provision of Section 16 in regard to “illegally copying another person’s computer data, in a manner that is likely to cause damage to another person” is relatively broad in terms of its interpretation of the scope of an act that is “likely to cause damage”.

Copying or downloading text materials or images from the internet would seem to be a common everyday occurrence. Under the Thai Copyright Act, if materials or images are copyrighted, any copying or downloading of such materials or images from the internet will be regarded as reproduction, which requires permission from the copyright owner. Otherwise, it will be regarded as an infringement of the exclusive rights of the copyright owner.

But the Thai Copyright Act acknowledges certain exceptions, including the fair use exception for infringements such as “research or study of the work, which is not for profit” or “reproduction, adaption, exhibition, or making available such materials by a teacher for teaching purposes, when not done for profit”. The fair use exception can be applied provided that:

  1. Such use of the copyrighted work does not conflict with normal exploitation of such work by the copyright holder; and
  2. 2. It does not unreasonably prejudice the legitimate interests of the copyright holder.

The definition of a “system administrator” in the draft Act refers to a person “who has the right to access computer systems which provide services to permit others to access the internet, or to enable parties to connect by means of a computer system, regardless of whether this administration is for his or her own benefit or for the benefit of other persons.”

Internet service providers usually set up their automatic backup proxy servers when providing internet services to users. When accessing web browsers, the servers or computers will temporarily store information to allow quicker access to the internet. By having the information stored temporarily in such caches, the system administrator can unknowingly cause damage to other persons, and thus could face liability under Section 16, even without intending to use or knowing that the information is stored in the caches. The system administrator that is responsible for the computer system would face half the penalty under Section 16, which is an imprisonment term of 18 months, a fine of 25,000 baht, or both.

Under the provisions of Section 16 and the definition of “system administrator”, any user, internet service provider, or system administrator who has previously enjoyed copyright exemption could now be held liable under the new proposed draft.

It is likely that Section 16 will require further clarification before its promulgation, particularly the definition of the term “copying“ and the scope of actions that will be specifically deemed an offense under the new Computer Crimes Act.

RELATED INSIGHTS​ 

March 20, 2026
Thailand’s Board of Investment (BOI) now requires data center projects to demonstrate measurable benefits for local workforce development, R&D, SME capability, and domestic supply chains to qualify for corporate income tax (CIT) exemptions. BOI Notification No. Por. 3/2569, issued on February 6, 2026, updates the requirements for projects seeking promotion under BOI category 8.2.1 (data centers). All data center projects must now submit and implement plans covering development of Thai human resources and domestic supply chain support before benefiting from any CIT exemption. Human Resources Development Plan The BOI seeks to promote local talent development beyond basic training. Plans must include the following elements: Training for data center design, construction, and operations targeting vocational students, engineering and ICT undergraduates and postgraduates, and energy and building personnel in Thailand. Joint curricula with Thai universities and technical institutes. Collaborative R&D with Thai nationals or institutions in areas including AI, resource allocation, high-performance computing, and data center hardware and systems. Thai SME upskilling in electrical and energy systems and IT services. Domestic Supply Chain Support Plan Plans must demonstrate knowledge transfer in design, construction, cooling, security, and power and water management. Projects must also include usage or installation of domestically manufactured equipment or engage specialist domestic entities. Criteria for BOI Evaluation The BOI will assess data center operators’ eligibility for CIT incentives based on two criteria: Scale requirement: Training and joint-curriculum initiatives must reach a total participants equal to at least 10 times the project headcount and run for the duration of the CIT incentive. If this threshold is not met, the applicant must also implement continuous R&D or SME skills-development plans throughout the incentive period. Substantiality test: Supply-chain plans must be substantive, meet industry standards, and show measurable development of the domestic digital and data center supply base. To ensure compliance,
March 19, 2026
Thailand’s Electronic Transactions Development Agency (ETDA), which describes itself as a “co-creation regulator” working collaboratively with industry rather than imposing top-down rules, has unveiled its regulatory roadmap for digital platform businesses under the Royal Decree on Digital Platform Service Businesses B.E. 2565 (2022). The 2026 regulatory approach is guided by three core principles—“practicable, verifiable, shared responsibility”—aimed at elevating digital services to be safe, transparent, and fair. These principles inform ETDA’s 2026 priorities, which focus on three key dimensions: product and service standards on platforms, fair competition and fee transparency, and online fraud prevention. Product and Service Standards ETDA’s 2026 agenda addresses product and service standards across several platform categories: Online marketplace platforms. The Notification on Additional Measures for Online Marketplace Platforms under Section 18(2) came into force on December 31, 2025, designating 21 marketplace platforms that must verify products and merchants. Among other obligations, covered platforms must remove or suspend substandard products under the “notice and take down” principle. The ETDA has collaborated with the Food and Drug Administration and the Thai Industrial Standards Institute to develop inspection manuals and coordinate compliance procedures. Social commerce. The ETDA is preparing a new notification under Section 18(2) specifically targeting social commerce platforms with sales support functions, aiming to align regulation with evolving digital market conditions. Ride sharing. Since the postponement of the deadline to comply with the ETDA’s notification on ride-sharing platforms to March 31, 2026, the ETDA has supported drivers in registering with the Department of Land Transport through the Driver Verify registration system, which has already issued certifications to approximately 27,900 riders. The ETDA is also examining structural issues relating to appropriate insurance packages, motorcycle engine capacity expansion, and fair leasing fees and contract transfer costs in coordination with the Department of Land Transport, the Office of Insurance Commission,
March 19, 2026
Thailand’s Personal Data Protection Committee (PDPC) has launched a public consultation period to gather input for a forthcoming set of guidelines under the country’s Personal Data Protection Act (PDPA). This initiative follows the PDPC’s issuance of guidelines on consent and notification requirements in September 2022. The main consultation period, using an online questionnaire to gather feedback, runs until March 23, 2026. In addition, an interview-style online session for private-sector participants was held on March 17, and a two-day in-person event will be held on April 1–2—this is already fully booked and  walk-ins will not be accepted, but the session will be livestreamed on the PDPC’s Facebook page. The PDPC will use the public feedback to design draft guidelines that accurately reflect the operational realities of both public and private organizations, after which the guidelines will be shared with the public. Consultation Scope The PDPC has identified six priority areas for which upcoming guidance may be issued: Legal bases for processing: The online questionnaire assesses respondents’ understanding of consent requirements and seeks views on priority issues, such as explanations of the legal bases and considerations for selecting an appropriate legal basis depending on the nature of the processing activity. Security measures and data breach notification: The questionnaire examines respondents’ understanding of data breach reporting and security measure obligations. Topics proposed for inclusion in the guidelines include data breach prevention measures, incident response plans, risk assessment methods, and reporting procedures. Data protection officers: Respondents are invited to share their expectations regarding the DPO’s role and their experiences in contacting a DPO. The survey also asks respondents to identify priority issues, such as response timeframes for data subject requests and complaint procedures. Marketing and direct marketing: The online questionnaire seeks input on preferred topics for guidance, including individuals’ rights to refuse marketing
March 16, 2026
Thailand’s Securities and Exchange Commission (SEC) has broadened the definition of institutional investors, expanded the types of qualifying investments, and updated financial qualification thresholds for various investor categories through a revised notification on the definitions of institutional investors, ultra-high net worth investors, and high net worth investors. The amended framework, which came into force on March 1, 2026, adds digital asset business operators, investment planners, and investment consultants to the roster of entities recognized as institutional investors, and broadens the definition of investment to account for digital tokens. Expanded Definition of Institutional Investors Under the SEC’s revised notification, the category of institutional investors now expressly includes digital asset business operators licensed under the Royal Decree on Digital Asset Businesses B.E. 2561 (2018). This addition recognizes the growing role of digital asset platforms and service providers in Thailand’s investment ecosystem and aligns the regulatory treatment of digital markets with that of traditional markets. The definition of institutional investors now also encompasses investment planners and investment consultants approved by the SEC. Previously, only SEC-approved investment analysts held this status; the expansion covers a broader scope of professionals who possess comparable expertise and experience in evaluating investment opportunities. Broadened Investment Definition The revised framework now defines investment to mean direct or indirect investment in a wider range of assets beyond deposits. Specifically, the definition covers: Securities under the Securities and Exchange Act Derivatives under the Derivatives Act Investment tokens offered to the public Government-issued digital tokens (G-tokens) as specified in a separate SEC notification This expansion ensures that financial status assessments reflect the full spectrum of an investor’s holdings, including emerging digital assets. Updated Financial Qualification Thresholds The amended SEC notification also provides updated qualification thresholds for angel investors, ultra-high net worth investors, and high net worth investors. While the core criteria