In September 2021, Thailand’s Electronic Transactions Development Agency (ETDA) issued an updated draft royal decree for digital platforms—a potentially far-reaching royal decree that was the subject of a public hearing in July 2021. The ETDA made the changes in response to a considerable amount of feedback and comments from business operators and other stakeholders. The key changes to the draft royal decree are outlined below. Definitions The updated draft broadens the definition of digital platforms subject to the royal decree by removing mention of offering goods, services, or intangible assets, and by deleting a phrase related to contract issues. As a result, “digital platform” currently refers to any intermediary digital platform that provides a connection space for “business operators on a digital platform” and “consumers” via a computer network. Similarly, the definitions of “business operators on a digital platform” and “consumers” have been amended by excluding the offering of intangible assets through digital platforms, and the draft emphasizes that business operators on a digital platform are not included in the definition of consumers. Notification Exemption Under the updated draft royal decree, a digital platform provider under the supervision of other authorities or falling under the Electronic Transactions Commission’s list of exempted digital platform providers is exempted from the requirement to notify the ETDA of the operation of its digital platform. The commission may also exempt any other digital platform service as it sees fit. Extraterritorial Effect The draft provisions subjecting certain digital platforms located outside Thailand to the royal decree and requiring them to appoint a local representative in Thailand have been updated by removing the requirement to issue a tax invoice to consumers in Thailand. Furthermore, the updated draft makes the local representative subject to the reporting obligations and cessation requirements, whereas these obligations were not prescribed in

As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2021. This guide outlines all of the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Guides to Doing Business series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource when planning an international business strategy or researching a new market.

Thailand’s Board of Investment has consolidated its definition of promoted business activities in the digital space, replacing promotions for e-commerce, digital services, and software, with a single category for “Development of software, platform for digital services, or digital content.”

Multilaw has published its new Global Data Protection Guide, which collects expert advice from Multilaw’s member firms in over 50 jurisdictions globally. The guide provides answers to key issues concerning the fast-developing data protection and privacy laws around the world, and helps data protection officers and in-house counsel understand how the regulatory regime for data protection can affect their organizations in various jurisdictions. Each section of the guide identifies the main laws that govern data protection in that jurisdiction, and gives a detailed overview of the legal principles in place as well as the enforcement authorities responsible for overseeing compliance. The guide also covers issues related to data subject rights, data protection officers, impact assessments, data breach notification requirements, and cross border data transfers. The use of personal data in marketing is also considered, with specific information on electronic marketing rules, cookies, and marketing to businesses and consumers. Multilaw is a global network of carefully selected, independent law firms consisting of over 10,000 commercial lawyers in more than 100 countries, able to provide expert legal advice in complex environments around the globe. The full guide is available for free on the Multilaw website.