Tilleke & Gibbins has contributed the Thailand chapter to Franchise 2025 from the International Comparative Legal Guides (ICLG) series published by Global Legal Group. This comprehensive guide provides detailed analysis of franchise laws and regulations across multiple jurisdictions worldwide. Each chapter of the guide follows a Q&A format, organized into key sections covering critical aspects of franchise law and operations, including: Relevant legislation and rules governing franchise transactions Business organization options for franchised operations Competition law considerations Protection of intellectual property and brands Liability issues and risk mitigation Governing law and dispute resolution Real estate matters Online trading regulations Termination requirements Joint employer risks and vicarious liability Currency controls and taxation Commercial agency considerations Good faith obligations and fair dealing requirements Ongoing relationship management Franchise renewal processes Franchise migration procedures Electronic signatures and document retention The Thailand chapter, authored by Alan Adcock and Kasama Sriwatanakul, examines these topics in detail, with particular attention to recent developments like the Trade Competition Commission’s Franchising Guidelines which introduced new disclosure requirements and protections for franchisees. The complete Thailand chapter is available as a PDF below. The Thailand chapter—and the full Franchise 2025 guide—are also freely available on the ICLG website.

Thailand’s Anti-Money Laundering Office has released new guidelines on customer due diligence (CDD) for insurance companies to outline anti-money laundering and counter-terrorism financing measures based on the Anti-Money Laundering Act B.E. 2542 (1999). The previous guidelines were revoked and replaced by these guidelines. The guidelines include seven key measures: Anti-money laundering and counter-terrorism financing policy: Insurance companies must establish a policy in Thai that outlines the organization’s approach to assessing, managing, and mitigating risks related to money laundering, terrorism financing, and proliferation. Risk management framework: Insurance companies’ frameworks for risk management are to be divided into three stages: (1) internal risk management, (2) risk assessment before customer onboarding, and (3) ongoing customer risk management. CDD before engagement with customers: Insurance companies must implement a rigorous approval process to verify customers’ identities. Customer information review and transaction monitoring: Insurance companies must update customer information and the list of banned transactions to ensure compliance with current risk profiles. Enhanced CDD for high-risk clients: Insurance companies must apply a stricter level of verification and monitoring measures for high-risk clients, including reviews of financial transactions. Third-party reliance and subsidiary controls: Reliance on third parties is allowed only in processes for customer identification and verification of identity. Internal controls and policies for subsidiaries or affiliates must be updated regularly. Suspicious transaction reporting: Insurance companies must report any suspicious transactions, particularly whenever CDD is not available. For more details on the CDD guidelines, or on any aspect of insurance and anti-money laundering regulations in Thailand, please contact Athistha (Nop) Chitranukroh at [email protected], Witchupong Chittchang at [email protected], Ajaree Trachukul at [email protected], or Sireethorn Wijan at [email protected].

On October 1, 2024, the Thai cabinet acknowledged the recommendations proposed by the National Anti-Corruption Commission (NACC) to prevent corruption related to online gambling. The Ministry of Digital Economy and Society (MDES) has been assigned as the lead agency to collaborate with various relevant agencies to reach a consensus on the necessary amendments and updates to laws related to online gambling. In assigning the MDES this role, the cabinet emphasized the importance of the following key items: Establishment of a national committee. The national committee will be chaired by a minister and will comprise relevant agencies, including policymaking bodies, technology agencies, frequency management agencies, law enforcement agencies, and other experts. The committee’s primary responsibility will be to consider amending and updating laws related to online gambling. Urgent action on online gambling. As online gambling has been deemed a serious issue requiring urgent action, joint policies will be developed among relevant agencies such as the Royal Thai Police, the Bank of Thailand, and the Anti-Money Laundering Office to elevate the importance of online gambling issues. Public awareness and law enforcement. Public awareness campaigns are to be conducted to educate the public about the risks and legal consequences of online gambling, and laws against online gambling and related financial crimes are to be strictly enforced. Compliance with the Cybersecurity Act. It is necessary to ensure strict compliance with the Cybersecurity Act B.E. 2562 (2019). At the same time, government data systems are to be moved to cloud computing for enhanced data security. Next Steps The MDES is tasked with summarizing the results of the related discussions, actions taken, and overall opinions and submitting the summary to the cabinet secretariat for further presentation to the cabinet. These measures aim to address and mitigate the risks associated with online gambling and related corruption.

Thailand’s Electronic Transactions Development Agency (ETDA) issued guidelines for managing advertisements on digital platform services (DPSs) earlier this year. These guidelines aim to prevent fraud, illegal product or service offerings, and inducements to commit illegal acts, and are likely to provide a basis for greater regulation of this issue in the future. Key obligations for DPS business operators under the guidelines are detailed below. Advertiser Screening and Data Collection Verification and collection: Business operators must establish processes for verifying and collecting advertiser data. This includes steps, methods, and required information for advertiser registration. Identity verification: Business operators should follow identity verification requirements for advertiser registration. This may include using identity verification results from other identity providers or conducting their own identity verification processes with a minimum identity assurance level (IAL) of IAL2. Data storage: Advertiser data must be stored in a machine-readable format. Business operators must maintain records for watchlists, blacklists, and whitelists. Prepublication Advertisement Review Review process: Business operators should review advertisements before publication. This review should consider factors such as prohibited or restricted advertisements, required permissions, and avoiding sensitive user data. Postpublication Monitoring Advertisement monitoring: Business operators must monitor published advertisements using automated systems, staff, or contracted personnel. Criteria for prioritizing reviews should be established. Reporting channels: Business operators must provide channels for users to report illegal or inappropriate advertisements. Reports must be promptly addressed, prioritizing cases involving intellectual property owners or multiple credible reports. Advertiser account monitoring: Business operators must monitor advertiser accounts. This includes considering factors such as the number of reports/flags received and compliance with service agreements and community standards. For more information on this initiative from the ETDA, or on any aspect related to Thailand’s regulations for DPSs, please contact Athistha (Nop) Chitranukroh at [email protected], Thammapas Chanpanich at [email protected], Pornpan Wichawut at [email protected],