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

January 20, 2017

New Computer Crimes Act to Tackle Cybercrime amid Public Concerns over Online Freedom

Bangkok Post, Corporate Counsellor Column

The Thai government’s attempts to revamp the 2007 Computer Crimes Act (CCA) and grant authorities more power to investigate and apprehend perpetrators of increasingly diverse cybercrimes has raised consternation among internet users who fear the new and more stringent law may impinge on human rights and place restrictions on online activity in the country.

Thailand’s National Legislative Assembly (NLA) passed draft amendments to the 2007 Computer Crimes Act (CCA) on December 16, 2016, and it is now awaiting publication in the Government Gazette. The law will come into effect 120 days after its publication date.

According to a report issued by the NLA committee responsible for drafting the CCA, the amendments are intended to:

  • Enhance and update the 2007 CCA, which is outdated due to rapid changes in the nature of cybercrimes;
  • Introduce new committees; and
  • Adjust and rationalize the authority of officials under the new law.

However, the public appears not to share the government’s thinking behind this rationale, and before the law was passed, more than 340,000 people signed a petition objecting to the amendments as they believe the new CCA gives excessively broad authority to government agencies to act against online content containing information that is deemed inappropriate.

The activists fear abuse of the new enhanced powers under the new law could adversely affect the rights of people both inside and outside the country, and particular attention is focused on Sections 14, 18, and 20 of the CCA.

Under the new NLA-approved CCA, Section 14 introduces more offenses and offers more room for interpretation. Under this controversial section, the public are prohibited from entering (or knowingly sharing) a computer system that causes “damage to the public, creates panic, or causes harm to public infrastructure, national security, public security, or economic security.”

The broad scope of the new Section 14 operates as a catch-all for a wide range of offenses, thus compelling online users—including businesses—to be more discrete and mindful of publicly sharing information. Some argue this will force users to be more responsible in disseminating content online, while others contend that it serves to restrict freedoms for internet users.

Section 18 has also been severely criticized, as it broadly empowers officers investigating an offense under the CCA or other laws to enquire, request, access, seize, duplicate, and unlock computer systems to obtain the data in question. However, a court order is specifically required for the access, seizure, duplication, or hacking (unlocking) of computer systems that are not in the possession of the officers.

Although no mechanism is prescribed under the law detailing how the courts should exercise their judicial discretion in granting or declining an order, the wording of this section appears intended to limit questions about whether officers are deliberately or excessively exercising their broad authority over the unpossessed computer data.

But Section 18 does not require officers to obtain a court order if they wish to request Service Providers, such as online access providers or social media platforms, to provide “traffic data” information to facilitate an investigation into an offense under the CCA or other laws. Although the public has questioned why a court order is not required, these new powers will undoubtedly cause businesses and other public users to be more mindful of handling their “traffic data,” which could also be interpreted to include data messages sent through work or personal devices and computers.

Section 20 of the new CCA requires the formation of a new Computer Data Screening Committee to be appointed by the Digital Ministry, wherein three out of nine members must be representatives from the private sector, including human rights, media, and other related fields.

This new committee will have the authority to consider and provide second-tier approval to censor “inappropriate” computer data (i.e., defined as against good morals or public order) before the request to censor the “inappropriate” computer data can be submitted for court approval. The subsequent granting of a court approval will result in such data being censored. However, the public have questioned whether authorities need this type of oversight of all inappropriate computer data.

Public attention is now focused squarely on the Digital Ministry, the authority charged with ensuring the smooth implementation of the new CCA. The NLA drafting committee has recommended that the ministry conduct training and educate officials so they have a better understanding of cybercrime investigations and computer data evidence collection, to ensure enforcement of the CCA complies with their intentions.

It is hoped that correct and efficient enforcement by authorities will ease public concerns over the new Computer Crimes Act, although undoubtedly, concerns will remain as the public continues to debate whether the new act is wholly appropriate for computer and online users in Thailand. All business operators in Thailand will need to closely monitor the CCA’s implementation and enforcement to ensure compliance.

RELATED INSIGHTS​ 

December 30, 2025
On December 17, 2025, Laos’ Ministry of Industry and Commerce (MOIC) issued a notice introducing a new digital system that allows e-commerce businesses to obtain required certificates and licenses through an online, application-based platform. Notice No. 3988, which will take effect on February 1, 2026, introduces the E-Trust platform, a downloadable application that allows e-commerce businesses to remotely obtain acknowledgement certificates and business operating licenses. New Digital Registration Options Under the previous framework established by the Decree on E-commerce (2021), businesses were required to complete registration exclusively through paper-based submissions. The new system now offers businesses two registration options: Traditional paper-based process at the Division of E-commerce Management within the MOIC; or Electronic registration and renewal through the E-Trust platform. This change is expected to streamline procedures, reduce administrative burdens, and enhance accessibility for businesses operating outside Vientiane. The E-Trust platform facilitates compliance for both individuals and legal entities required to submit applications and renewals for required certificates and licenses. The development is particularly beneficial for businesses located in remote provinces, as it eliminates the need for physical travel and significantly accelerates processing times. Compliance Requirements and Penalties Businesses must obtain or renew the required certificates and licenses to avoid sanctions under the Decision on Fines and Other Measures for Violation of the Decree and Regulations on E-commerce (No. 2828/MOIC, dated November 11, 2025). Penalties for noncompliance may include monetary fines and other enforcement measures.
December 26, 2025
Thailand has granted ride-sharing platforms additional time to comply with new regulatory requirements, extending the compliance deadline to March 31, 2026 (replacing the previous deadline of October 2, 2025). The postponement was made official on December 18, 2025, when Thailand’s Electronic Transactions Development Agency (ETDA) published the second Notification Regarding Supervision of Ride-Hailing Platforms Classified as High-Impact Digital Platform Services under the Royal Decree on Digital Platform Service Businesses. The notification provides additional time for ride-sharing platforms and drivers to transition to full regulatory compliance. The extension replaces the effective date provision of the earlier notification and applies specifically to ride-hailing activities. Background The postponement responds to feedback from operators and driver groups regarding challenges converting private vehicles into legally registered public vehicles, including complex registration procedures, high compliance costs, and operational delays. The Department of Land Transport (DLT) is concurrently reforming its vehicle registration and driver verification processes to streamline operations. Given these issues, the Electronic Transactions Committee has deferred enforcement to provide an adjustment period for operators and drivers to meet compliance requirements. Ongoing Obligations While the effective date has been deferred, the substantive obligations imposed on ride-sharing platforms remain fully intact. Operators must continue preparing to comply with the additional duties applicable to high-impact digital platform services, beyond the general requirements under the digital platform services framework. Operators are expected to use the extended transition period to finalize operational and compliance readiness ahead of enforcement on March 31, 2026. Key focus areas include: Integration with DLT vehicle-registration systems Deployment of robust driver and passenger identity verification mechanisms Updates to platform terms of service, driver-onboarding standards, and internal operational policies Preparation for ETDA reporting obligations and future audit and review processes Next Steps While the postponement replaces the previous effective date with the new March 31, 2026,
December 26, 2025
The Bank of Thailand (BOT) has released the Guidelines for Digital Fraud Management, which took effect on December 17, 2025, incorporating certain amendments to the draft guidelines issued in March 2025. These official guidelines aim for end-to-end digital fraud prevention, with a particular focus on mule accounts, to enhance trust and security in Thailand’s financial system. The guidelines apply to “financial service providers,” including: Financial institutions and special financial institutions under the Financial Institution Business Act; and Operators of Inter-institutional Fund Transfer System e-money services and e-fund transfer services under the Payment Systems Act. Besides commercial banks and e-money operators that offer fund-transfer services, other providers may adopt requirements based on risk proportionality and baseline standards set out in the guidelines (for instance, an e-money operator that does not offer e-fund transfer services could consider implementing a fraud monitoring and detection system according to the risk level of its service). The guidelines establish the following key requirements: Policy and oversight. Directors and senior executives of financial service providers must adopt appropriate “end-to-end” fraud management policies and KPIs to manage digital fraud, covering prevention, monitoring, detection, management, resolution, and support for affected customers. The fraud management policy must be regularly reviewed, and whenever there is a situation or change that significantly affects the efficiency of the fraud management. Any significant update to the policy must first be approved by the board of the financial service provider. The BOT also encourages providers to collaborate in establishing industry standards aligned with applicable laws and regulations to ensure consistency and best practices across the sector. Fraud management processes. Financial service providers must establish a clear framework for managing digital fraud throughout the customer lifecycle—from customer onboarding to service termination—covering at least the following processes: Know your customer (KYC) and customer due diligence (CDD):
December 15, 2025
Thailand is taking steps to energize its startup scene by drafting the Startup Promotion Law. This draft law aims to remove obstacles, open new funding opportunities, and provide coordinated government support. The goal is to make it easier for Thailand-based startups to grow and compete on a global stage. Why Is This Law Needed? For many years, Thai startups have operated under traditional company law frameworks that were not designed with high-growth businesses or with fundraising opportunities in mind. Restrictions on issuing bonds, offering shares to outside investors, and repurchasing shares for employee incentive programs made it challenging for emerging companies to access capital and accelerate their growth. The draft Startup Promotion Act seeks to remove these obstacles and foster a more competitive, entrepreneur-friendly environment in Thailand. Who’s in Charge? Two main organizations will oversee the startup ecosystem: Startup Promotion Committee: This group, to be appointed by the National Science, Research, and Innovation Policy Council, will set national strategies, policies, and budget; design promotional campaign and incentives; and propose further legislative amendments to promote startups. National Innovation Agency (NIA): Under the draft act, the NIA will be the main contact for startups and will serve as the secretariat office of the Startup Promotion Committee, coordinating data, advising startups, maintaining the public registry, and providing funding and investment (grants, repayable grants, loans, and equity) under committee criteria and, where applicable, cabinet approval. What Startups Are Eligible for Benefits? To be officially recognized and access benefits, a company must: Be a private limited company less than 10 years old at the time of application. Existing companies that already exceed the 10-year threshold may still apply for startup statues within one year of the law’s enactment, as long as they otherwise still qualify for the new regime. Have average annual revenue not