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  • Enhance and update the 2007 CCA, which is outdated due to rapid changes in the nature of cybercrimes;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​ 

November 24, 2025
A recent warning from the Central Bank of Myanmar (CBM) against cryptocurrency use upholds the country’s ongoing strategy of enforcing strict prohibitions on unauthorized cryptocurrency activities while also promoting the controlled development of a central bank digital currency (CBDC). The CBM’s warning, issued November 16, 2025, reminded the public of announcements in May 2019 and a notification in May 2020 confirming that all online and offline cryptocurrency transactions are strictly prohibited. The CBM also clarified that no financial institution in Myanmar is authorized to deal with digital currencies. The warning highlighted global risks, such as money laundering, scams, tax evasion, hacking, and severe financial losses caused by price volatility and insufficient regulation. The CBM urged the public to use only legitimate banking channels and avoid illegal cryptocurrency activities. The warning comes five months after the CBM issued a notification announcing the formation of the Central Committee for the Issuance of a Central Bank Digital Currency. This committee includes senior CBM officials, representatives from relevant ministries and the banking sector, and technology experts. Its main role is to research CBDC models, test secure digital payment systems, and ensure that any future implementation aligns with Myanmar’s monetary policy and financial stability objectives. Taken together, these two actions illustrate the CBM’s continued pursuit of its dual strategy to promote innovation through CBDC development while prohibiting cryptocurrency use. Businesses should note that while CBDC pilot programs may appear in the future, cryptocurrencies remain off-limits.
November 14, 2025
Interest in data center land acquisition has increased significantly over the past year, with a notable rise in inquiries from investors seeking to establish digital infrastructure in Thailand. Although the sector is still in its early stages, this emerging wave of development represents a significant shift in Thailand’s technology infrastructure landscape, driven primarily by multinational technology companies and operators looking to expand their regional presence. Project Development The data center sector in Thailand is attracting a diverse range of international investors, though with clear geographic patterns. Most investors are from China, Singapore, and Japan, with some additional interest from countries outside Asia, including the United States and Europe. This investor base consists primarily of multinational tech companies and operators seeking to establish new facilities rather than acquire existing assets. Data center business activities are also a sector promoted by Thailand’s Board of Investment (BOI), which offers investors both tax and nontax privileges as well as exemptions to foreign investment and land-ownership restrictions. Projects currently underway are still largely in the land acquisition and construction phase. Unlike more mature markets where many facilities are operational and generating revenue, the predominant focus in Thailand remains on securing suitable land and beginning the building process. This means that while interest is high and land assembly is accelerating, the sector as a whole has not yet reached the operational phase that will ultimately drive licensing applications and full regulatory compliance. The licensing process itself remains at an early stage, as most projects must first complete their facilities before applying for the specific licenses required from the telecommunications authority. Once the facilities are built, the next critical step will be obtaining these telecommunications licenses, which are mandatory for data center operations. Legal and Regulatory Considerations The complexity of data center development in Thailand requires
November 12, 2025
Thailand’s Customs Department has announced the cancellation of the longstanding de minimis exemption, which waives import duties on goods valued at THB 1,500 or less, as of January 1, 2026. This policy shift will directly impact e-commerce, logistics, and retail sectors, and will have wide-ranging implications for any company involved in cross-border trade with Thailand. Background Under current regulations, imported goods with a customs value (cost, insurance, and freight, or “CIF”) of THB 1,500 or less are exempt from import duties. This has been a cornerstone of the cross-border e-commerce model, allowing for the duty-free import of millions of small parcels. Under the new policy effective January 1, 2026, all imported goods, regardless of value, will be subject to assessment for import duties upon entry into Thailand. The stated rationale for this change is to create fair competition for Thai small and medium-sized enterprises (SMEs), which must pay VAT and other costs on their goods, putting them at a price disadvantage against foreign sellers who utilize the de minimis loophole. Business Implications This policy change will create new costs, compliance burdens, and operational challenges. For foreign e-commerce sellers and platforms: The most direct impact will be the addition of import duties to low-value items. Assuming the costs are passed on to the consumer, the higher prices and potentially more complex or slower customs clearance processes could lead to increased cart abandonment and reduced consumer demand. Businesses should review their pricing models and develop a clear strategy for calculating, declaring, and paying these new duties. For logistics providers and customs brokers: The administrative burden will be considerable. Carriers that previously handled millions of nondutiable parcels will now be required to process them for duty assessment and collection. This may necessitate new IT systems and streamlined processes to avoid delays at
November 7, 2025
Thailand and the United States signed a memorandum of understanding (MOU) titled “Cooperation to Diversify Global Critical Minerals Supply Chains and Promote Investments” on October 26, 2025, signaling a new strategic alignment aimed at developing Thailand’s mineral sector, particularly in rare earth elements (REEs). The MOU has implications for investments in technology, manufacturing, and other related sectors. This update outlines the key provisions of the MOU and the potential opportunities and legal navigating points for businesses. Objectives The primary driver of this agreement is the US initiative to diversify global supply chains for critical minerals and reduce reliance on current market leaders, particularly China. For Thailand, it represents a major opportunity to attract high-tech investment and develop its downstream processing industries. The cooperation is set to focus on five main areas: Technical knowledge: Exchange of technical expertise and international best practices to strengthen Thailand’s mining and processing sector. Joint cooperation: Establishing workshops, seminars, and scientific collaboration to boost innovation. Regulatory practice: Promoting good governance and streamlining regulatory and licensing procedures. Information sharing: Sharing data on potential projects and global market prices. Full-value chain: The MOU covers the entire mineral lifecycle, from exploration and extraction to processing, refining, and recycling. “First Opportunity to Invest” Clause The most debated provision within the MOU states that “participants expect to have the first opportunity to invest . . . in critical minerals assets that may be sold in Thailand.” Business implications: This clause is widely interpreted as granting US companies a first look or preferential access to investment opportunities in Thailand’s critical minerals sector. This could be a significant advantage for US-based or affiliated companies in mining, technology, and energy seeking to secure a foothold in a developing REE supply chain. Thai government position: Thai officials, including the prime minister, have publicly clarified