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

September 7, 2026

Thailand Advances National Policy Framework for Data Centers

On September 4, 2026, Thailand’s prime minister convened the first meeting of the Data Center Business Policy Committee. The committee endorsed a draft policy framework for the data center industry and tasked four subcommittees with developing the standards that would sit beneath it, shifting away from fragmented, agency-by-agency approvals toward a unified national strategy aiming to maximize economic value while managing environmental and infrastructure concerns.

Proposed Scope and Pillars of the National Data Center Policy Framework

The proposed framework would cover all types of data centers, including internal or captive facilities operated within a company or its affiliates, rather than only commercial third-party providers. If adopted in this form, companies running private data centers purely for internal purposes would also become subject to regulatory oversight. Minimum safety and operational standards would be established, with uniform enforcement across all categories.

The committee endorsed a draft policy framework with four key pillars:

  • Industrial classification: Data centers exceeding 2 MW would be classified as industrial operations, which may require factory licenses and environmental impact assessments under the Factory Act.
  • Resource pricing: Utility rates would be structured to reflect both direct and indirect costs, supporting green energy and green data center standards.
  • Centralized screening: A centralized review would evaluate project suitability and resource allocation. Operators may be required to submit proposals through periodic “pitching” rounds, where projects are competitively assessed on their potential economic and strategic benefits to Thailand.
  • Digital ecosystem: The framework would prioritize data sovereignty, tax incentives, and conditions promoting domestic digital businesses, AI, and cloud infrastructure.

Multidimensional Evaluation Criteria and Subcommittees

Four subcommittees will be established to develop standards responsible for the following dimensions:

  • Economic: Criteria for assessing the economic viability of data center projects, for use in prioritizing data centers based on infrastructure readiness, demand type (including AI factories), and location and zoning. The assessment outcomes must be able to confirm that data center projects will generate tangible and sustainable benefits for Thailand.
  • Infrastructure: Minimum technical requirements for energy, water, and digital systems.
  • Site and building: Location suitability and building standards.
  • Environmental: Standards aligned with Thailand’s net zero goals.

The policy mechanisms are expected to be finalized by the end of September 2026, including transition timelines for existing operators.

What the Draft Framework Would Mean for Operators

While additional detail will be provided by the subcommittees, the proposed framework’s endorsed outlines include the following implications for data center operators:

  • Broader regulatory net: All data center operators, including those running captive or internal facilities, would come within the scope of oversight.
  • Industrial threshold: Data centers above 2 MW would face industrial classification and additional permitting.
  • Centralized approvals: A centralized process may lengthen timelines initially, though it is intended to provide greater predictability over time.
  • Green requirements: Operators would face mandates or incentives to use renewable energy and meet green data center standards, which may include energy efficiency benchmarks, water usage limits, and alignment with Thailand’s net zero goals.
  • Cost adjustments: New utility pricing could increase operating expenses for energy- and water-intensive facilities.
  • Strategic alignment: Investors would be expected to demonstrate alignment with national priorities, including technology transfer and local talent development.
  • Data sovereignty: Ensuring that data stored in Thailand remains subject to Thai law and jurisdiction is a priority for the government. This could entail data localization requirements affecting how international operators store and transfer data.

Outlook

Government agencies were directed to submit information on data centers to the Ministry of Digital Economy and Society by September 11, 2026, categorizing them as (1) operational, (2) construction completed, (3) under construction, or (4) pending approval. The Ministry of Digital Economy and Society will serve as the central agency responsible for collecting and consolidating this information to facilitate oversight and policy development.

Detailed technical standards, compliance thresholds, and transition timelines are expected once the subcommittees report at the end of September 2026. A dedicated Thai Standard Industrial Classification code for data centers is also being considered.

In the meantime, operators and investors should assess current operations to evaluate whether existing or planned facilities exceed the 2 MW threshold and what additional permits may be required. They should also begin planning for compliance with Green Data Center standards and renewable energy requirements.

Throughout this process, early engagement can be an important compliance strategy. Participating in stakeholder consultations as policies are finalized can be helpful in ensuring that needs and perspectives are heard and understood.

RELATED INSIGHTS​ 

July 10, 2025
For companies and individuals doing business in Vietnam, a common question is whether electronic signatures (e-signatures) are legally recognized under Vietnamese law. This matter is governed by Law No. 20/2023/QH15 on Electronic Transactions issued on June 22, 2023 (ETL 2023) and its guiding legal documents such as Decree No. 23/2025/ND-CP dated February 21, 2025, and Circular 06/2024/TT-BTTTT dated July 1, 2024 (Circular 06). Recognition of Validity of E-signatures in Vietnam As a general principle, the ETL 2023 confirms that an e-signature cannot be denied legal validity solely due to its electronic form. The law categorizes e-signatures into three types: Type 1: Specialized e-signatures for organizations Type 2: Public digital signatures for individuals and organizations Type 3: Specialized digital signatures for government agencies Among these types, only secure specialized e-signatures (a secure e-signature of type 1) and digital signatures (type 2) are explicitly granted the same legal validity as handwritten (wet) signatures. This distinction is particularly important in legal disputes and for transactions with government agencies. (For more details, please refer to our previous article.) Domestic e-signatures A domestic organization can choose to use secure specialized e-signatures (type 1) and/or digital signatures (type 2) while a Vietnam-based individual can choose digital signatures (type 2) for their transactions—particularly for those involving government agencies and transactions of high value and complexity which require stronger legal protection. Specialized e-signatures (type 1) can be created by the organizations themselves, and additionally must be “secure” to be explicitly recognized as having the same legal validity as handwritten signatures. For clarity, “secure” specialized e-signatures are those certified (granted a safety certificate) by the Ministry of Science and Technology (MST). (This was formerly the responsibility of the Ministry of Information and Communications, which was merged with MST under Vietnam’s 2025 administrative restructuring.) Digital signatures (type 2) are
July 9, 2025
On June 16, 2025, the National Assembly of Vietnam adopted Law No. 75/2025/QH15 amending and supplementing a number of articles of the 2012 Advertising Law, with an effective date of January 1, 2026. The amended Advertising Law was enacted to further refine the legal framework for advertising activities in the modern era. Online Advertising Under the amended Advertising Law, “online advertising” is defined to encompass not only advertising on electronic newspapers and electronic information pages (as provided under the 2012 Advertising Law) but also advertising on other electronic venues, including social media, online applications, and digital platforms with internet connection. The amended Advertising Law also imposes new requirements for online advertising, including: Identification signs: Advertisements must have clear identifiable signs in numbers, letters, symbols, images, or sounds to distinguish them from non-advertising content. Control features: For advertisements not in fixed areas, there must be easily recognizable features and icons that allow recipients to turn off the advertisement, notify the service provider of violating advertising content, and refuse to view inappropriate advertising content. Linked content: Content in the links embedded in advertisements must comply with the law. Advertising service providers and publishers must have measures to check and monitor the linked content. Advertising on social media: Organizations and enterprises providing social media services must offer users features to distinguish advertising content from other content. Signage for sponsored content: When advertising, users of social media services must use signs to differentiate advertising or sponsored content from other content they provide. In response to the above requirements for online advertising, the amended Advertising Law sets out obligations of advertisers, advertising service providers, advertising publishers, and advertising conveyors in relation to online advertising. Among these, it is notably the responsibility of individuals and organizations engaging in online advertising to prevent and remove violating
July 1, 2025
Now halfway through 2025, Thailand continues to advance in the realm of data privacy, with the ambitious goal of achieving zero data breaches. The Personal Data Protection Committee (PDPC), an independent government body established by the Personal Data Protection Act (PDPA), is taking a more proactive approach, having published several rulings and orders to enhance data protection measures and clarify compliance expectations for businesses. Here is a look back at Thailand’s data privacy developments in the first half of the year. Strengthening Law Enforcement and New Guidance for Compliance Enforcement of existing data protection laws and regulations has taken a step forward this year. Some of the specific initiatives include: Increased enforcement by the PDPC. A key trend to watch from the first half of 2025 is the PDPC’s active enforcement of the PDPA as it intensifies oversight through compliance orders and public warnings against noncompliant organizations while ramping up efforts to prevent and halt the illegal trading of personal data by actively monitoring emerging societal issues. Call center scams and cyber fraud control. Thailand published an amendment to the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes to strengthen measures against technological crimes, particularly targeting call center scams and cyber fraud. Orders from the Expert Committee. Several orders issued by the Expert Committee under the PDPA were announced in the first half of this year. These include directives for data controllers to take corrective actions to comply with the PDPA, as well as initiatives to raise awareness of data privacy within organizations, reflecting the regulator’s focus on promoting organizational awareness and compliance. A guideline report summarizing the Expert Committee’s decisions and orders was also published to serve as a reference for compliance. Public issue monitoring. The PDPC has been taking a more proactive approach
June 27, 2025
Three American giants are actively protecting their intellectual property rights against generative AI, as two legal battles commence on both sides of the Atlantic. In the UK, Seattle-based media company Getty Images accuses UK-based Stability AI of multiple IP infringements. In the US, The Walt Disney Company and Universal Studios are teaming up against Midjourney, an AI startup, with their main ground being copyright infringement. Both cases are centered around questions legal minds have been posing since the introduction of generative AI: Is the output of generative AI an infringement? And who is ultimately responsible for the output, the platform or the user? Getty Images v. Stability AI Getty initially filed a claim in the High Court in 2023, which resulted in Stability applying for reverse summary judgment on the grounds that Getty had no real prospect of success, arguing that their operations took place outside the UK. However, the High Court judge hearing the case decided that the claims brought by Getty did have a real prospect of succeeding in court. Despite this, Stability saw a small victory when the court ruled that the representative action brought by Getty would not succeed due to the difficulties in identifying who qualified for the class. The proposed class was comprised of 50,000 rightsholders who alleged their rights were also infringed. Stability was successful in arguing that identifying these individuals would be challenging due to the unclear definition of the class. This current trial is centered around four main grounds: Copyright infringement. Getty accuses Stability of using content that Getty owns or has an exclusive license for when training their model, Stable Diffusion, resulting in the generated output containing substantial parts of that content. Getty is also alleging secondary copyright infringement, arguing that Stability is importing an article into the UK