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

Subscribe to Updates

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 Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

July 20, 2026
On July 16, 2026, Thailand’s Personal Data Protection Committee (PDPC) published a notification in the Government Gazette establishing detailed rules governing data subjects’ right of access under section 30 of the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The notification will take effect 60 days after publication—mid-September 2026—giving data controllers a limited window to bring their processes into compliance. Scope The notification covers requests to access or obtain copies of personal data and requests for disclosure of the source of data collected without consent. Data subjects may exercise their rights directly or through authorized representatives. Key Requirements Important requirements set by the notification include the following: Required request channels. Controllers must provide at least two request channels: direct submission at the business location and registered mail. Electronic channels are optional but, if offered, may also be used for fulfilling requests. Request contents. Requests must be in writing or in electronic form and include the data subject’s name, the preferred access method, details of the data requested, and the requester’s signature. Controllers may request additional identifying information as needed. Identity and authority verification. Controllers may require official identity documents for verification. Authorized representatives must provide authorization documents and identity documents for both the data subject and the representative. Alternative verification methods (e.g., digital authentication) are permitted if they do not unreasonably obstruct data subjects’ rights. Review and response timelines. Controllers must review requests within 15 days. If the request is incomplete, the controller must notify the requester and allow at least 15 days to correct deficiencies. If not corrected, the request may be treated as abandoned. Once verified, controllers must fulfill requests within 30 days, extendable by another 30 days for large-volume or complex requests with notice to the requester. Methods for providing access or copies. Controllers may fulfill
Read More
July 16, 2026
Thailand’s Office of the Personal Data Protection Committee (PDPC) published a series of draft guidance documents for public consultation on July 7, 2026. Issued under the Personal Data Protection Act B.E. 2562 (2019) (PDPA), the drafts address a range of compliance issues and offer insight into the regulator’s current enforcement priorities. This article examines two of those drafts: one on lawful bases for processing personal data, and another on marketing and direct marketing. Together, they reflect the Office of the PDPC’s evolving expectations on lawful-basis selection, accountability, and the use of personal data in marketing. Organizations operating in Thailand should assess the practical implications now, before the guidance is finalized. Lawful Bases: A Structured Selection Process The draft guidance on lawful bases introduces a systematic five-step process for selecting an appropriate lawful basis for each processing activity. Organizations are expected to: Identify the processing activity involved. Assess the appropriate lawful basis. Evaluate whether the data is necessary for the processing. Conduct a legitimate interest assessment (LIA) where applicable. Ensure transparency through privacy notices. The guidance provides practical explanations and examples for each lawful basis under section 24 of the PDPA—including archiving, research, statistics, vital interests, contractual necessity, legal obligation, public task, legitimate interests, and consent—as well as the bases applicable to sensitive personal data under section 26. The aim is to promote more consistent and accurate lawful-basis selection across public- and private-sector organizations. A recurring theme throughout the guidance is that organizations should select the lawful basis that most accurately reflects the actual purpose and circumstances of the processing activity. The guidance cautions against treating consent as a default or catch-all basis where another lawful basis is more appropriate. For processing based on legitimate interests, organizations should conduct and document an LIA. Processing involving sensitive personal data may require
Read More
July 14, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published guidelines establishing a risk-based framework for the responsible use of artificial intelligence by telecom licensees. Released on July 2, 2026, the Guidelines on the Use of Artificial Intelligence for Telecommunications Services address governance structures, ethical principles, lifecycle management, and consumer protection obligations. Scope and Legal Context The nonbinding guidelines apply to holders of telecom business licenses under Thailand’s telecom licensing laws, but only with respect to the use of AI in providing licensed telecom services. Entities without such licenses are not directly subject to the guidelines, though they may be affected as third-party AI solution providers to licensees. The guidelines supplement and should be read alongside existing laws, including the Cybersecurity Act, the Personal Data Protection Act (PDPA), the Computer Crime Act, and the NBTC Notification regarding Measures to Protect Telecommunications Service Users’ Rights Regarding Personal Data, Privacy Rights, and Freedom of Telecommunications, as well as forthcoming AI governance legislation being drafted by the ETDA. AI Governance Structure Licensees are expected to establish committees, working groups, or designated officers at both policy and operational levels to set strategic direction for AI use, formulate governance policies and tools, and oversee risk management. Roles, responsibilities, and accountability should be clearly defined for all personnel across every stage of the AI lifecycle—including for third-party AI solution providers and outsourced service providers, whose obligations should be explicitly documented in service agreements. Core Principles The guidelines identify six core principles that licensees should adhere to when deploying AI: Compliance with laws, ethics, and international standards: AI should respect privacy, dignity, and human rights, and content filtering for inputs and outputs should be considered. For example, the AI should not be designed and developed to be used in generating false information, supporting illegal activities, or causing
Read More
July 10, 2026
Vietnam has taken a significant step in regulating its e-commerce sector with the issuance of a new decree guiding the country’s recently enacted Law on E-Commerce. Decree No. 248/2026/ND-CP, issued on June 30, 2026, and taking effect the following day, addresses mandatory platform policies, registration requirements for offshore platforms, additional obligations on platform operators, and market access conditions for foreign investors. Mandatory Policy Contents The decree sets out detailed guidance on the required contents of various platform policies, covering pricing, payment, display priority, livestream sales, delivery, returns, method of service provision, and service termination and refunds. Clarification of Obligations for Platform Operators The decree provides clarification of the obligations applicable to platform operators. Notably, intermediary e-commerce platform operators with online ordering functions must: Collect specific information to implement electronic identity verification of sellers; Cooperate with regulators by reporting online through the state e-commerce management system and by blocking, suspending, or removing content upon request of a competent authority; Maintain a mechanism to store contract data, including price, product or service information, and parties’ information, for at least three years from the date of contract conclusion; and If qualifying as a “large digital platform” under consumer protection law, maintain an online system for receiving and handling complaints and requests, and comply with enhanced content-removal requirements. Registration Requirements for Offshore Platforms Offshore e-commerce platforms, whether direct-sales, intermediary, social-network-based, or integrated, that conduct e-commerce activity in Vietnam must register with the Ministry of Industry and Trade if the platform: Allows Vietnamese-language selection; Uses a “.vn” domain; or Reaches 100,000 or more transactions with Vietnam-based buyers within a calendar year. Notably, the registration requirement now captures not only traditional intermediary platforms, but also direct-sales platforms. Foreign Investment Conditions Foreign investors holding a controlling interest in an intermediary e-commerce platform, a social media platform
Read More