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 30, 2024

Thailand Issues Draft Platform Economy Act

Subscribe to Updates

Thailand has made its draft Platform Economy Act (the “Draft PEA”) available to relevant entities in certain industries. The Draft PEA aims to regulate and standardize digital platform service business operations and protect consumers and other stakeholders.

Once the Draft PEA becomes law, the Royal Decree on the Operation of Digital Platform Service Businesses that are subject to Prior Notification B.E. 2565 (2022) and the relevant provisions under the Electronic Transactions Act B.E. 2544 (2001), as amended, will cease to have effect.

The key provisions of the Draft PEA are summarized below.

Definitions

The definitions of the key terms under the Draft PEA are substantially similar to the definitions of the key terms under the royal decree mentioned above. According to the Draft PEA, “digital platform services” refers to the provision of electronic intermediary services that manage data to facilitate connection, through computer networks, between business users, consumers, or users, regardless of whether remuneration is charged.

Exemption

The Draft PEA does not apply to digital platform services (DPSs) that are regulated by specific laws and have rules guaranteeing transparency and fairness, or that follow operational standards no less stringent than those required in the Draft PEA. Nonetheless, the Electronic Transactions Development Agency (ETDA) can request or link data relating to exempted DPSs from the relevant supervisory authorities.

Extraterritorial Effect

Offshore DPSs with certain characteristics are also subject to the obligations under the Draft PEA and will have to appoint a coordinating person in Thailand. However, offshore DPSs will not have to establish a business in Thailand.

General Responsibilities and Obligations

The Draft PEA sets out the following requirements:

  • DPSs with (1) at least THB 100 million (approx. USD 2.8 million) in annual revenue from providing the DPSs in Thailand before deducting expenses, or (2) more than 10,000 monthly users in Thailand (calculated from the average monthly usage pursuant to the rules of the ETDA) must report their operations to the ETDA within 30 days of becoming aware that they fall within either of the criteria.
  • Upon any changes in the name, type, channel, or other details of a DPS provider or the DPSs, or in the details of the local coordinator, the ETDA must be notified of the relevant information within 30 days from the date of the change. Any changes must also be included in an annual report due 60 days from the end of each calendar year for individuals or from the end of each fiscal year for legal entities.
  • DPS providers are responsible for the lawfulness of their users’ data and any other data transmitted through the DPS, unless it can be proved or evidence can be shown in court that the DPS acts only as an intermediary for the transmission of the data and does not store it, or that the DPS does not have access to the data.
  • DPSs that do not only act as intermediaries for the transmission of data, or for which the provider can access users’ data or other transmitted data, must implement a system, mechanism, or procedure enabling other persons to report illegal acts or noncompliance. Upon receiving such a report, the DPS must delete or block the illegal data. If the DPS determines that there is no illegal data or noncompliance, the finding must be promptly reported to the ETDA.
  • Measures for the alleviation of injuries, compensation, and remediation must be in place.

Additional Obligations for Certain DPSs

Additional obligations are imposed on two categories of DPSs that have specific characteristics.

A “specific type of DPS” is one that provides all of the following services:

  • Sending and receiving data of users and other persons;
  • Storing data of users and other persons; and
  • Matching different categories of users to facilitate electronic transactions or for the benefit of selling and purchasing goods or services through the DPS.

These specific types of DPSs are obligated to notify users of the laws relating to the purchasing of goods or services and the associated risks; implement a notification system for products that are required by law to have an expiry date; monitor and ensure that the DPS will not be used for illegal activities and immediately report any suspicious activities to the ETDA; implement an identity verification system; and submit an annual report to the ETDA on the DPSs’ transparency, among other obligations.

A “large DPS” is one that:

  • Has over THB 1 billion in annual revenue, before deducting expenses, from the provision of a DPS in Thailand;
  • Has over 100,000 monthly users in Thailand; or
  • Poses a high risk to Thailand’s economy and social stability, or a high risk of potential damage to the public.

Large DPSs are obligated to engage external experts to assess risks at least once a year; arrange for IT audits; appoint a chief compliance officer to liaise with the ETDA and other competent authorities; disclose factors and methods used for processing data to offer goods or services as well as the ranking of those goods or services; and implement channels to enable users to exercise the right not to receive advertisements, among other obligations.

DPS Cessation

In cases of DPS cessation, notification of the cessation must be made to the ETDA at least 60 days prior to the date of cessation. For large DPSs, the cessation notification must be submitted at least 120 days in advance, along with a plan and measures for taking care of users after the cessation. A DPS only ceases once a receipt of notification for the cessation has been issued by the competent official.

Blockage of the Transmission of Data

If there is a transmission of illegal data through a DPS, the ETDA may order that the transmission of data by or to a user be blocked. If the order is not complied with, the ETDA may file a petition with the court requesting an order to block the transmission of data on the DPS.

Whistleblowers and Trusted Flaggers

The ETDA has the duty to recruit, examine, and certify whistleblowers or trusted flaggers and announce the list of certified whistleblowers on its electronic channel. Providers of specific types of DPSs or large DPSs must collaborate with the whistleblowers on certain aspects, such as by having a channel for whistleblowers to register their accounts and so on.

Agreements between DPSs and Users

Operators must clearly declare terms and conditions to users before and during service usage, addressing certain required items such as terms of service, suspension or termination of services, and service fees.

Competition Supervision

The ETDA and the Office of Trade Competition Commission (OTCC) will collaboratively establish criteria for determining the list of gatekeeping platforms and will publish it within six months of the criteria coming into effect.

The ETDA and the OTCC may issue regulations on behaviors, service conditions, and any other activities that are deemed to be an unfair exercise of gatekeeping platforms’ business power (ex-ante regulations).

Next Steps

The Draft PEA will be disclosed for a hearing involving relevant stakeholders and the public before the first draft is finalized.

For more details on digital platform services in Thailand, or on other aspects of the country’s technology-related laws, please contact Athistha (Nop) Chitranukroh at [email protected], Gvavalin Mahakunkitchareon at [email protected], Pornpan Wichawut at [email protected], Thammapas Chanpanich at [email protected], or Rada Lamsam at [email protected].

Related Professionals

Industries

Fintech

Technology

Location

RELATED INSIGHTS​ 

March 6, 2026
Thailand’s Legislation Consideration Committee of the Ministry of Interior has ruled that in-game loot boxes in online games do not constitute gambling under the Gambling Act B.E. 2478 (1935). This first-of-its-kind ruling provides useful guidance for online game operators and digital entertainment companies operating in Thailand. Background The ruling came in response to an inquiry concerning an online role-playing game operator that launched a campaign featuring a loot box mechanism. The mechanism allowed players to purchase a token in exchange for the opportunity to receive a virtual loot box containing randomized in-game items. The key features of this were as follows: The items received were digital, noncash items usable only within the game. The items could not be exchanged, redeemed, or converted into cash with the game operator. Items may differ in rarity but remain purely virtual. The central question was whether paying money to obtain randomized in-game items constituted a risk-based activity involving the chance to receive money or property of monetary value, which would constitute gambling under the Gambling Act. Committee Ruling The committee reached the following conclusions regarding the characteristics of the game’s loot-box mechanism: No cash or monetary equivalent: Players did not receive cash or property that could be exchanged for cash. The in-game items were merely usage rights within the online game ecosystem. No real-world monetary valuation: There was no determination of item value in real currency, and no mechanism for redeeming or converting items into money with the game operator. Any off-platform trading of in-game items between players is irrelevant to online game operators, as any value arising from such transactions is determined by the market rather than by the operators themselves. Service fee characterization: Payments made by players purchasing in-game loot boxes constituted fees for online game services. Accordingly, the committee concluded
Read More
March 5, 2026
Thailand’s Securities and Exchange Commission (SEC) has filed a criminal complaint against a licensed digital asset broker, its overseas trading platform, and its executives for allegedly operating an unlicensed digital asset exchange targeting Thai customers. The case marks an escalation in the SEC’s enforcement efforts against unlicensed offshore platforms that attempt to serve Thai users through local licensed entities. Criminal Complaint On February 20, 2026, the SEC filed a criminal complaint with the Economic Crime Suppression Division against a local licensed digital asset broker, its overseas global trading platform, and its executives. The SEC alleges that the parties violated the Digital Asset Business Emergency Decree B.E. 2561 (2018) by cooperatively operating a digital asset exchange business on a cross-border basis since 2023 without the required SEC license. According to the SEC, the local broker promoted the overseas platform’s services to the public through Thai-language posts on social media channels, with services available exclusively to customers residing in Thailand. Access to the global platform was provided through the local broker’s website and mobile application. Customers who registered for the local broker’s services were automatically granted access to the global platform without having to undergo a separate identity verification process. The SEC also found that the local broker provided back-office system support services to the global platform. The SEC considers these activities to constitute joint operation of an unlicensed digital asset exchange. The former executives of the local broker are being held liable as the responsible persons during the relevant period. The SEC emphasized that the complaint initiates the criminal process, and the decision to prosecute or convict the accused parties will ultimately be made by law enforcement authorities and the criminal courts. Platform Blocking The SEC has also coordinated with the Ministry of Digital Economy and Society to block public
Read More
February 27, 2026
The Bank of Thailand (BOT) has officially implemented a new regulatory framework supervising systemically important retail payment systems (SIRPS), effective February 21, 2026, with PromptPay being the first payment system designated as a SIRPS. Under this new set of regulations, the BOT may designate payment systems under the Payment Systems Act B.E. 2560 (2017) as SIRPSs based on quantitative and qualitative assessments. Once a system is designated as a SIRPS, the operator becomes subject to expanded supervisory obligations beyond the general requirements of the Payment Systems Act. Enhanced Supervisory Requirements SIRPS operators must comply with a heightened supervisory regime across three key areas, outlined below. 1. Governance SIRPS operators must maintain robust and transparent governance structures, including: Balanced board composition, with at least one-third of the board comprising independent directors who represent stakeholders in the system (such as payment service providers, consumers, and experts). Independent directors may serve for no more than two consecutive terms. Subcommittees to assist the board in overseeing compliance, policy implementation, and operational strategy. Clear separation between executives responsible for risk and information security and those overseeing day-to-day business operations. Risk Management and System SecuritySIRPS operators must implement comprehensive risk management frameworks, including: Clear service agreements between the SIRPS operator and its direct participants (payment service providers who connect directly to the SIRPS), defining roles and responsibilities among stakeholders. These agreements must include obligations for direct SIRPS participants to supervise any indirect participants they onboard to ensure compliance with service agreements and business rules. A business continuity plan covering both IT and non-IT aspects, with annual review. The SIRPS must target service availability comparable to international payment infrastructures, including the ability to recover operations within two hours of a disruption and to maintain scalable operational capacity. Tools and controls to monitor and manage material or
Read More
February 26, 2026
Thailand is preparing to offer new tools for intellectual property enforcement as the Electronic Transactions Development Agency (ETDA) recently released for public consultation a draft notification requiring social media platforms to verify user identities and conduct know-your-customer (KYC) checks on advertisers. The draft Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers, which is to be issued under the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes B.E. 2566 (2023), as amended in 2025, primarily aims to combat online fraud and technology-related crimes. However, its new obligations also provide IP owners with valuable tools to identify anonymous infringers. Key Regulatory Mandates The draft notification imposes several verification requirements on social media platforms operating in Thailand. These requirements also strengthen IP rights holders’ ability to identify anonymous infringers, as platforms must: Verify user identities through registered phone numbers and link all accounts to verifiable identities. Conduct KYC checks on advertisers, including individuals, companies, and any third-party payers. Perform heightened identity checks for high-risk or repeat offenders before publishing advertisements. Promptly remove content flagged by the Anti-Technology Crime Division and prescreen advertisements for prohibited or high-risk content. How IP Owners Can Use This Notification for Enforcement The phone number–based verification requirement enables IP owners to work more effectively with enforcement authorities in tracing individuals or entities responsible for infringing content. The comprehensive advertiser KYC obligations, including mandatory disclosure of third-party payment sources, create a clear audit trail even when bad actors attempt to obscure their identity through intermediaries or shell accounts. This traceability is essential for pursuing damages and dismantling organized counterfeit operations. The ETDA is now considering adjustments to the draft notification after receiving comments during the public consultation period, which ended on February 2, 2026. Following finalization
Read More