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

April 10, 2026

Thailand Issues Guidelines on Digital Platform Fee Transparency and Fairness

Thailand has introduced new regulatory guidance requiring digital platform operators to adopt structured, transparent, and fair fee practices. On March 16, 2026, the Electronic Transactions Development Agency (ETDA) published Announcement No. DPS 2/2569, titled “Guidelines for Transparency and Fairness in Digital Platform Service Fee Determination,” issued under the Royal Decree on Digital Platform Service Business Operations B.E. 2565 (2022). The guidelines establish a framework governing how digital platform operators should set, disclose, and adjust fees charged to users and related service providers such as logistics and payment providers.

Although framed as best-practice guidance rather than legally binding rules with explicit penalties, the guidelines carry regulatory weight under the royal decree and represent a significant step toward structured governance of digital platform fee practices in Thailand.

The guidelines establish various transparency principles and divide fees into two distinct categories—compulsory and additional—with specific governance principles for each.

Transparency Principles

The guidelines recommend that digital platform operators adopt several transparency measures to ensure that users can fully understand the costs of using a platform.

  • Fee catalog. All fees should be consolidated into a single, accessible location, which should include the fee name, definition, scope of covered services, calculation methodology, rate, billing period, and calculation examples.
  • Minimum service disclosure. Operators should disclose the minimum service that users can expect, such as baseline visibility, product listing capabilities, access to transaction data, and back-end dashboard access.
  • Price structure disclosure. Operators should disclose the categories of costs underlying their fees, such as system maintenance, cybersecurity, and operational costs. While exact cost figures need not be made public, operators should be able to provide numerical data to regulators upon request.
  • Clear fee formulas. Fee calculations should be simple and easy to understand—for example, percentage of net sales, cost per order, or cost per product listing. Operators should avoid multilayered or stacked fee formulas that may mislead users.
  • Advance notice. Operators should notify users at least 15 days in advance of any fee change, disclosing the reason, scope, potential impact on users, and channels for inquiries and feedback.

Compulsory Fees

Compulsory fees cover services essential to basic platform operations, such as transaction processing, payment systems, identity verification, back-end systems, security, and basic customer service. Key recommendations include the following:

  • “1 activity = 1 fee” principle. Each fee should correspond to a clearly defined service scope, with no double-charging.
  • Cost-based logic. Fees should be justifiable by reference to cost categories, though detailed cost figures need not be publicly disclosed.
  • Minimum service guarantee. Users who pay compulsory fees are entitled to stable systems, baseline visibility, basic customer support, and access to essential data.
  • No conditional linkage. Basic rights should not be degraded if a user declines to purchase advertising or add-on services. For example, product visibility should not be reduced for users who do not purchase advertising.

Additional Fees

Additional fees include value-added services such as advertising, sales promotions, and subscription packages that enhance business performance beyond the baseline. Governance recommendations for additional fees include the following:

  • No impact on core benefits. Declining add-on services should not reduce baseline visibility or degrade basic system performance.
  • Value-based pricing. Fees should reflect measurable outcomes, such as impressions or search ranking improvement.
  • Optional, not mandatory. The purchase of add-on services should be voluntary, with no coercive bundling or pressure to purchase.
  • Unbundling principle. Basic and add-on services should not be mixed in ways that force users to purchase unnecessary bundles.

Common Principles for All Fee Types

Regardless of category, the guidelines recommend several overarching principles applicable to all fees:

  • Minimum service standards. Each fee type should be linked to clearly defined minimum service levels, including baseline data access, standard visibility, and appropriate service periods.
  • 15-day public consultation. Before any fee adjustment, operators should open a minimum 15-day consultation period, which should be accompanied by a summary of key issues, impacts, and the operator’s response to any feedback.
  • Fee challenge mechanism. Operators should maintain a formal process allowing users to dispute fees, with clear timelines, response procedures, and reasoning.
  • Fair exit. Cancellation procedures, especially for monthly or annual subscriptions, should be clear, reasonable, and free of excessive penalties.

Implications for Digital Platform Operators

Under the new guidelines, digital platform operators—particularly e-commerce marketplaces, food delivery apps, and similar intermediary platforms—may need to make significant operational and legal adjustments, and should review their current fee structures, disclosure practices, and terms of service for alignment with these guidelines. Key priorities include the following:

  • Preparing a consolidated fee catalog
  • Developing advance-notice and consultation procedures for fee changes
  • Implementing fee-dispute mechanisms
  • Ensuring internal cost-allocation records can be produced for regulators on request

In addition, the “1 activity = 1 fee” principle and unbundling requirements may force operators to unbundle existing combined fee packages and justify pricing with cost-based or value-based rationale. The prohibition on conditional linkage, such as suppressing product visibility for users who do not buy ads, directly limits a common monetization strategy and may affect revenue models.

RELATED INSIGHTS​ 

July 30, 2025
Artificial intelligence (AI) model training and data scraping are essential processes in the development of modern AI systems. AI model training involves using large datasets to teach machine learning algorithms to recognize patterns, make predictions, or generate new content. Data scraping refers to the automated extraction of information from websites or digital sources, often to assemble the vast datasets required for effective AI training. As these practices become more widespread, questions about the legality of using third-party content—especially copyrighted works—have become increasingly important. In Thailand, the legal landscape for AI developers is shaped primarily by the Copyright Act, which presents unique challenges due to the absence of a fair-use exception. This article examines the copyright-related risks and legal uncertainties facing AI developers under Thailand’s current copyright law and practices, offering strategic guidance for navigating this complex environment. Copyright Risks in AI Scraping and Training Thailand’s Copyright Act does not provide a broad fair use or fair dealing exception, unlike some other jurisdictions, such as the United States. This absence has significant consequences for AI developers: No general defense for AI training: Any use of copyrighted material for AI model training is presumed to be infringing unless a specific, narrow statutory exception applies or explicit permission is obtained from the rights holder. There is no general legal basis for using copyrighted works in AI training without authorization. Increased rights clearance burden: Developers must identify and secure licenses for every copyrighted work included in their training datasets. Given the scale and diversity of data required for effective AI models, this process can be both impractical and costly. Legal ambiguity and litigation risk: The lack of clear statutory guidance or case law leaves developers in a legal gray area. There is no established precedent clarifying whether certain uses of copyrighted material for
July 24, 2025
Thai authorities have escalated efforts to block unlawful cross-border digital asset business operators. On June 19, 2025, the Ministry of Digital Economy and Society (MDES) issued a notification empowering it to ban internet access to operations or services offered by digital asset business operators who lack licenses from the Thailand Securities and Exchange Commission (SEC) under the Emergency Decree on Digital Asset Businesses B.E. 2561 (2018). This ban, issued under the 2023 Royal Decree on Measures for the Prevention and Suppression of Technology Crime, particularly aims to block Thai users’ access to services offered by unlicensed offshore digital asset providers via their own apps or websites or through public social media platforms. Compliance Requirements The notification requires internet service providers and social media platforms selected by MDES to immediately impose internet access restrictions on identified apps, websites, and IP addresses of illegal operators upon receiving MDES orders. Takedown Orders There are two tracks for competent officials at MDES to issue orders to operators: If the competent official is notified by the SEC of licensing noncompliance by a particular digital asset business operator, the competent official can issue a takedown order to the operator upon approval from the permanent secretary of MDES. If the competent official independently discovers, or receives a complaint from any third party other than the SEC, that a digital asset business operator may have violated licensing requirements, the competent official can ask the SEC to verify and confirm the relevant facts and noncompliance before seeking approval from the permanent secretary of MDES to issue the takedown order. Streamlined Enforcement Prior to this notification, the SEC could obtain takedown orders only from Thai courts under the 2007 Computer Crime Act to take down or block access to unlicensed digital asset platforms and apps. This was a relatively
July 24, 2025
Vietnam’s Ministry of Public Security recently released a draft version of the 2025 Cybersecurity Law, which is intended to replace both the existing 2018 Cybersecurity Law and the 2015 Law on Network Information Security (LNIS). This consolidation reflects a broader effort by the Vietnamese government to streamline and centralize the legal framework governing cybersecurity, data protection, and information security to be under the sole authority of the Ministry of Public Security, moving away from the previous sharing of responsibility with the former Ministry of Information and Communications (which ceased operations earlier this year and merged with the Ministry of Science and Technology). This shift aims to eliminate overlaps and improve enforcement efficiency. The draft law is built upon the foundation of principles and provisions of both the 2018 Cybersecurity Law and the 2015 LNIS, while also introducing a wide range of amendments and new regulations. By merging the two laws, the government seeks to reduce legal fragmentation and ensure consistency in definitions, obligations, and enforcement mechanisms across related domains like data protection, IT system classification, and cybercrime prevention. The newly introduced amendments include enhanced obligations for service providers, stricter controls on information transmission, classification of IT systems, designation and protection of nationally important information systems, and sector-specific violations and compliance requirements. Highlights of the draft law are discussed below. Definition and Obligations of Service Providers The draft law clearly defines and significantly broadens the scope of entities considered “service providers” under its jurisdiction. This now includes businesses and individuals offering products or services in cyberspace, including both infrastructure and content online services, such as: Internet service providers (ISPs) and providers of telecommunications, hosting, servers, domain names, VPNs, proxy services, and cloud computing; Providers of social networks, websites, and online gaming; Financial institutions, banks, foreign bank branches in Vietnam, e-wallet
July 23, 2025
On July 4, 2025, Thailand’s Electronic Transactions Development Agency (ETDA) issued two significant notifications that introduce new compliance requirements for ride-hailing platforms operating in the country. The notifications formally designate these platforms as high-impact digital services under section 18(3) of the Royal Decree on Digital Platform Service Businesses and impose a comprehensive set of additional operational obligations. These measures are designed to address regulatory gaps and enhance oversight of digital platforms providing public passenger vehicle or motorcycle ride-hailing services. First, the Notification on the Designation of Ride-Hailing Platforms under section 18(3) formally designates all ride-hailing platforms that have notified the ETDA of their operations as high-impact digital platform services under section 18(3) of the royal decree. Unlike high-risk marketplace platforms, which are named individually, any ride-hailing platform that has notified the ETDA of its operations is automatically subject to these new requirements. Next, the Notification on Additional Obligations for Ride-Hailing Platforms imposes further obligations on ride-hailing platforms, supplementing the general requirements under section 21 of the royal decree. These notifications will come into force 90 days from their publication in the Government Gazette. New Compliance Obligations The new regulatory framework introduces a range of operational, technical, and reporting requirements for ride-hailing platforms, particularly concerning the issues described below. Vehicle and Driver Compliance Operators must: Ensure that all vehicles used on the platform are registered as public vehicles in accordance with Department of Land Transport requirements Verify all drivers hold valid public driving licenses Collect service fees in compliance with applicable fare regulations under the Vehicle Law Digital Platform Features and User Verification Operators must implement robust digital platform features for both drivers and riders, including: Comprehensive identity verification and confirmation processes for drivers and riders, utilizing both face-to-face and non-face-to-face methods, including biometric and digital ID checks Real-time GPS