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​ 

June 5, 2026
Vietnam’s AI regulatory framework has reached an important milestone. While the Law on Artificial Intelligence No. 134/2025/QH15 (AI Law) established the foundation for AI governance, many practical compliance requirements were left to implementing regulations. On April 30, 2026, the government issued Decree No. 142/2026/ND-CP (Decree 142), which took effect on May 1, 2026, and provides the first detailed guidance on the implementation of the AI Law. Although an official list of high-risk AI systems is still pending from the prime minister, Decree 142 provides valuable insight into how Vietnam’s risk-based AI regulatory framework will operate in practice. Risk Classification Framework The AI Law adopts a risk-based approach under which AI systems are classified as high-risk, medium-risk, or low-risk. Decree 142 builds on this framework by providing detailed guidance on how these classifications are determined. High-risk AI systems are determined based on factors such as (i) their potential impact on life, health, property, human rights, public interests, or national security; (ii) the sector in which they are deployed; and (iii) the scale of affected users or integration with critical infrastructure. The latest draft list of high-risk AI systems appears to follow these same principles. Medium-risk AI systems generally include systems that may mislead, influence, or manipulate users, particularly where users may not realize they are interacting with AI or AI-generated content. The focus is therefore on transparency and authenticity risks rather than broader societal or safety concerns. Low-risk AI systems are those that do not meet the criteria for either high-risk or medium-risk classification. Importantly, Decree 142 seeks to avoid over-classification. Certain systems may fall outside the high-risk or medium-risk regimes, including internal-use systems, office-support tools, technical editing applications, certain back-end processing systems, and AI systems used in artistic, gaming, cinematic, or other creative contexts. Providers must also review and
June 5, 2026
On May 11, 2026, Thailand’s Ministry of Social Development and Human Security released a draft Child Protection Act (“CPA”) for public review. The draft CPA would completely repeal and replace the current Child Protection Act B.E. 2546 (2003). This represents the most comprehensive overhaul of Thailand’s child protection framework in over two decades, reflecting the government’s stated objective of modernizing the law to address evolving social challenges—including those arising from digital technology—and to promote greater coordination among government agencies, local authorities, and civil society. The public review period closes on June 9, 2026. Key changes introduced by the draft CPA that could have significant implications for businesses, particularly online platform providers, media companies, and entities operating child-related services in Thailand, are set out below. Expanded Definition of “Child” Under the current CPA, a “child” is defined as a person under the age of 18, excluding those who have attained legal majority through marriage. The draft CPA removes the marriage exception entirely, broadening the scope of the law’s protections to include all individuals under 18 without exception. Replacement of “Abuse” with Broader Concept of “Violence” The current CPA uses the term “abuse/cruelty,” which covers acts causing harm to a child’s liberty, body, or mind; sexual offenses against children; and using children in harmful or immoral activities. The draft CPA replaces this with the broader concept of “violence,” which encompasses any act or omission causing harm to a child’s body, mind, or development; abandonment or neglect; improper exploitation; and sexual abuse. Notably, the new definition adds developmental harm as a recognized category of injury and captures all forms of misconduct regardless of the child’s consent. New Standalone Definition of Sexual Abuse, Including Online Conduct One of the most significant additions in the draft CPA is the introduction of a standalone definition
May 25, 2026
After several years of policy discussion and continued efforts led by the Ministry of Commerce (MOC) to relax the list of reserved businesses under the Foreign Business Act B.E. 2542 (1999) (FBA), the reform process has now reached a significant milestone. On May 12, 2026, the Thai cabinet approved in principle two draft subordinate legislative instruments aimed at delisting certain reserved business activities under the FBA and reducing licensing requirements for foreign business operators. These developments signal a renewed and concrete effort by the government to modernize Thailand’s business regulatory framework in order to attract foreign investment and boost Thailand’s competitiveness in the global market. Nine Businesses Set for FBA Delisting Below is a list of the nine businesses that are being targeted for delisting from the FBA’s restrictions. A draft ministerial regulation would delist the first eight reserved businesses, while a royal decree has been drafted to delist the ninth business: Telecommunications services (Type 1 license only, covering operators without their own telecommunications infrastructure), under the supervision of the Office of the National Broadcasting and Telecommunications Commission. Treasury center services subject to the Foreign Exchange Control Act B.E. 2485 and under the supervision of the Bank of Thailand. Securities-collateralized lending, pursuant to the laws governing securities and exchange and derivatives regulated by the Securities and Exchange Commission. Agency, dealer, advisory, or fund management services relating to derivatives where the underlying assets fall outside the scope of the Derivatives Act B.E. 2546 (2003) Intra-group shared services, including administrative, human resources, and IT functions Intra-group domestic debt guarantee services Leasing of partial space for installation of financial service machines and automatic vending machines for employee use Petroleum drilling services Trading of agricultural product derivatives through a futures exchange, with physical delivery or receipt of agricultural products at a futures exchange–designated
May 25, 2026
Thailand published new rules on May 1, 2026, establishing clear procedures for how the Anti-Money Laundering Office (AMLO) handles digital assets seized during criminal and money laundering investigations. Taking effect the following day, the Regulation of the Anti-Money Laundering Board on the Custody and Management of Seized or Frozen Assets (No. 3) B.E. 2569 applies to digital asset businesses, cryptocurrency holders, and anyone subject to asset seizure under Thailand’s anti-money laundering laws. For the first time, authorities now have a detailed roadmap for transferring seized digital property from private or foreign control into secure state custody. Digital asset businesses holding customer assets under investigation must be prepared to comply with these rules compelling repatriation of such assets in enforcement actions. Expanded Definition of Digital Assets The regulation defines digital assets to include not only those covered by Thailand’s existing digital asset business law but also any other property that can be stored using the same methods as digital assets. This broad formulation means the custody rules will apply to emerging blockchain-based assets and tokenized property that may not yet fall within the statutory definition of a digital asset business, giving authorities flexibility as the technology evolves. Mandatory Transfer to Domestic Custody When digital assets are held with service providers outside Thailand, AMLO will first attempt to transfer them to an account the office maintains with a licensed domestic digital asset business operator. If the domestic operator does not support that particular asset, the office will instead move the assets to its own cold wallet (offline, internet-isolated storage system). If neither option is feasible, the seizing official will report the situation to the Anti-Money Laundering Committee for alternative instructions. A similar hierarchy governs assets held in an accused party’s private wallet or by any third party that is not a