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January 30, 2025

Thailand Prepares to Enhance Legal Measures against Cybercrime

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The Thai cabinet has approved a draft amendment of the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes as proposed by the Ministry of Digital Economy and Society to strengthen measures against technological crimes, particularly targeting call center scams and cyber fraud.

Following the Council of State’s review, the emergency decree will be become effective immediately upon its enactment and publication in the Government Gazette.

While the draft amendment is not yet publicly available, the government recently indicated that the emergency decree aims to empower authorities with decisive measures to combat cybercrime effectively. It underscores the shared responsibility among various sectors, including banking, telecommunications, and online platforms, in safeguarding against technological crimes.

Key provisions of the draft amendment of the emergency decree include:

  • Telecommunications provider obligations: Telecommunications service providers must suspend SIM cards associated with criminal activities. The National Broadcasting and Telecommunications Commission and mobile service providers themselves are authorized to temporarily suspend mobile phone numbers if there is reasonable suspicion of involvement in criminal activities.
  • Banking responsibilities: Financial institutions are required to promptly report mule accounts to the Anti-Money Laundering Office to facilitate quick restitution to victims. The Anti-Money Laundering Transaction Committee is empowered to order the return of funds to victims without requiring a final court ruling.
  • Penalties for noncompliance: The amended emergency decree introduces penalties for noncompliance by regulated entities that fail to prevent criminal activities for offenses related to technology crimes in the following cases:
    • Digital asset services: Those engaged in the buying, selling, or exchanging of digital assets, such as cryptocurrencies and digital tokens, as well as digital asset businesses that launder money obtained from online crimes by converting it into digital currency, will be subject to imprisonment for up to one year, a fine of up to THB 100,000, or both.
    • Online gambling offenses: Those involved in illegal online gambling activities will be subject to imprisonment for up to five years, a fine of up to THB 100,000, or both.
    • Unauthorized sale of personal data: Those engaged in the trading of personal data will be subject to imprisonment for up to five years, a fine of up to THB 5 million, or both.
  • Shared liability: Financial institutions, telecommunications services operators, and social media platforms may be held accountable for damages resulting from their negligence in preventing cybercrimes if they fail to exercise the necessary professional due diligence.

For more details on any aspect of technology and cybersecurity in Thailand, please contact Athistha (Nop) Chitranukroh at [email protected], Nopparat Lalitkomon at [email protected], Napassorn Lertussavavivat at [email protected], or Sirirat Rinsiri at [email protected].

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