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, 2025

Thailand Updates Draft Notification on Additional Obligations for Online Marketplaces

Subscribe to Updates

After making revisions to the initial draft notification released in November 2024, Thailand’s Electronic Transactions Development Agency (ETDA) has released an updated draft Notification on Additional Obligations for Digital Platform Service Operators of Online Marketplaces for Goods with Specific Characteristics under Section 18(2) of the Royal Decree on the Operation of Digital Platform Service Businesses Subject to Prior Notification B.E. 2565 (2022) B.E. … . A focus group session was also held to gather feedback from business operators.

Below is a summary of key provisions in the new draft.

Unchanged Items

Some key concerns that remain unchanged from the previous version of the draft notification include the following:

  • Offshore business operators running online marketplaces that act as intermediaries for the sale or exchange of goods and provide facility services for the sale of goods (referred to as “specific marketplace operators” in the draft) are required to establish a local entity in Thailand. However, the criteria for determining which operators are specific marketplace operators are still under discussion due to feedback from business operators.
  • Specific marketplace operators must submit a compliance report to the ETDA along with their annual report each year.
  • Specific marketplace operators must verify that “business users” (e.g., merchants) provide complete details about goods in accordance with product standardization requirements.

Removed Obligations

The updated draft notification has removed specific marketplace operators’ obligations to:

  • Conduct Identity Assurance Level 2 (IAL2) verification of business users before onboarding them on their platforms.
  • Submit a registry of business users’ information to the ETDA.
  • Retain business users’ information for a specified retention period.
  • Implement measures to filter reviews of products subject to specific standards.

Revisions

Key revisions made to the draft notification include the following:

  • The effective date has been extended to 120 days after the notification’s publication in the Government Gazette, up from 60 days in the previous draft.
  • The term “products subject to specific standards” now includes three additional categories of regulated goods: medical devices, herbal products, and hazardous substances. This expansion aims to cover all products regulated by Thailand’s Food and Drug Administration (FDA), as the intention of this notification is to encompass products under the supervision of both the Thai Industrial Standards Institute and the FDA.
  • The information that must be reported to the ETDA now includes:
    • The number and proportion of goods on the platform that are subject to product standards.
    • The number and proportion of business users selling or advertising such goods.
    • Data on removed goods and business users, including the number of removals.
    • Complaint handling statistics, including the number and proportion of complaints related to products subject to specific standards.
  • Instead of conducting IAL2 verification of business users, specific marketplace operators must collect certain information from business users, such as name, address, phone number, email address, a copy of their identification document (or electronic version), and bank account details.
  • Specific marketplace operators must have business users conduct self-certification for compliance with laws regarding products subject to specific standards.
  • The maximum complaint response period for specific marketplace operators is changed from 24 hours to 3 days.

Timeline

The ETDA is gathering feedback from relevant operators and will present the draft notification to the agency’s Electronic Transactions Committee in April 2025. Once the draft is finalized and approved by the committee, it will be published and implemented shortly after.

Related Professionals

Industries

Consumer Products

Technology

Location

RELATED INSIGHTS​ 

February 7, 2025
Vietnam’s political system is currently undergoing a significant reorganization to streamline government operations and improve efficiency. In this regard, Plan 141/KH-BCDTKNQ18, issued on December 6, 2024, provided guidelines on the restructuring of existing ministries, ministerial-level agencies, and government-affiliated agencies. Accordingly, the number of ministries is being reduced from 18 to 14 through mergers and consolidations and the establishment of a new Ministry of Ethnic and Religious Affairs. The number of ministerial-level agencies is being reduced to three, and government-affiliated agencies to five. Similar streamlining is happening at provincial levels. The newly consolidated state agencies will assume all functions, rights, and responsibilities of the merged entities, and will continue handling all ongoing matters previously handled by the former agencies. Some examples of these changes include the following: The Ministry of Science and Technology (MOST) will oversee telecommunications, IT applications, cybersecurity, e-transactions, and national digital transformation, which had previously been managed by the Ministry of Information and Communications (MIC). MOST will also be responsible for issuing licenses related to these areas, such as licenses for G1 online game services and telecommunication services. The Ministry of Culture, Sports, and Tourism will assume the responsibility of press management, previously under the MIC. The Ministry of Finance will assume state management functions related to investment, previously handled by the Ministry of Planning and Investment. Provincial Departments of Finance will issue Investment Registration Certificates and Enterprise Registration Certificates, a responsibility previously held by the Departments of Planning and Investment. The Ministry of Home Affairs will oversee labor and employment matters. Provincial Departments of Home Affairs will be authorized to issue work permits and will be the designated authorities for companies to register their internal labor regulations. Advantages for Businesses The restructuring aims to simplify regulations and expedite licensing processes. By reducing the number of agencies
Read More
February 6, 2025
The Thai government has proposed amendments to the Gambling Act B.E. 2478 (1935), aiming to address the growing influence of online gambling activities and strengthen regulatory oversight. These amendments, if enacted, would introduce significant changes, particularly concerning online gambling operators, participants, and related advertising activities. The draft amendment is currently in the public hearing process, which is scheduled to conclude on February 14, 2025. Key highlights of the proposed amendments are discussed below. Online Gambling In the proposed amendment, “online gambling” refers to gambling via a computer system or electronic system either through the internet or through remote communication. Organizing, participating in, or engaging in any type of online gambling is prohibited unless authorized by the competent authority. This opens the door for the authorization of casino-style online gambling in Thailand. However, the proposed amendment also imposes strict penalties on both operators and gamblers engaging in unauthorized online gambling: Anyone who organizes unauthorized online gambling is subject to imprisonment for 7–12 years. This penalty also applies to those responsible for managing electronic systems or tools used to facilitate gambling, as well as anyone involved in advertising, promoting, or deceiving others, either directly or indirectly, to engage in online gambling without proper authorization. Any person who engages in unauthorized online gambling is subject to imprisonment for 1–3 years. Dealers, supervisors of gambling or gambling activities, runners conveying wagers or other betting information, and owners of premises who knowingly permit such unauthorized activities are subject to imprisonment for 5–7 years. Penalties for Unauthorized Offline Gambling Operators The proposed amendment revokes the previous penalties under the Gambling Act and proposes stronger penalties. Both the original penalties and the proposed replacements depend on the type of gambling activity under the law, which classifies gambling activities into two types—list A and list B. List
Read More
February 3, 2025
On January 28, 2025, the Office of the Personal Data Protection Committee (PDPC) hosted Data Privacy Day 2025, bringing together over 1,000 participants from both the public and private sectors. The event underscored the importance of personal data protection and aimed to raise nationwide awareness while fostering a culture of compliance. During the event, the PDPC reaffirmed its commitment to strengthening Thailand’s data protection framework to align with international standards. The initiative also emphasized the collective goal of achieving zero data breaches. During the first session of the event, Mr. Prasert Jantararuangtong, deputy prime minister and minister of digital economy and society, delivered a speech highlighting the role of personal data protection in fostering Thailand’s digital economy. He emphasized that strong data protection measures enhance business credibility, build consumer trust, and attract foreign investment. He also addressed the PDPC’s “zero data breach” policy and the ongoing issue of data leaks, which have been exploited by call-center scam operations to deceive the public and cause financial harm. Additionally, Mr. Prasert announced that the Thai cabinet has approved a draft amendment to the Emergency Decree on Cyber Crime Prevention and Suppression B.E. 2566 (2023), commonly referred to as the “Cyber Crime Decree.” The draft will now proceed to the Council of State for review before its official enactment. Key provisions of the amendment include holding financial institutions, telecom providers, and social media platforms accountable for technology-related crimes; requiring compensation for victims; and enforcing stricter security measures. Cyber offenses, including personal data trading, face harsher penalties of up to THB 5 million in fines or five years of imprisonment. Authorities are also empowered to suspend suspicious SIM cards for committing illegal activities and expedite monetary refunds for victims without court approval. In the second session, the Office of the PDPC presented its
Read More
January 30, 2025
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,
Read More