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January 9, 2026

Thailand’s Tech Industry Outlook for 2026

Thailand continues to advance its legal and regulatory framework for the technology sector, with several key laws undergoing review and proposed amendments. These developments reflect Thailand’s broader efforts to ensure that its regulatory landscape keeps pace with rapid technological change and aligns more closely with international standards and best practices.

The following are key legal developments and proposed legislative reforms in 2026 that are expected to impact businesses operating in the technology sector and the broader Thai business landscape.

Data Privacy and Cybersecurity

Personal Data Protection Act B.E. 2562 (2019)

Following the full enforcement of Thailand’s Personal Data Protection Act (PDPA) in June 2022, businesses and practitioners have identified practical implementation challenges and interpretative issues. These challenges were reflected in an effectiveness assessment conducted by the Personal Data Protection Committee (PDPC) in late 2024. The PDPC published a set of principles for public consultation to identify issues and directions for potential amendments to the PDPA.

  • Key issues: Emerging issues include clarifying the definitions of “data controller,” “data processor,” and “criminal record”; revisiting the scope of sensitive personal data to better reflect Thailand’s context; proposing amendments to the hierarchy of legal bases to avoid misconceptions of consent as the default legal basis; and clarifying the required level of expressiveness for explicit consent, as well as rules for collecting personal data from other sources.
  • Current status: The first round of public consultation has concluded.
  • Next steps: The proposed amendments are proceeding to a revised draft following the consultation outcomes.

Cybersecurity Act B.E. 2562 (2019)

Thailand is moving forward with proposed amendments to enhance the effectiveness of its national cybersecurity framework, as evolving digital technologies bring new risks such as misinformation, system intrusions, and attacks on critical infrastructure, making cybersecurity a national priority.

  • Key issues: The amendments aim to clarify and strengthen the roles and duties of private entities, particularly critical information infrastructure (CII) operators, in preventing, mitigating, and responding to cyber threats. Key highlights include broadening the meaning of “cyber threat” from a narrow technical focus to a holistic assessment of potential national and public impacts; introducing defined terms such as “cyber threat incident,” “computer data,” and “computer system”; strengthening risk management and incident response by CII operators; and expanding the scope of CII organizations to include public and private entities related to industrial work.
  • Current status: The third round of public consultation has concluded.
  • Next steps: The draft amendments are being revised following the consultation outcomes.

Child Online Safety

Penal Code Amendments

Recent Penal Code amendments, effective December 30, 2025, introduced provisions on sexual harassment and revised provisions on sexual assault. Offenses under these provisions that take place through online channels may result in a court order requiring the removal of the relevant content within a prescribed period, with penalties imposed for failure to comply with such a court order. Thailand is proposing further amendments to address technology-related crimes and online platform-facilitated crimes against minors, including child grooming and sexting.

  • Key issues: The proposals introduce new offenses covering online grooming, transmission of sexually explicit content to minors, and sexual extortion, alongside stricter penalties and extended extraterritorial jurisdiction, reflecting a strengthened focus on child protection in the digital environment.
  • Current status: The first round of public consultation has concluded.
  • Next steps: The Office of the Council of State will consider the draft at the third reading in January 2026.

Artificial Intelligence

AI Regulatory Framework

The Electronic Transactions Development Agency (ETDA) has continued its efforts to develop an AI regulatory framework by opening a public hearing on draft principles for future AI legislation.

  • Key issues: The proposed principles focus on a risk-based approach to AI development and deployment while supporting innovation through measures such as data reuse and sandbox mechanisms. (See more details here.)
  • Next steps: The initiative currently remains at the drafting stage, and a further public hearing on a provision-by-provision draft is expected in 2026.

Fintech

Payment Systems Act B.E. 2560 (2017)

Thailand’s payments landscape continues to be shaped by the Payment Systems Act and an active supervisory agenda from the Bank of Thailand (BOT) focused on fraud risk, interoperability, and digital-first service models.

  • Key issues: The BOT’s Guidelines for Digital Fraud Management took effect on December 17, 2025, and impose end-to-end fraud controls across prevention, monitoring, detection, and remediation for financial institutions and operators of inter-institutional fund transfer systems, e-money, and e-fund transfer services under the Payment Systems Act.

Emergency Decree on Digital Asset Businesses B.E. 2561 (2018)

Thailand’s Securities and Exchange Commission (SEC) has released relaxed digital asset regulations that pave the way for tokenization of carbon credit and renewable energy assets, expanding financing and trading options in the environmental sector.

  • Key issues: The amended regulations permit the offering, trading, and provision of other services related to tokenized carbon credits, tokenized renewable energy certificates (RECs), and tokenized carbon allowances through licensed digital asset exchanges, brokers, and dealers. This regulatory development is aimed at facilitating the green economy and the country’s net-zero goal, while increasing the diversity of products in the regulated digital assets market.

Digital Platforms

Royal Decree on the Operation of Digital Platform Service Businesses That Are Subject to Prior Notification B.E. 2565 (2022)

Thailand’s platform governance entered a more prescriptive phase in 2025-2026 as regulators moved from system registration to targeted oversight of higher-risk platform categories. In parallel, Thailand is developing a primary law, the draft Platform Economy Act (PEA), which, if enacted, is expected to supersede the royal decree and consolidate user-protection and competition tools for the platform economy.

  • Key issues: During 2025, the regulator designated online marketplaces with particular risk characteristics under section 18(2) of the royal decree and imposed additional duties focused on merchant traceability and accountability and compliance with goods standards and takedown mechanisms. With respect to the draft PEA, the principles remain under development at the Council of State, with further drafting and a subsequent hearing expected. Latest policy signals continue to envisage adoption of an EU Digital Services Act–inspired regime, with the royal decree expected to be repealed upon commencement and transitional oversight mechanisms to apply.
  • Next steps: Operators should maintain compliance with the royal decree while monitoring developments in new or amended applicable regulations, as well as the PEA’s trajectory.

Telecommunications

Foreign Satellite Operators Draft Notification

Proposed by the National Space Policy Committee (NSPC) for public consultation on August 20, 2025, with the comment period concluding on September 3, 2025, this draft aims to replace the existing notification issued in 2021 to better align with current national policies on foreign satellite usage.

  • Key issues: The draft notification permits both Thai and foreign satellite operators to use foreign satellites to operate a business providing satellite communication services within Thailand. The consideration for granting permission takes into account technical justifications, economic benefits, social benefits, and national security considerations.
  • Next steps: The draft amendments are being revised following the public consultation outcomes.

Gaming

Draft Gaming Industry Promotion Act

The draft was initially proposed by the Digital Economy Promotion Agency (DEPA) under the Minister of Digital Economy and Society (MDES) by opening a public hearing on draft principles for a future Gaming Act.

  • Key issues: The draft law aims to support the growth of Thailand’s online gaming sector while safeguarding youth and society. The draft law introduces registration requirements for developers and platforms (potentially including offshore entities), which may include a rating system. It is also expected to apply to all types of games, with particular focus on games that incorporate gambling-like features, such as lucky draw mechanisms or point-accumulation and reward-redemption systems. This reflects the Thai government’s position of combating online gambling and online scam activities.
  • Next steps: The initiative currently remains at the drafting stage, and DEPA has recently announced that it will proceed with proposing the Draft Act to the MDES for consideration and subsequent submission to the Cabinet. Further public hearing is expected within 2026.

Looking Ahead

Thailand’s technology regulatory landscape continues to develop through a combination of new legislation, subordinate regulations, regulatory guidance, and evolving enforcement priorities. Technology sector businesses should actively monitor these developments and begin preparing for possible compliance adjustments. In particular, companies should review their data governance frameworks, cybersecurity readiness, platform governance structures, and AI risk management practices to ensure they are well positioned as Thailand’s technology regulatory landscape continues to evolve.

We will continue to monitor these developments closely and provide quarterly updates to keep you informed of any significant changes or new regulatory measures impacting Thailand’s technology sector.

RELATED INSIGHTS​ 

November 27, 2023
Thailand’s Electronic Transaction Development Agency (ETDA) has released two new subordinate regulations under the Royal Decree on Digital Platform Services: one detailing the assessment of digital platform services (DPSs) that will be deemed “high-risk” and subject to additional obligations, and another setting guidelines on user verification and authentication for all DPSs. The two subordinate regulations are summarized below. Impact Assessment of DPS Operations Under the Royal Decree on Digital Platform Services, DPS operations that have the risk of seriously impacting financial and commercial security, reliability and credibility of data message systems, or the general public are subject to additional obligations. The first subordinate regulation mentioned above (officially titled Notification of the Electronic Transactions Commission Re: Criteria for Impact Assessment on Operation of Digital Platform Services) outlines the criteria for the ETDA to determine which DPSs are “high-risk.” DPSs falling under this designation include: DPSs whose total value of transactions conducted through the platform in Thailand exceeds THB 100 million (approx. USD 2.8 million) per year; DPSs whose operators have not registered their entities with the Department of Business Development (DBD)—notably overseas operators—and that have 100 or more merchants or business users in Thailand or total users in Thailand between 5 and 10 percent of the country’s population (i.e., approx. 3.3–6.1 million users, calculated using official 2022 figures); DPSs that allow their users to freely post certain messages, or do certain acts, that may affect the public in certain cases, such as: (1) unlawful messages or acts; (2) messages or acts that may affect a child’s rights or people’s fundamental rights; and (3) messages or acts that may negatively affect political opinions of Thai citizens (whether before or after an election) or statements or actions likely to negatively affect other individuals due to gender differences or sexual violence. After considering
November 23, 2023
On November 14, 2023, Thailand’s Personal Data Protection Committee (PDPC) published a draft notification on collection of personal data regarding criminal records. The draft notification aims to provide clarifications and prescribe further criteria for processing criminal record data under the Personal Data Protection Act (PDPA), which generally requires the processing of criminal records to be carried out under the control of the relevant official authority under the law or under a data protection measure implemented according to rules prescribed by the PDPC. After its eventual passage, the draft notification will have important implications for businesses’ recruitment and human resources activities in relation to individuals with criminal records. Key aspects of the draft notification include the following: “Personal data regarding a criminal record” and “criminal record data” denote personal data related to the investigations of criminal offenses, criminal prosecution, or criminal punishment that is official information or certified by the relevant supervisory authority, regardless of whether that action is connected to a final judgment. Under the draft notification, data controllers may process criminal record data for the purpose of a recruitment process, checking the qualifications of personnel, and considering the suitability of a person for a position if the processing activities are required by law or when a data controller obtains explicit consent from the data subject. Furthermore, the necessity of processing the criminal record data must be announced at the beginning of the recruitment process. Data controllers’ requests for explicit consent to collect a data subject’s criminal record data must also notify the data subject of the consequences of not providing consent or withdrawing consent. The draft notification sets the allowable retention period for criminal record data at a maximum of six months from the end of the processing activities specified above. After the retention period ends, the criminal
November 17, 2023
On October 3, 2023, Thailand’s Board of Investment (BOI) issued a new regulation clarifying the eligibility criteria for investment promotion under the BOI category “5.10 Development of software, platforms for digital services, or digital content.” To be eligible for BOI promotion under the digital activity category, projects must meet criteria related to local development, minimum investment amount, machinery and equipment, and development processes. These criteria for category 5.10 activities, along with the latest clarifications from the BOI, are detailed in the table below. Tax Incentives The BOI also clarified the method for calculating corporate income tax (CIT) exemptions. The CIT cap amount is calculated on an annual basis from the prescribed expenses incurred after applying for BOI promotion and occurring during the year for which the CIT exemption is claimed. The allowances include 100% of expenses for salaries for newly hired Thai IT personnel, technology-related training, and obtaining quality standards (such as ISO 29110). The revenue of projects that qualify for CIT exemption must be from sales or services directly related to software, platforms for digital services, or digital content developed as promoted by the BOI, including licensing fees, subscription fees, pay-per-use expenses, in-app purchase fees, usage fees, revenue sharing, advertising fees, and so on. For more details on BOI promotion for digital activities, or on any aspect of investment promotion in Thailand, please contact Athistha (Nop) Chitranukroh at [email protected] or +66 2056 5600, Napassorn Lertussavavivat at [email protected] or +66 2056 5662, or Thammapas Chanpanich at [email protected] or +66 2056 5561.
November 15, 2023
Four decisions from the Expert Committee under Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) indicate that there will no longer be any relaxation of PDPA enforcement. The enforcement of Thailand’s seminal data protection law had been relaxed for more than a year when, on October 18, 2023, the Personal Data Protection Committee (PDPC) published the first decision made by the Expert Committee on the imposition of administrative measures against a company pursuant to authority granted to it under the Notification of the PDPC Re: Rules for the Consideration of the Imposition of Administrative Penalties by the Expert Committee B.E. 2565 (2022), which was one of the first subordinate regulations issued under the PDPA. Shortly thereafter, on October 19, October 25, and November 15, three additional Expert Committee decisions were published. These three decisions made by the Expert Committee are summarized below. October 18 Decision The complainant in this case lodged a complaint with the Expert Committee alleging that an insurance company contacted him to offer the company’s products without his consent. The complaint further claimed that when the complainant requested the company to disclose how his personal data had been acquired and asked the company to stop contacting him through any channel, the company did not take any action on the requests. The insurance company appeared to have obtained the personal data of the complainant from another source prior to the PDPA becoming fully effective (i.e., June 1, 2022). As the Expert Committee explained in its order, the company failed to comply with its obligations under the PDPA regarding the collection of personal data from another source, which requires consent as a legal basis; failed to comply with the grandfather provision by not publicizing opt-out procedures to enable the data subject to withdraw his consent easily; and