Thailand recently made history by becoming the first country in Southeast Asia to legalize same-sex marriage. This landmark decision recognizes the equality and dignity of all people, regardless of their sexual orientation or gender identity. It also opens up new opportunities for couples who wish to start or grow their families through adoption. One of the benefits of adopting a child in Thailand is that the law does not discriminate based on the gender or sexual orientation of the adoptive parents. As long as the married couple meets the age and legal requirements, they can adopt a child and become their loving and supportive family. This means that same-sex couples who are married can also enjoy the same rights and responsibilities as any other adoptive parents and provide a caring and nurturing environment for their adopted child. One of the main reasons why same-sex couples can adopt a child in Thailand without any discrimination or prejudice is the strong and comprehensive privacy law that protects the personal data of individuals and families. Thailand’s Personal Data Protection Act (PDPA) ensures that the personal data of people, especially children, is collected, used, and disclosed only for legitimate and lawful purposes, and with respect to their rights and dignity. The PDPA also grants the right of consent and other data subject rights to the legal representatives of children, such as their parents or guardians, regardless of their gender or sexual orientation. This means that same-sex adoptive parents can decide how their adopted children’s personal data is processed and can also protect their children’s privacy and interests from any unauthorized or harmful access. The PDPA also safeguards the personal data of same-sex adoptive parents from any unlawful or discriminatory processing that may damage their reputation or violate their rights. In these ways, the

Thailand’s Minister of Public Health recently promulgated the Ministerial Notification Re: Category 5 Narcotics Which Are Not Cannabis or Hemp Extract and Whose Consumption is Permitted for Treatment of Disease or for Research Purposes (2024). The notification took effect on April 23, 2024. The substances whose regulatory controls are affected by this new notification are psilocybin mushroom (Psilocybe cubensis (Earle) Singer), opium poppy (Papaver somniferum L. and Papaver bracteatum Lindl.), and other plants in these genera from which opium, opium alkaloids, psilocybin, or psilocin may be derived. As a result of this notification, these substances are now classified as category 5 narcotics that can be applied in medical treatment. Without the implementation of this notification, patients could not access newly developed medicines containing these substances, as Thailand’s Narcotic Code prohibits the possession and use of category 5 narcotics. Nonetheless, this does not mean that psilocybin mushrooms and opium can be used without any conditions. There is still a long process to go through before these substances can be used in medical treatment or clinical studies. Under the new notification, the FDA must first approve any medicinal drug formulation containing any of the above substances, and subsequently, the production must be approved for medical use or research purposes. The importation of medicinal drug formulations containing psilocybin mushrooms or opium is not allowed. This seemingly small regulatory change addresses the previous legal obstacle to the research and development of such medicines. According to the previous regulation, a physician or researcher could apply to the Thai FDA for a license to produce or possess medicines containing the aforementioned narcotics. However, production and consumption are considered different activities, and consuming a narcotic-containing medicine, even if it was produced under a valid license, is prohibited by the Narcotics Code and is punishable by imprisonment,

On June 4, Thailand’s Ministry of Commerce (MOC) issued a new notification on e-commerce business registration pursuant to the Commercial Registration Act B.E. 2499 (1956) (CRA), replacing a similar notification from 2010. The new notification (officially titled “Notification Re: Business Regulations that Commercial Operators Must Register and Businesses that Are Not Subject to the Commercial Registration Act, B.E. 2549 B.E. 2567”) took effect on June 5, 2024. While the previous notification required all individuals and legal entities engaged in regulated activities, such as selling goods or services online, to register their businesses with the local district office, the new notification effectively lifts this requirement for certain legal entities. The new notification clearly states that the CRA does not apply to regulated activities conducted by: Private limited companies, registered ordinary partnerships, and limited partnerships (i.e., legal entities under the Civil and Commercial Code); and Public limited companies (i.e., legal entities under the Public Limited Companies Act). Now that the new notification is in effect, limited companies and other specified legal entities are no longer required to register their e-commerce activities and obtain an e-commerce certificate from the MOC. E-commerce certificates previously issued to these legal entities are also voided by the new notification. Nevertheless, the requirement to register for direct marketing and obtain a direct marketing certificate under the Direct Sales and Direct Marketing Act B.E. 2545 (2002) remains in effect for any online sales or e-marketplace platforms administered by legal entities. Given the recent proactive enforcement of penalties for noncompliance with direct marketing registration requirements, we strongly advise business operators to assess whether their operations fall within the scope of direct marketing regulations and require a direct marketing certificate. For more information on e-commerce and direct marketing registration in Thailand, please contact Athistha (Nop) Chitranukroh at [email protected], Nopparat Lalitkomon