Thailand has made its draft Platform Economy Act (the “Draft PEA”) available to relevant entities in certain industries. The Draft PEA aims to regulate and standardize digital platform service business operations and protect consumers and other stakeholders. Once the Draft PEA becomes law, the Royal Decree on the Operation of Digital Platform Service Businesses that are subject to Prior Notification B.E. 2565 (2022) and the relevant provisions under the Electronic Transactions Act B.E. 2544 (2001), as amended, will cease to have effect. The key provisions of the Draft PEA are summarized below. Definitions The definitions of the key terms under the Draft PEA are substantially similar to the definitions of the key terms under the royal decree mentioned above. According to the Draft PEA, “digital platform services” refers to the provision of electronic intermediary services that manage data to facilitate connection, through computer networks, between business users, consumers, or users, regardless of whether remuneration is charged. Exemption The Draft PEA does not apply to digital platform services (DPSs) that are regulated by specific laws and have rules guaranteeing transparency and fairness, or that follow operational standards no less stringent than those required in the Draft PEA. Nonetheless, the Electronic Transactions Development Agency (ETDA) can request or link data relating to exempted DPSs from the relevant supervisory authorities. Extraterritorial Effect Offshore DPSs with certain characteristics are also subject to the obligations under the Draft PEA and will have to appoint a coordinating person in Thailand. However, offshore DPSs will not have to establish a business in Thailand. General Responsibilities and Obligations The Draft PEA sets out the following requirements: DPSs with (1) at least THB 100 million (approx. USD 2.8 million) in annual revenue from providing the DPSs in Thailand before deducting expenses, or (2) more than 10,000 monthly users in Thailand (calculated from the average monthly usage pursuant to the

Thailand’s Department of Mineral Fuels (DMF) has developed a framework to regulate carbon capture and storage (CCS) and related activities by introducing “carbon business” to the draft amendment to the Petroleum Act B.E. 2514 (1971). CCS involves the capture, treatment, transport, and underground storage of carbon dioxide produced from industrial power generation. The captured carbon can be used to enhance oil recovery, converted into fuel such as methane or DME (dimethyl ether), or converted to higher-value products. In Thailand, various companies have carried out CCS feasibility studies. Carbon Business and Licensing Under the draft amendment to the Petroleum Act, “carbon business” is defined as exploration for purposes of carbon storage or compression of carbon into carbon storage, while “carbon” is defined as carbon dioxide in the state of gas or supercritical fluid generated as a byproduct or captured from other sources and transported for storage. Any concessionaire, product-sharing contractor, or service contract holder that has been granted permission to explore for or produce petroleum under the Petroleum Act can apply for a carbon business license from the director-general of the DMF with the approval of the Petroleum Committee. Licenses are also available to any other parties who meet the eligibility criteria to be prescribed later by a ministerial regulation. Licenses for these parties will be allocated through competitive bidding according to procedures to be announced by the minister of the Ministry of Energy (MOE). In granting a license, the minister of the MOE and the director-general of the DMF will consider the geological suitability of carbon storage, storage systems, surrounding areas of carbon storage, risk of carbon leakage and movement, environmental impacts, and the applicant’s financial potential and ability in environmental management. Responsibilities of Carbon Business Operators Carbon business operators are required to monitor and inspect their installations, structures, and carbon storage for any carbon leakage and

Mickey Mouse (or, rather, a specific early version of the iconic Disney character) famously entered the public domain in the United States on January 1, 2024, almost 100 years after his 1928 debut in the short film Steamboat Willie. Mickey’s arrival highlighted the increasingly wide annual observance of “Public Domain Day”—the day when creative works enter the public domain for the first time, after the expiration of their copyright terms. This date, however, is not international, and depends on the copyright laws of each country. In Vietnam, Mickey Mouse had been in the public domain for years. Vietnam’s public domain regime Under Vietnam’s IP Law, the duration of copyright protection for moral rights is indefinite, except for rights to publish the works, which, together with economic rights, have a protection term of 75 years from first publication for cinematographic works, photography, applied art, and anonymous works. When these works are not published within 25 years from the date of their creation, the protection term is 100 years from the date of creation. For anonymous works, the protection term is determined when information about the author becomes available. For other types of copyrighted works (such as literary and musical works), following the Berne Convention, the protection term is for the life of the author and 50 years after the author’s death. Works for which the terms of protection have expired belong to the public. Everyone is entitled to use such works but must respect the moral rights of the authors. According to these regulations, Steamboat Willie and two other 1928 Mickey Mouse shorts, which are regarded as cinematographic works, have been in the public domain in Vietnam since 2003. This means that, for the past 21 years, anyone could legally copy, publish or distribute those shorts in Vietnam, and could also make derivative

On 17 April 2023, the Vietnamese government issued the Personal Data Protection Decree, which is set to take effect 1 July 2023 without any transitional period. The PDPD is considered to be the first comprehensive document on data protection in Vietnam. Accordingly, it provides detailed regulations on the rights of data subjects, consent requirements and requirements for data processing impact assessments and outbound transfer impact assessments. In 2024, the adoption of the Law on the Protection of Consumer Rights and the Law on Electronic Transactions will play a vital role regarding data protection. The LPCR will require traders to obtain consent to collect consumer data and establish a mechanism enabling consumers to select the information they consent to traders collecting. Consumers must also be allowed to express consent in a suitable form. For special processing purposes — such as sharing, disclosure, or transfer of personal data to third parties, and use of personal data to send advertisements and to introduce products — the LPCR requires a mechanism which enables data subjects to clearly opt in to give, or not give, their consent. This requirement is similar to procedures currently required for regulated stakeholders under the PDPD. In the same vein, the LET strictly forbids the acts of trading data to protect Vietnamese personal data. The government is anticipated to provide more details relating to data privacy guidelines after the issuance of the Draft Law on Telecommunications. Accordingly, the draft requires enterprises to provide the requisite information — such as service user’s name and address, number and location of transmitting or receiving servers, call times, IP address and other personal information supplied by the service user when entering a contract — to the relevant authority, as per a request which is made in accordance with the law. Amendments to Decree 72/2013/ND-CP on the

Thailand’s Personal Data Protection Act came into full effect on 1 June 2022 and various subordinate regulations have since been issued by the Personal Data Protection Committee. These include regulations on security measures to be implemented by data controllers, data breach notification requirements, a mandatory obligation to appoint a data protection officer when the processing activity requires regular monitoring of personal data or a system due to the large scale of personal data, administrative measures and data processors’ record of processing activities. As some areas under the PDPA still require further clarifications, a series of public consultations for the remaining draft subordinate regulations is anticipated in 2024. Potential areas include data protection impact assessments and cross-border transfers of personal data, which are crucial for organizations and particularly for entities with establishments in other jurisdictions. PDPA enforcement by Thai regulators was silent until the last quarter of 2023, when the PDPC published details about complaints that have been lodged to the Expert Committee. The committee is designated by virtue of the PDPA and has the power to make determinations related to imposing administrative fines and other penalties. Enforcement in 2024 is expected to become more active and potentially more serious, which means organizations should pay closer attention to ensure compliance with the PDPA. Similar to the GDPR, the PDPA also has extraterritorial effect. Once the subordinate regulation on international cooperation has been issued by the PDPC, this should clarify how PDPA enforcement against organizations located outside of Thailand will be conducted by Thai regulators. With respect to sector-specific data protection legislation, in September 2023, Thailand’s National Broadcasting and Telecommunications Commission issued the Notification of the NBTC Re: Measures to Protect Telecommunications Service Users’ Rights in regard to Personal Data, Privacy Rights, and Freedom of Telecommunications, which replaces the previous notification. The notification aims to

The Bank of Thailand (BOT) has issued a new notification to sustainably address Thailand’s household debt problems by establishing responsible and fair lending requirements for lending service providers throughout their lending journey. Notification No. SorKorChor. 7/2566 Re: Provision of Responsible and Fair Lending was announced on December 21, 2023, and took effect on January 1, 2024. The lending service providers this notification applies to include both commercial banks and nonbank business operators (e.g., personal loan business operators, nano-financing business operators, and credit card business operators). The key principle of this notification is to provide criteria for responsible and fair lending that supplement market conduct principles, covering eight areas in the debt cycle: Lending product development. Service providers must offer lending products that are suitable to customers’ needs and repayment capabilities, avoiding encouragement of excessive debt. Loan interest rates should align with the borrower’s risk profile and credit characteristics (risk-based pricing) to ensure fair contract conditions. Advertising. Service providers must prepare and control advertisements with “correct and clear” content, presenting complete and comparable conditions, interest rates, and various fees to customers. The advertisements should not encourage excessive debt, enabling customers to make informed decisions and promoting financial discipline. Sales. In the selling process, service providers must ensure that customers receive complete, accurate, and unexaggerated information that facilitates appropriate consideration of decisions based on a correct understanding of the product or service. Products should also align with customers’ purposes or needs for fund utilization, avoiding encouragement of excessive debt. Consideration of debt repayment ability (affordability). Service providers must be conscientious in considering customers’ debt repayment ability, taking into account all obligations and residual income. Promotion of discipline and financial management. Service providers must provide important information and warnings to debtors, including regular reminders to promote responsible borrowing. Helping debtors with persistent debt. Service providers must convey essential information to make

On November 24, 2023, the National Assembly of the Socialist Republic of Vietnam adopted Law No. 24/2023/QH15 on Telecommunications (“Telecom Law 2023”) after a lengthy period of extensive discussions and revisions. The Telecom Law 2023 is set to take effect on July 1, 2024, except for the requirements relating to basic telecom services on the internet (otherwise known as over-the-top services, or “OTT”), data center services, and cloud computing services, which will take effect on January 1, 2025. Some important highlights of the Telecom Law 2023 are discussed below. Updates on Telecom License Requirements With a few exceptions and save for certain types of telecom services, enterprises in Vietnam are required to obtain Telecom Licenses in order to provide telecom services. There are two types of Telecom Licenses: licenses for the provision of telecom services, and licenses for telecom operations. Telecom Licenses can be granted in two forms. The first is separate licensing, which is for telecom services with network infrastructures that use radio frequencies or operate in areas with special requirements set by the government. The second is group licensing, which covers telecom services with network infrastructure (except in certain cases), telecom services without network infrastructure (except in certain cases), and telecom operations. New Regulations for OTT, Data Center, and Cloud Computing Services The Telecom Law 2023 provides the definitions for OTT services, data center services, and cloud computing services, recognizing them as different types of telecom services. It also outlines the rights and obligations of service providers in these fields. Regarding market-entry conditions, foreign direct investments in OTT services, data center services, and cloud computing services are subject to no restrictions on share ownership ratio or capital contribution. Foreign investors can establish 100% foreign-owned enterprises in Vietnam to offer these services. Enterprises offering these services are not required to obtain Telecom Licenses, but must adhere

Thailand’s Revenue Department (RD) has issued a notification requiring electronic platforms to report their revenue from business operators on their platform. With this information, the RD intends to track business operators’ income from the sale of goods and services through electronic platforms in order to facilitate accurate and efficient tax collection. The notification, which was enacted on December 27, 2023, took effect on January 1, 2024. Under the notification, electronic platforms are required to compile a “special account” containing information on the revenue received from each business operator on their platform and submit it to the RD through the department’s electronic reporting system within 150 days of the end of the fiscal year. The notification defines “electronic platforms” as entities that intermediate between business operators (i.e., sellers of goods or providers of services via the electronic platform) and consumers for the purpose of enabling electronic transactions between the parties. This covers online marketplace operators, ride-hailing operators, food delivery operators, and so on. This reporting requirement applies to electronic platforms registered in Thailand that have (or previously had, starting from the notification’s effective date) annual revenue exceeding THB 1 billion (approx. USD 28.5 million), except for electronic platforms under the supervision of the Bank of Thailand or the Office of the Securities and Exchange Commission, such as payment service providers and cryptocurrency exchanges. Electronic platforms can appoint a third party to prepare and submit the required special account information to the RD on their behalf. Compliance Steps As the requirements established by this notification mean that the RD will now have direct access to information on the income earned by vendors and merchants on electronic platforms, these business operators—whether corporate or individual—should ensure that they faithfully disclose their earnings, submit tax payments correctly, and file income tax returns in a timely manner with the RD. Likewise,