The Electronic Transactions Development Agency ("ETDA") of Thailand is proposing a new draft Royal Decree on Regulating the Digital Platforms which are Subject to Prior Notification B.E. ... ("Draft Royal Decree") to be enacted under the Electronic Transactions Act B.E. 2544 (2001) ("ETA"). The Draft Royal Decree generally aims to regulate and control all digital platforms targeting customers in Thailand both onshore and offshore.
Under the Draft Royal Decree, "digital platform service" refers to a provision of digital platform services to serve as a medium that has space for connecting digital platform users to offer products, services, or intangible assets via a computer network, regardless of whether the agreement takes place on a digital platform. Under the current Draft Royal Decree, a digital platform service is required to notify ETDA prior to engaging its business and is subject to different requirements and obligations under the Draft Royal Decree and notifications to be issued thereunder. For an offshore digital platform provider, it is also a requirement to appoint a local representative in Thailand.
As of now, the Draft Royal Decree is pretty new and still subject to change.