NO&T Asia Legal Review
Following our previous article (“Thailand’s Royal Decree on Digital Platform Services – Update from the Draft to the Recently Enacted Law”, NO&T Asia Legal Review No.55 (January, 2023)) discussing the implementation of the Royal Decree on Digital Platform Services B.E. 2565 (2022) (the “Royal Decree”), over 1,800 digital platform service providers have notified the Electronic Transaction Development Agency of Thailand (“ETDA”) of their business operations.
The Royal Decree imposes different obligations on platforms of different sizes and characteristics, whereby certain digital platform service operators are subject to more stringent obligations as outlined in the Royal Decree and further specified by the Electronics Transaction Committee because of, among other things, the risks they pose to financial and commercial security, reliability and credibility in data messaging systems or the public and the high level of potential impact the operation of their platforms may have. In this regard, the Electronics Transaction Committee has issued a new draft notification that outlines further obligations for certain digital marketplace platform service providers.
Under the draft Notification of the Electronics Transaction Committee re: Additional Obligations Imposed on Digital Marketplace Platform Service Providers with Specific Characteristics in accordance with Section 18(2) of the Royal Decree on Digital Platform Services B.E. 2565 (2022) B.E. …. (the “Draft”), a “Digital Marketplace Platform Service” is defined as a digital platform service which acts as an intermediary for the purchase, sale or exchange of goods which also provides services to facilitate sales, such as chat messaging systems for products inquiries, product baskets, delivery arrangements or payment systems. Digital Marketplace Platform Service providers that meet the criteria to be subsequently prescribed in a notification of ETDA issued under Section 18(2) of the Royal Decree (the “Platform Service Providers”) will be subject to the additional obligations imposed under the Draft, which may be summarized as follows:
Since the Draft was subject to public hearings during the period from 30 October 2024 to 30 November 2024, further revisions may be made before the final draft is approved. Digital Marketplace Platform Service operators are advised to follow updates on the Draft and the notification of ETDA to be issued under Section 18(2) of the Royal Decree to review and assess whether they fall under the scope of Platform Service Providers, and to ensure they are prepared to comply with any additional obligations once the Draft is enacted.
This newsletter is given as general information for reference purposes only and therefore does not constitute our firm’s legal advice. Any opinion stated in this newsletter is a personal view of the author(s) and not our firm’s official view. For any specific matter or legal issue, please do not rely on this newsletter but make sure to consult a legal adviser. We would be delighted to answer your questions, if any.
Yuan Yao Lee
Nga Tran
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