Thailand: Required reporting by digital platform operators

This requirement also applies to foreign operators providing service to users in Thailand.

This requirement also applies to foreign operators providing service to users in Thailand.

Pursuant to the Royal Decree on the Operation of Digital Platform Service Businesses that are Subject to Prior Notification, B.E. 2565 (2022)—effective 21 August 2023—operators of digital platforms (whether foreign or domestic) providing service to users in Thailand must report certain information to the Electronic Transactions Development Agency (ETDA). 

Any business operator who has a “digital platform service” providing electronic intermediary services that manage data to facilitate connections between users for the conclusion of electronic transactions—including those involving the online marketplace, sharing economy, online communication, social media, advertising, audio-visual and music sharing, search tools, maps, virtual assistants, or cloud service—must comply with the decree. A digital platform service may be exempted if it does not act as an intermediary or if it is in a specific sector subject to specific rules and regulations (e.g., the regulations of the Bank of Thailand (BOT) or the Office of the Securities and Exchange Commission (SEC) in accordance with the prescription of the Electronic Transaction Commission). 

Types of notifications

Information to be submitted

Deadline for notification

Before business operation

General information is required about the digital platform (i.e., name, address, details of services or products of digital platform operator, URL, application)

Before the commencement of business 

During business operation

Annual notification

All digital platform operators are required to submit the annual notification.


Additional information is required for a digital platform service that meets one of the following criteria: 

(1) Annual gross revenue

  • For a natural person, more than THB1.8 million per year
  • For a juristic person, more than THB50 million per year

(2) Platform users, more than 5,000 users per month

For a natural person, within 60 days from the last day of a calendar year

 

For a juristic person, within 60 days from the last day of an accounting year

 

Terms & Conditions (T&C) notification

A digital platform service provider that is an online search engine or (1) charges a fee to its users, (2) acts as an intermediary in offering goods or services, whether the transactions take place in whole or in part on the platform, and (3) has contractual relationships between business users and customers, may be required to notify its users and the ETDA of its T&C.

For a natural person, within 60 days from the last day of a calendar year

 

For a juristic person, within 60 days from the last day of an accounting year

Upon business cessation

Notification of cessation of the digital platform’s operation

Not less than 60 days prior to the cessation of business


Read a December 2023 report [PDF 227 KB] prepared by the KPMG member firm in Thailand

 

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