Guide · Technology
Legal Checklist for SaaS and AI Companies in Thailand
Published 6 Oct 2026
Two Thai rules catch software companies out most often. Under section 9 of the Copyright Act B.E. 2537, copyright in work an employee creates in the course of employment belongs to the employee unless agreed otherwise in writing, while under section 10 commissioned work belongs to the client unless agreed otherwise. And the Personal Data Protection Act B.E. 2562 applies to software companies outside Thailand that offer services to, or monitor, people in Thailand. Settling ownership and data before enterprise contracting avoids most later problems.
Who owns the code: the default rules
| Who wrote it | Default owner of copyright | How to change it |
|---|---|---|
| Employee, in the course of employment | The employee; the employer may use it for the purpose of the employment (section 9) | Agree otherwise in writing |
| Contractor or agency, commissioned | The commissioning client (section 10) | Agree otherwise; put it in writing to avoid disputes |
Four questions to settle before enterprise contracts
- Do written agreements with every employee and contractor who wrote code assign or confirm ownership?
- What personal data does the product process, as controller or as processor, and for whom?
- If the company is outside Thailand, does it offer services to or monitor people in Thailand, and does it need a representative in Thailand?
- What will enterprise customers ask for: service levels, liability caps, data processing terms, security commitments?
Questions people ask
Not by default. Section 9 of the Copyright Act gives copyright to the employee unless agreed otherwise in writing; the employer may use the work for the purpose of the employment.
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