Thai law for HR, recruitment and freelancer platforms

The rules HR and talent platforms most often have to examine are: Digital platform notification (ETDA); Personal Data Protection Act; Foreign Business Act. Which apply depends on the actual model.

If the service connects businesses, consumers or users for electronic transactions and passes THB 50 million a year platform revenue in Thailand (juristic person) or 5,000 monthly Thai users; platforms below the thresholds give a shorter notification. Platforms outside Thailand serving Thai users are covered. (Royal Decree on Digital Platform Services B.E. 2565, ss. 3, 8, 9, 10).

If the business offers goods or services to people in Thailand, paid or free, or monitors their behaviour there, even from outside Thailand. An offshore controller generally needs a representative in Thailand. (PDPA B.E. 2562, ss. 5, 37(5), 38).

If foreigners hold 50% or more of the Thai company, its activities are checked against the Act's lists; most service businesses fall under List 3 (21), and minimum capital of at least THB 2 million (THB 3 million for a listed business) applies. (Foreign Business Act B.E. 2542, ss. 4, 8, 14, List 3).