Thai law for Marketplaces and multi-sided platforms

The rules marketplaces most often have to examine are: Digital platform notification (ETDA); Large platform duties; Personal Data Protection Act; Payment Systems Act (Bank of Thailand); 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 platform revenue in Thailand passes THB 300 million a year for one service type or THB 1,000 million in total, or users pass 10% of the Thai population, once ETDA designates the platform: risk assessment, security, crisis management, a compliance officer and external audit. (Royal Decree B.E. 2565, ss. 18(1), 19).

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).