January 2025 Bangkok – The first Internet of Things (IoT) Type 1 telecommunication license issued in Thailand was processed by Formichella Sritawat and accepted by the National Broadcasting and Telecommunications Commission of Thailand (NBTC). Formichella & Sritawat set a standard for IoT Type 1 license applications acceptable to the NBTC.The Internet of Things (IoT) is […] The post Formichella Sritawat acquires first Internet of Things Type 1 Telecommunication License in Thailand appeared first on Formichella & Sritawat Attorneys at Law ..read more

July 2024 Introduction The Computer-Related Crime Act of 2017 (the ‘CCA’) in Thailand is a significant law dealing with computer-related offenses, whether committed using computers or against computer systems. The CCA is a set of rules and a crucial tool in regulating the increasingly complex world of computer-related crimes. Online commentary usually refers to the CCA as written broadly to give authorities broad interpretation and enforcement powers.  The impact of the CCA can be severe and material, directly affecting our everyday experiences and interactions. Virtually all communicat ..read more

June 2024 Thailand’s Personal Data Protection Act (PDPA) imposes RoPA requirements. Just as we discussed exceptions to Legitimate Interest rules under the PDPA in our previous article, it’s crucial to understand the significance of the Notification (a “Notification” in Thailand is akin to a regulation) titled Exemption to the Record of Processing Activities Requirement for Data Controllers that are Small Businesses B.E. 2565 (2022) (RoPA Exemption Notification). This notification directly impacts the compliance obligations of small and medium-sized businesses under the PDPA. According to the R ..read more

30 May 2024 The Legitimate Interest Rule, the Exception to the Rule, and the Exception to the Exception. This intricate web of legal concepts is not just a mere set of rules but a challenge that engages legal professionals in the field of data privacy compliance. Statutes often include rules, exceptions to those rules, and even exceptions to the exceptions. This type of legal structure is seen in various legal systems, such as British nationality laws, U.S. Securities and Exchange compliance codes, and the well-known United States Tax Code. As a Data Controller, your role is pivotal under the ..read more

By John Formichella and Naytiwut Jamallsawat November 2023 With changes in Thailand’s law and policy on foreign satellites, and political and legal issues involving restrictions on the export of computer chips for artificial intelligence (for more information please see Thailand’s current AI policy), there is increased interest in building and operating data centers in Thailand. Indeed, Thailand’s well-known “Eastern Economic Corridor”, where auto manufacturers have long operated, is now being further developed to stimulate the construction of data centers. “Data center services” is not explic ..read more

By John Formichella & Naytiwut Jamallsawat October 2023 The telecommunications market in Thailand has liberalized since the passage of the Telecommunications Business Act (TBA) of 2001 (see Thailand’s Telecommunications Business Act). Before 2001, the telecommunications sector in Thailand operated under a concession structure whereby an operator would build, transfer, and operate networks under a specific period with the Government of Thailand. However, the passage of the TBA in 2001 did not result in a wholesale change in telecommunications regulation under the regulator, the National Bro ..read more

By John Formichella & Naytiwut Jamallsawat September 2023 There is often confusion surrounding telecommunication licensing and cloud services. The primary reason is there is, in fact, a cloud service license requirement from the National Broadcasting and Telecommunications Commission (NBTC). However, the licensing requirement is obligatory if a cloud service provider (CSP) provides a telecommunications service. The definition of “telecommunication service” is referenced in our article on Thailand’s Telecommunications Business Act. Transmission and connectivity are the primary causes affect ..read more

Telemarketing May 2023 Electronic commerce, commonly known as e-commerce, refers to the Internet-based buying and selling of services and products via electronic means. E-commerce uses Internet technology, mobile business, electronic funds transfers, escrowing services, electronic data interchange, supply chain management, inventory management systems, Internet marketing, data collection systems, and many other technologies and innovative business systems. Most, if not all, e-commerce transactions use the Internet for at least one point of commerce. E-Commerce law addresses lega ..read more

June 2023 Introduction Defamation is something that almost everyone could encounter in Thailand. In this regard, many defamation cases are prosecuted and litigated yearly in Thailand. Indeed, legal commenters regularly comment (and opine) that defamation lawsuits are often intended as a form of strike suits or lawfare. Indeed, according to article19.org, “criminal defamation provisions in Thai law (are) against international human rights standards, highlighting a growing international consensus in favour of the decriminalisation of defamation.” Additionally, as much of communications are now ..read more

This article first appeared on Global Legal Insights (2023) Over the past several years, Thailand has been researching, developing, and applying artificial intelligence (AI) and machine learning (ML) in the public and private sectors through international collaborations with AI developers. Thailand is adapting to AI to leverage its benefits in various areas, as demonstrated by its efforts to keep pace with current trends and adapt them for practical purposes.  The role of AI has become increasingly common in various sectors. For example, in the financial industry, AI has been employed to ..read more