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

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 legalities associa ..read more

April 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 legalities assoc ..read more

April 2023 John Formichella & Naytiwut Jamallsawat The eCommerce market in Southeast Asia is one of the fastest growing and most promising, with its projection to grow to $11 billion in 2025. According to the Electronic Transactions Development Agency, in 2017, the total eCommerce market in Thailand was estimated at $2 billion. The total Thai eCommerce revenue is expected to reach $3.5 billion in 2018. The driving factors arise from increased Internet and mobile phone use as well as improved logistics and e-payment systems.  Source: www.export.gov With the rapid growth of eCommer ..read more

March 2023 John P. Formichella & Naytiwut Jamallsawat Currently, numerous digital platform service providers are functioning as online intermediaries, covering various types and forms of businesses, and they have become increasingly crucial to Thailand’s economy and society. Therefore, the Thai government is acting to regulate and oversee these service business activities as an overall policy to ensure financial and commercial stability, enhance trust, safety, and consumer protection, and prevent any potential online harm to the public. A Royal Decree (Decree), promulgated in Thailand on 2 ..read more