As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2023. This guide outlines the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Country Guides series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource for planning international business strategy and researching new markets. The full Guide to Doing Business in Thailand is available through the button below.

Thailand has released a notification adding new consumer protection provisions related to the collection of prepaid telecom service fees and combining several disparate regulations and resolutions. The Notification on the Criteria Relating to the Collection of Prepaid Telecommunications Service Fees was issued on September 4, 2023, and came into effect on September 21, 2023. The notification will be enforced as a general regulation and guideline for all telecom services other than fixed broadband services, which already fall under a comparable regulation.   Previously, Thailand’s National Broadcasting and Telecommunications Commission (NBTC) had issued several regulations to regulate the collection of prepaid telecom service fees. These include the NBTC Notification on Contract Standards, the NBTC Notification on the Maximum Service Fee Rate and Collection of Prepaid Telecommunications Service Fees, and the NBTC Notification on the Criteria Relating to the Collection of Prepaid Fixed High-Speed Broadband Service Fees. These are now subsumed by the new notification. Key requirements of the new notification on prepaid telecom fee collection are described below. Collection Approval Requirement Before collecting prepaid telecom service fees, service providers (SPs) must apply to the NBTC for approval by submitting the required forms and supporting documents. Changes to the criteria and methods of prepaid telecom service fee collection must also be reapproved. This provision aims to protect against fraud and money-laundering transactions. The NBTC will consider whether to approve an SP’s proposal for the maximum period to be covered by the prepaid service fees on a case-by-case basis. After the collection criteria and methods are approved by the NBTC, SPs must inform their users individually. SPs must also report to the NBTC by the 15th of every month after receiving the NBTC’s approval to collect prepaid service fees. Approvals of prepaid service fee collection granted by the NBTC prior to the

Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has issued the Notification of the NBTC Re: Measures to Protect Telecommunications Service Users’ Rights Regarding Personal Data, Privacy Rights, and Freedom of Telecommunications to replace the previous 2006 notification of the same name. The replacement notification supports compliance with the Personal Data Protection Act B.E. 2562 (2019) (PDPA), modernizes the regulations in response to technological change and the convergence of digital business, and enhances the protection of telecommunications users’ personal data, privacy rights, and freedoms. Key aspects of the replacement notification are highlighted below. User Data and Consent The notification specifies that “user’s personal data” includes name, address, ID number, mobile number, usage information, and user behavior that can identify the user. “User” does not include resellers of telecommunications services. To collect, use, or disclose users’ personal data for a purpose other than telecommunications service, service providers must obtain each user’s consent prior to or at the time of collecting the data. The consent (whether written or electronic) must be separate from the telecommunications service agreement. Service providers must clarify the purpose of collecting data, and they must honor users’ rights to opt in and opt out by providing clear and convenient channels for users to withdraw any of their information or cancel any services offered by the operator. Service providers must add an electronic channel for receiving requests from users to review, access, edit, change, or obtain a copy of their data. The electronic channel must also allow requests from users to suspend use or disclosure of their personal data and withdraw consent to collect, use, or disclose their personal data. In addition, service providers must have a system for verifying the identity of users who want to exercise the rights listed in this paragraph. Data Collection and Storage Collection