November 25, 2024
Thailand has released the set of principles that will form the official draft Platform Economy Act (PEA) for a public hearing period that runs until December 15, 2024. The PEA is likely to be positioned as a general or overarching law for digital intermediary services and digital platform service businesses.
In January 2024, an early, unofficial version of the proposed law had been circulated among a limited group of operators in certain industries to get comments for the working group charged with the PEA’s development. Now, however, the proposed principles that will underpin the official draft PEA have been released publicly to gather comments, feedback, and suggestions from any interested stakeholders.
The principles of the draft PEA cover two main areas: user protection and fair competition. The key details in these two areas are outlined below.
User Protection
The main regulator supervising the law’s user protection elements will be the Electronic Transactions Development Agency (ETDA).
The draft PEA is expected to impose user protection obligations on service providers based on their nature, size, and risk level. The principles set out a three-tiered classification system for service providers that will be covered under the draft PEA, as detailed below, ordered from fewest obligations to most:
Intermediary Service Provider: This describes a service provider acting as an intermediary between a sender and recipient of information on a computer network, the internet, or a telecommunications network.
Service providers likely to fall under this category include cloud service providers and web hosting providers.
Intermediary service providers may be further categorized into the following subtypes:
Mere conduit service providers;
Caching service providers;
Hosting service providers; and
Other service providers as prescribed in ministerial regulations.
Online Platform: This refers to an intermediary service provider offering data storage services that connect various types of users to enable transactions or interactions between them, whether or not fees are charged. These