Thailand’s Electronic Transactions Development Agency (ETDA) issued guidelines for managing advertisements on digital platform services (DPSs) earlier this year. These guidelines aim to prevent fraud, illegal product or service offerings, and inducements to commit illegal acts, and are likely to provide a basis for greater regulation of this issue in the future. Key obligations for DPS business operators under the guidelines are detailed below. Advertiser Screening and Data Collection Verification and collection: Business operators must establish processes for verifying and collecting advertiser data. This includes steps, methods, and required information for advertiser registration. Identity verification: Business operators should follow identity verification requirements for advertiser registration. This may include using identity verification results from other identity providers or conducting their own identity verification processes with a minimum identity assurance level (IAL) of IAL2. Data storage: Advertiser data must be stored in a machine-readable format. Business operators must maintain records for watchlists, blacklists, and whitelists. Prepublication Advertisement Review Review process: Business operators should review advertisements before publication. This review should consider factors such as prohibited or restricted advertisements, required permissions, and avoiding sensitive user data. Postpublication Monitoring Advertisement monitoring: Business operators must monitor published advertisements using automated systems, staff, or contracted personnel. Criteria for prioritizing reviews should be established. Reporting channels: Business operators must provide channels for users to report illegal or inappropriate advertisements. Reports must be promptly addressed, prioritizing cases involving intellectual property owners or multiple credible reports. Advertiser account monitoring: Business operators must monitor advertiser accounts. This includes considering factors such as the number of reports/flags received and compliance with service agreements and community standards. For more information on this initiative from the ETDA, or on any aspect related to Thailand’s regulations for DPSs, please contact Athistha (Nop) Chitranukroh at [email protected], Thammapas Chanpanich at [email protected], Pornpan Wichawut at [email protected],

On August 9, 2024, Thailand’s Electronic Transactions Development Agency (ETDA) opened a period for public feedback regarding the 2022 Royal Decree on Digital Platforms and its subregulations. To collect this feedback, the ETDA has prepared a 44-question survey on specific attributes of the royal decree and its requirements, covering issues such as the definition of digital platform services (DPSs), types of services that are subject to notification requirements, information that must be submitted annually, and the royal decree’s extraterritorial scope. Business operators that fall within the scope of the royal decree and wish to provide feedback on its effectiveness should prepare and submit the survey online to the ETDA by the end of August 2024. Royal Decree on Digital Platforms Thailand’s Royal Decree on Digital Platforms was published in the Government Gazette on December 22, 2022. It defines a DPS as any service that facilitates or mediates transactions between users through a digital platform, such as e-commerce, food delivery, ride-hailing, online travel agency, online payment provider, or social media platform. The decree requires DPS operators to notify the ETDA before commencing operations, with some limited exemptions. The decree also empowers the ETDA to issue notifications (i.e., subregulations) and guidelines for implementing the decree and to monitor and enforce compliance by DPS operators. The ETDA may impose administrative sanctions, such as warnings, fines, service suspension, or revocation of notification, for any violation of the royal decree or the ETDA’s subregulations. In-scope DPS operators should take this opportunity to provide comments to the ETDA in order to voice their opinions on the practicality of the requirements and support the regulator in shaping the requirements of the royal decree and its subregulations. For more information on this initiative from the ETDA, or on any aspect related to the Royal Decree on Digital

The rapid development and deployment of artificial intelligence in various industries is increasingly attracting the attention of regulators, who aim to encourage the progression of AI technologies while ensuring their responsible use. Recent regulatory developments around the world, including in the European Union and Southeast Asia, serve as evidence of this emerging trend. Here we shall discuss the effect of AI regulatory approaches in the  EU on Southeast Asian countries. Approach and Action The EU Artificial Intelligence Act has been officially adopted by EU colegislators and will enter into force 20 days after its publication in the EU Official Journal.[1] Most of its provisions will apply two years after its entry into force. The act establishes a harmonized EU legal framework, aiming at ensuring that AI systems placed on and utilized in the EU market are safe, have managed risks, and are aligned with EU fundamental rights and values. Countries in Southeast Asia, predominantly governed by civil law systems, often adopt statutory frameworks similar to those in the EU when addressing new legal matters. In the rapidly developing field of AI, Southeast Asian countries are adopting a wait-andsee approach toward global regulatory trends. This cautious stance allows them to observe and analyze international developments in AI regulation before crafting their own frameworks. Compared to the EU, countries in Southeast Asia are generally more focused on using AI for national development. Common themes include building human resource capability, developing ecosystems and building infrastructure. Some countries emphasize governance and ethics more than others. Over the past five years, governments across Southeast Asia have been focusing on promoting AI by implementing national policies to strengthen AI promotion and governance. While there may be less regional integration in the approach to AI of countries in Southeast Asia, there are some efforts to create

On April 29, 2024, Thailand’s Office of the Personal Data Protection Committee (PDPC) issued the master plan for personal data protection, which outlines the PDPC’s strategies for developing and enhancing the data protection framework in Thailand from 2024 to 2027. A draft of this four-year plan had previously been released for a public hearing on November 27, 2023. Overview The master plan sets out the long-term direction for the protection of personal data in Thailand, analyzing the current landscape, challenges, and obstacles encountered since the full enactment of the Personal Data Protection Act B.E. 2562 (2019) (PDPA). It aims to align with Thailand’s National Security Policy and Plan for 2024–2027 and focuses on key sectors in its initial two years. These sectors are: Public security and key government services; Retail and e-commerce; Information and communication technology and telecommunications; Finance, investment, and insurance; Public health; Tourism; and Education. Objectives The master plan’s goals include increasing organizational compliance with the PDPA, reducing data breaches, updating the PDPA to reflect current circumstances, introducing various PDPC e-services, and enhancing Thailand’s global competitiveness in data privacy and personal data protection. It sets targets and indicators of the plan’s success, such as achieving a 100% PDPA compliance rate across all sectors in Thailand and raising Thailand’s digital competitiveness to at least 30th in the World Digital Competitiveness Rankings from the IMD World Competitiveness Center. Strategic Initiatives To achieve these objectives, the master plan introduces four strategic initiatives: Effective and balanced PDPA enforcement: Develop standards, principles, criteria, tools, indicators, and data privacy governance, including law enhancements. A recent example of this is the PDPC’s launch of the Personal Data Protection Surveillance Centre (PDPC Eagle Eye) to monitor data breaches. Knowledge and trust enhancement: Build human capacity and trust by enhancing knowledge through initiatives like the forthcoming