Best E-commerce & Internet Law Lawyers in Bang Khen
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Find a Lawyer in Bang KhenAbout E-commerce & Internet Law in Bang Khen, Thailand
E-commerce and internet activity in Bang Khen is governed by nationwide Thai laws, with enforcement and regulator offices primarily located in Bangkok. Businesses and individuals in Bang Khen who sell goods or services online, operate marketplaces or apps, or process customer data must comply with Thai statutes on electronic transactions, consumer protection, data protection, cybersecurity, advertising, payments, taxation, and intellectual property.
Thailand recognizes electronic contracts and signatures, regulates the responsibilities of digital platforms and intermediaries, and imposes clear duties on online sellers regarding disclosures, fair terms, and complaint handling. Thailand’s Personal Data Protection Act sets comprehensive privacy rules similar to global standards. The Computer Crime Act addresses illegal online content and cybersecurity offenses. Payment and tax regimes apply to domestic and cross-border digital services. In practice, many compliance and enforcement processes can now be completed online, but official submissions are typically in Thai and may require certified Thai translations.
Why You May Need a Lawyer
Starting or scaling an online business often raises legal questions that benefit from early legal advice. Common situations include drafting compliant website terms, marketplace rules, and privacy policies under the Personal Data Protection Act. Sellers frequently need guidance on direct marketing rules, mandatory online disclosures, advertising claims, and influencer agreements to avoid misleading or unfair practices.
Platform operators and app developers may need help with registration and notification duties for intermediary digital platforms, content moderation policies, notice-and-takedown workflows, and handling government takedown or data requests under the Computer Crime Act. Data controllers and processors need PDPA readiness reviews, cross-border transfer frameworks, data processing agreements, and incident response plans for breaches.
Other recurring needs include VAT and e-service tax for digital services, contract negotiation with payment gateways and logistics providers, consumer dispute resolution and chargebacks, intellectual property protection and online enforcement, domain name or username disputes, trade competition issues, and employment or contractor agreements for developers and creatives. In urgent matters like fraud, defamation, counterfeit sales, or cyber incidents, counsel can coordinate with local regulators and police to act quickly.
Local Laws Overview
Electronic transactions and signatures: The Electronic Transactions Act recognizes electronic contracts, records, and signatures if their reliability can be shown and parties agree to transact electronically. Certain documents still require formalities by law.
Intermediary platforms: The Royal Decree on the Supervision of Digital Platform Services that are Intermediaries imposes duties on platforms that connect buyers and sellers or host user content. Obligations can include notifying or registering operations, disclosing terms and contact details, setting complaint channels, reporting operational data, and acting on orders to remove illegal content.
Data protection and privacy: The Personal Data Protection Act applies to most businesses that collect or use personal data in Thailand. Core requirements include lawful basis or consent, transparent privacy notices, purpose limitation, data minimization, security measures, processor contracts, respect for data subject rights, and cross-border transfer controls. Breaches must be reported to the PDPC without undue delay and where feasible within 72 hours, with notice to affected individuals if high risk.
Cybersecurity and content: The Computer Crime Act prohibits importing and distributing illegal computer data, cyber intrusions, and related offenses. Authorities can seek court orders for data disclosure or content removal. Businesses should maintain log retention and lawful takedown processes.
Consumer protection and distance selling: The Consumer Protection Act and notifications on direct sales and direct marketing require clear online disclosures about the seller, prices, key terms, delivery, and warranties. Certain sellers engaged in direct marketing may need to register. Unfair contract terms and misleading advertisements are prohibited. Specific sectors such as food, cosmetics, medical devices, alcohol, and regulated products have additional advertising and labeling rules.
Payments and fintech: The Payment Systems Act and Bank of Thailand rules regulate e-money, payment service providers, and certain fintech models. Contracts with payment gateways typically include chargeback and fraud provisions that sellers must understand and operationalize.
Taxation: The Revenue Code requires VAT registration once turnover crosses the statutory threshold and imposes invoicing and record-keeping duties. Thailand’s e-service VAT regime requires certain foreign digital service providers and platforms supplying services to Thai non-VAT registrants to register and remit VAT in Thailand if revenue exceeds the threshold.
Advertising and marketing: Ads must be truthful, not exaggerated, and not unfair. Influencer and affiliate campaigns should use clear disclosures and avoid prohibited claims. Telemarketing and SMS marketing are subject to consent and content rules, and spam controls exist under sector regulations.
Intellectual property: Copyright, trademark, and patent laws protect content, brands, and technology. Online enforcement can involve platform policies, customs measures, civil actions, and coordination with authorities. Anti-counterfeit and brand protection programs are common for marketplaces and social commerce.
Domains and online identity: .th domain names are managed by THNIC and are subject to local registration rules and dispute resolution procedures. gTLD disputes typically follow international policies. Brand owners should align domain and social handle strategies with trademark filings.
Frequently Asked Questions
Are electronic contracts and e-signatures valid for online sales in Thailand
Yes. Under the Electronic Transactions Act, electronic contracts and signatures are valid if the method reliably identifies the signer and indicates approval, and if the parties intended to transact electronically. Some documents still require specific formalities by law, so seek advice for high-value or regulated transactions.
Do I need to register my online business if I sell via Facebook, LINE, or marketplaces
You generally must register a business form and obtain a tax ID. If you engage in direct marketing to consumers, separate direct marketing registration may be required. Marketplaces may also require seller verification. Using the DBD e-commerce trustmark is voluntary but can increase consumer confidence.
What must my website or shopfront display to comply with consumer rules
Provide the legal name of the seller, address and contact, product or service details, total prices and fees, key terms and conditions, delivery times, return or refund policy, and clear complaint channels. If you are a platform, also display your platform terms, prohibited conduct, and notice-and-takedown process.
Do I need a privacy policy under the PDPA
Yes for most data controllers. You must inform individuals about purposes, lawful bases, data sharing, retention, rights, contact details, and cross-border transfers. Where consent is used, it must be specific and freely given. Keep records of processing activities and security measures.
Can I transfer customer data outside Thailand
Cross-border transfers are allowed if the destination provides adequate protection or you implement appropriate safeguards or rely on a specific PDPA exception. Assess vendor locations, add approved contractual protections, and disclose transfers in your privacy notice.
What should I do if I suffer a data breach
Activate your incident response plan, contain and investigate, preserve logs, assess risk, notify the PDPC without undue delay and where feasible within 72 hours, and inform affected individuals if there is high risk. Document your decisions and remedial steps, and review contracts and security controls.
How are influencer marketing and online ads regulated
Ads must be truthful and not misleading. Influencer content should include clear and prominent disclosures of paid relationships. Sector specific rules apply to sensitive products. Keep substantiation for claims and ensure disclosures are understandable to Thai audiences.
I run a platform in Thailand - what extra duties might apply
Intermediary platforms may need to notify or register operations, publish clear terms, provide complaint and dispute handling, keep transaction and log records, and comply with content removal and reporting duties. Thresholds and details vary by platform type and size, so obtain a tailored assessment.
Do foreign digital service providers need to register for Thai VAT
Yes if they provide electronic services to non-VAT registered customers in Thailand and exceed the revenue threshold. Registration and remittance are required under the e-service VAT regime. Local sellers must monitor their own VAT obligations under the Revenue Code.
How can I protect my brand and content online
Register trademarks in Thailand, maintain copyright records for key assets, monitor marketplaces and social media for infringement, use platform takedown tools, and consider customs recordation for imports. For serious or persistent infringement, civil or criminal enforcement and coordination with authorities may be appropriate.
Additional Resources
Electronic Transactions Development Agency - guidance on electronic transactions and digital platform supervision.
Office of the Personal Data Protection Committee - PDPA rules, notifications, and complaint channels.
Ministry of Digital Economy and Society - policy and enforcement coordination for digital matters.
Office of the Consumer Protection Board - consumer law guidance, direct marketing registration, and complaints.
Department of Business Development - business registration and e-commerce trustmark programs.
The Revenue Department - VAT, e-service tax, e-tax invoices and receipts.
Bank of Thailand - payment systems and e-money regulation.
Department of Intellectual Property - trademark, copyright, and patent registration and enforcement support.
National Broadcasting and Telecommunications Commission - rules on electronic communications and spam controls.
Royal Thai Police Technology Crime Suppression Division - reporting cybercrime and online fraud.
THNIC Foundation - .th domain registration and dispute procedures.
Next Steps
Define your objective and risks. Whether you are launching a shop, operating a platform, or responding to a complaint, write down the business model, data flows, and immediate pain points. Collect key documents such as terms, privacy notices, vendor contracts, product claims, and screenshots.
Preserve evidence. For disputes, fraud, or defamation, save order logs, chat histories, payment records, server logs, and timestamps. Avoid deleting content or engaging in public arguments that could escalate liability.
Prioritize compliance gaps. Typical quick wins include updating website disclosures, implementing a PDPA compliant privacy notice and cookie consent, standardizing refund and complaint handling, and tightening access controls and logging.
Engage a local lawyer experienced in e-commerce and PDPA. Ask for a focused diagnostic covering platform or seller obligations, consumer law, data protection, IP, advertising, and tax. For bilingual operations, request Thai and English deliverables that you can share with teams and partners.
Coordinate with regulators or police when needed. For data breaches, illegal content orders, cybercrime, or scams affecting Bang Khen residents, counsel can help determine whether to notify the PDPC, work with the Technology Crime Suppression Division, or file consumer complaints.
Implement and train. Roll out updated terms and policies, sign data processing and vendor agreements, configure technical controls, and train staff who handle customer data, ads, and complaints. Schedule periodic reviews as laws and platform rules evolve.
Plan for growth. As volumes increase, revisit platform registration thresholds, VAT and e-service tax exposure, payment and chargeback risk, and cross-border data transfer frameworks to keep operations compliant and scalable.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.