Best E-commerce & Internet Law Lawyers in Bang Khen
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Find a Lawyer in Bang KhenAbout E-commerce & Internet Law Law in Bang Khen, Thailand
E-commerce and internet activities in Bang Khen operate under national Thai laws and Bangkok-level enforcement. Whether you run an online shop, a marketplace, a social commerce page, or provide digital services, your business is governed by rules on electronic transactions, consumer protection, data privacy, cybersecurity, taxation, and intellectual property. Electronic contracts and signatures are legally recognized, online sellers must disclose key information to consumers, personal data must be handled under the Personal Data Protection Act, and service providers face obligations on content, data retention, and takedown procedures. Most compliance steps are practical and achievable with the right guidance, but penalties for non-compliance can be significant. Local agencies in Bangkok actively enforce these rules, and courts in Bangkok hear many related disputes.
Why You May Need a Lawyer
You may need a lawyer if you are launching or scaling an online store or marketplace and want to structure terms, policies, and vendor agreements that comply with Thai law. You may also need legal help if you collect or process personal data and require PDPA compliance, including consent design, privacy policies, data processing agreements, cross-border transfer safeguards, and breach response plans. Legal support is often critical when responding to takedown demands, defamation or fake reviews, copyright or trademark complaints, or when drafting and enforcing platform rules with users and merchants.
Other common triggers include negotiating with payment service providers and logistics partners, handling VAT on e-services or general VAT registration, solving chargeback and fraud issues, managing advertising and promotion claims to avoid misleading practices, dealing with customs and product compliance for imports, and responding to investigations by Thai regulators or the Technology Crime Suppression Division. If a dispute escalates, a lawyer can advise on strategy, evidence, and filing in the appropriate Bangkok court or regulatory forum.
Local Laws Overview
Electronic transactions and signatures. The Electronic Transactions Act recognizes the legal validity of electronic contracts, records, and signatures, provided reliability and integrity criteria are met. Electronic evidence is admissible if systems are reliable and tamper-resistant. E-tax invoices and e-receipts are recognized when issued under Revenue Department rules.
Consumer protection and e-commerce disclosures. The Consumer Protection Act and notifications of the Office of the Consumer Protection Board require online sellers to disclose key information such as business name, address, contact details, pricing, delivery costs, conditions, and return-refund policies. The Direct Sales and Direct Marketing Act requires registration for direct marketing businesses and sets rules for online marketing practices and consumer cancellation rights in specified scenarios. Claims in ads must be true and provable.
Personal data privacy. The Personal Data Protection Act B.E. 2562 (2019) applies to most online businesses. It requires a lawful basis for processing, transparent privacy notices, purpose limitation, data minimization, security measures, vendor management, respect for data subject rights, and in some cases appointment of a data protection officer. Cross-border transfers require appropriate safeguards or a permitted basis. Certain breaches must be notified to authorities and sometimes to affected individuals without undue delay. Sectoral cybersecurity requirements can also apply.
Platform and intermediary duties. The Computer Crime Act creates obligations for service providers to retain certain traffic data for a minimum period and provides a framework for takedown orders. Intermediaries can reduce liability risk by adopting notice-and-takedown procedures, preserving logs, and acting promptly on unlawful content notifications. Defamation and false statements online can lead to civil and criminal exposure.
Payments and fintech. The Payment Systems Act B.E. 2560 governs e-money and payment services, licensing, and oversight by the Bank of Thailand. E-commerce operators integrating payments must understand settlement, chargeback, and anti-money laundering obligations in their provider contracts, and implement fraud controls and KYC where applicable.
Taxation. Domestic online sellers generally must register for VAT when annual turnover exceeds 1.8 million baht. Foreign providers of electronic services to Thai consumers are subject to the e-service VAT regime if revenue exceeds the same threshold. Proper invoicing and record-keeping are essential. Corporate income tax, withholding tax, and specific business tax considerations may also apply depending on the business model.
Intellectual property and content. Copyright and trademark laws protect IP online. Thailand provides mechanisms for rights holders to request takedowns and for platforms to mitigate liability when they act expeditiously after notice. Counterfeit goods and unlawful content enforcement is active in Bangkok. Domain name matters for .th domains are administered by THNIC policies.
Product safety and sector rules. Products sold online must comply with Thai standards, labeling, and approvals. Examples include Thai FDA rules for food, cosmetics, and medical devices, NBTC approvals for telecom equipment, and Thai Industrial Standards Institute certifications for regulated goods.
Local enforcement context. In Bang Khen, complaints and investigations may involve Bangkok-based agencies such as the Office of the Consumer Protection Board, the Technology Crime Suppression Division of the Royal Thai Police, the Department of Business Development for e-commerce registration, the Revenue Department, and the Personal Data Protection Committee office at the national level. IP disputes are often handled by the Central Intellectual Property and International Trade Court in Bangkok.
Frequently Asked Questions
Are electronic contracts and e-signatures valid in Thailand?
Yes. The Electronic Transactions Act recognizes electronic contracts and signatures if the method used reliably identifies the signer and indicates intent. For higher risk transactions, use advanced e-sign methods with audit trails and secure storage to support evidentiary reliability.
Do I need to register my online store or social commerce business?
Most e-commerce sellers must register a business with the Department of Business Development and, if engaging in direct marketing, comply with the Direct Sales and Direct Marketing Act. Displaying required seller information on your site or page is mandatory. Separate licenses may be needed for regulated products.
What privacy obligations apply to small online shops under the PDPA?
Even small shops must have a lawful basis for processing, provide a clear privacy notice, collect only necessary data, secure it, manage vendor agreements for processors, respect access and deletion requests, and document consent where required. Cross-border transfers need safeguards. A data protection officer is required only for certain high risk or large scale processing or for sensitive data.
How fast must I report a personal data breach?
Notify the regulator without undue delay and, where feasible, within a short timeframe after becoming aware of a breach that risks the rights of individuals. If the breach is likely to result in high risk, notify affected individuals without undue delay. Your incident response plan should define roles, timelines, and evidence preservation.
What information must I show consumers on my website or page?
Thai consumer rules expect clear disclosure of business name, address, contact information, total price including fees, delivery method and timing, payment terms, return and refund conditions, and complaint channels. Claims in promotions must be accurate and supported by evidence.
How are returns and refunds regulated for online sales?
You must state return and refund terms clearly and honor them. Certain direct marketing scenarios provide consumers with a statutory cancellation period. Unfair terms or failure to deliver as promised can trigger consumer protection enforcement and refund orders.
What are my obligations as a platform or marketplace operator?
Adopt robust terms of service, seller onboarding checks, notice-and-takedown procedures, IP and counterfeit controls, traffic data retention consistent with the Computer Crime Act, and a process to respond to lawful orders. Prompt action on unlawful content notices reduces liability risk.
Do I need to charge VAT for online sales?
Thai sellers generally register for VAT once annual turnover exceeds 1.8 million baht and then charge VAT on taxable supplies. Foreign e-service providers to Thai customers must register under the e-service VAT regime if they meet the threshold. Keep compliant invoices and file returns on time.
What should I do if I am a victim of online fraud in Bang Khen?
Preserve evidence such as chat logs, payment records, order pages, and IP logs. Report promptly to your bank or payment service provider to attempt recovery and file a complaint with the Technology Crime Suppression Division or local police in Bangkok. A lawyer can assist with evidence packaging and follow-up.
Can I remove defamatory or fake reviews posted about my business?
Thailand allows civil and criminal claims for defamation and for certain false online statements under the Computer Crime Act. Send a legal takedown notice with evidence to the platform and consider negotiated resolution. For persistent harm, consult a lawyer to evaluate notices, complaints, and potential court action.
Additional Resources
Office of the Consumer Protection Board in Bangkok handles online consumer complaints and advertising issues. Department of Business Development provides business registration and e-commerce registration guidance. Revenue Department provides VAT and e-tax invoice guidance. Personal Data Protection Committee office issues PDPA guidance and enforces privacy rules. Technology Crime Suppression Division of the Royal Thai Police handles cybercrime complaints and evidence intake. Electronic Transactions Development Agency provides standards and best practices for electronic transactions. Department of Intellectual Property and the Central Intellectual Property and International Trade Court address IP filings, enforcement, and disputes. Bank of Thailand oversees payment systems and e-money providers. Thai FDA, NBTC, and Thai Industrial Standards Institute regulate product-specific compliance.
Next Steps
Define your business model and map data, payments, logistics, and marketing flows. Identify applicable licenses and registrations, including DBD registration, direct marketing registration if applicable, and VAT registration when you hit thresholds. Draft or update your terms of service, privacy notice, cookies notice, and return-refund policy tailored to Thai requirements and your operations.
Implement PDPA compliance. Choose lawful bases, implement consent where needed, update vendor contracts, and set security and breach response procedures. For platforms, implement notice-and-takedown workflows, IP complaint channels, and traffic data retention. For cross-border operations, add data transfer safeguards and clear jurisdiction clauses in contracts.
Prepare a compliance file. Keep corporate documents, product approvals, marketing substantiation, tax records, and logs of content moderation. Train staff on consumer handling, data privacy, fraud prevention, and advertising standards.
Consult a local e-commerce and internet law lawyer in Bangkok. Bring your business plan, site or app screenshots, data maps, contracts with suppliers and payment providers, and any regulator communications. Ask for a compliance roadmap, risk prioritization, and templates adapted to Thai law. If you face a dispute or investigation, seek early advice to preserve defenses and meet deadlines.
This guide is for general information only and is not legal advice. Laws and enforcement practices change. For advice on your specific situation in Bang Khen, consult a qualified Thai lawyer.
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.