Best E-commerce & Internet Law Lawyers in Bang Khun Thian

About E-commerce & Internet Law Law in Bang Khun Thian, Thailand

E-commerce and internet activities in Bang Khun Thian are governed by Thailand-wide statutes and regulations, with local administration and practical touchpoints handled in Bangkok. Core laws include the Electronic Transactions Act B.E. 2544 and its amendments, the Computer Crime Act B.E. 2550 as amended, the Personal Data Protection Act B.E. 2562 known as the PDPA, the Consumer Protection Act B.E. 2522 and related notifications, the Direct Sales and Direct Marketing Act, the Payment Systems Act B.E. 2560, the Trade Competition Act B.E. 2560, and intellectual property laws such as the Copyright Act and the Trademark Act. Operators of digital platforms are also subject to the Royal Decree on Digital Platform Services subject to prior notification. In practice, e-commerce sellers and platforms in Bang Khun Thian will interact with Bangkok Metropolitan Administration offices for certain local matters such as signboard tax, with national agencies for business and tax registrations, and with specialized bodies for data protection, consumer protection, and cyber issues.

The legal framework recognizes electronic contracts and signatures, regulates online advertising and consumer disclosures, imposes data protection and cybersecurity duties, governs payment services and e-money, and sets rules for online platforms, marketplaces, and cross-border services. While the rules apply nationwide, local logistics, facilities, and any physical storefronts or warehouses in Bang Khun Thian may trigger Bangkok-specific licensing, zoning, or tax steps.

Why You May Need a Lawyer

Starting or scaling an online store or marketplace often requires guidance on choosing a compliant business structure, registering with the Department of Business Development, and drafting website terms, privacy notices, and return policies that meet Thai consumer laws. A lawyer can help map personal data under the PDPA, prepare consent mechanisms and data processing agreements, and set up cross-border transfers with appropriate safeguards.

Platform operators and sellers may need support reviewing marketplace terms, clarifying platform liability for user content, handling takedown requests, and navigating the Royal Decree on Digital Platform Services notification duties. If you accept online payments, counsel can determine whether your model requires Bank of Thailand licenses or partnerships with licensed payment service providers and can draft escrow or split-payment arrangements that comply with the Payment Systems Act.

Common pain points include handling chargebacks and fraud, responding to data breaches and Computer Crime Act notices, advertising and influencer campaigns that must avoid misleading claims, intellectual property strategy and takedowns against counterfeiters, VAT and e-service tax setup for domestic and cross-border sales, and dispute resolution with customers or suppliers. For operators in Bang Khun Thian, local questions such as signboard tax, warehouse zoning, and food or health product approvals can also benefit from legal help.

Local Laws Overview

Electronic transactions and signatures are recognized under the Electronic Transactions Act. Electronic records are valid if they are reliable, accessible, and capable of being reproduced. Certain document types may be excluded from electronic form by regulation, so obtain advice for high-value or regulated transactions.

The PDPA applies to the collection, use, and disclosure of personal data. You must identify a lawful basis such as consent, contract, legal obligation, legitimate interests balanced against data subject rights, or other bases provided by law. Controllers must provide clear privacy notices, honor rights of access, correction, deletion, restriction, portability, and objection, implement security measures, manage processors by contract, and notify the regulator of certain data breaches without undue delay. Cross-border transfers require adequate destination safeguards or another lawful mechanism such as consent or contractual safeguards. Some organizations that conduct large-scale monitoring or high-risk processing may need to appoint a data protection officer.

The Computer Crime Act creates offenses related to illegal content and system intrusions and establishes obligations for service providers. Intermediaries that host or transmit user content should maintain traffic logs for the required periods and act promptly upon knowledge of unlawful content, especially when notified by competent authorities or courts. Cybersecurity obligations for critical information infrastructure are set under the Cybersecurity Act.

Consumer protection rules require fair and transparent online sales. The Consumer Protection Board and sectoral notifications regulate online advertising, pricing displays, and product claims. The Direct Sales and Direct Marketing Act imposes registration requirements for direct marketing and offers a 7-day cooling-off right for qualifying purchases, with exceptions such as perishable or customized goods. The Unfair Contract Terms Act restricts oppressive clauses in consumer contracts. Sellers should disclose business identity, addresses, contact details, total prices inclusive of VAT, key terms, delivery times, and return and warranty policies in a clear and accessible manner.

The Royal Decree on Digital Platform Services subject to prior notification sets transparency, complaint-handling, and reporting obligations for certain platform operators and requires prior notification to the relevant authority when thresholds or criteria are met. Marketplace operators should review seller vetting, content moderation, ranking transparency, and dispute resolution processes to align with the decree and other consumer laws.

Payments and e-money are regulated by the Payment Systems Act and Bank of Thailand notifications. Providing payment gateway services or issuing e-money generally requires licensing or registration. Most merchants can rely on licensed third-party providers. Refunds and settlement practices should be clearly defined and disclosed to consumers.

Tax obligations include corporate income tax, VAT at the standard 7 percent rate, and withholding taxes in certain scenarios. Domestic businesses must register for VAT when annual turnover exceeds 1.8 million baht. Non-resident e-service providers and platforms supplying electronic services to non-VAT-registered customers in Thailand may have to register and remit VAT under the e-service regime when revenue exceeds the legal threshold. E-tax invoice and e-receipt systems are available. Maintain tax and accounting records for at least 5 years, with longer retention advisable when audits are possible.

Intellectual property laws protect copyrights, trademarks, patents, and trade secrets. Online sellers should avoid counterfeit or infringing goods and may use notice-and-takedown procedures and enforcement channels to address infringement. Regulated products such as foods, cosmetics, supplements, medical devices, alcohol, and tobacco have additional advertising and labeling restrictions under sectoral laws. Health claims must be substantiated and authorized.

Local to Bang Khun Thian, Bangkok Metropolitan Administration handles signboard tax if you display physical signage, and district-level offices are involved in certain local permits. Warehouse or small fulfillment space must comply with Bangkok zoning and building controls. Food preparation for delivery requires appropriate health and food permits. While most e-commerce matters are national, practical compliance often includes these Bangkok-specific touchpoints.

Frequently Asked Questions

Are electronic contracts and e-signatures valid for online sales?

Yes. Under the Electronic Transactions Act, electronic contracts and signatures are generally valid if the method used reliably identifies the signer and indicates an intention to be bound, and the electronic record is accessible for later reference. Certain documents may be excluded by regulation or require specific formalities, so take advice for high-risk or regulated transactions.

Do I need to register my e-commerce business and display information on my website?

Most commercial operators must register their business with the Department of Business Development and, where applicable, complete e-commerce registration. Your website or app should display the legal name, registration number, business address, contact information, prices inclusive of VAT, key terms, and complaint channels. If you collect personal data, provide a PDPA-compliant privacy notice.

What is the 7-day cooling-off right and does it apply to online purchases?

The Direct Sales and Direct Marketing Act provides a 7-day cancellation right for qualifying direct marketing contracts, which can include many online sales. There are exceptions such as perishable or made-to-order goods. You must clearly explain how customers can cancel and how refunds are processed.

What are my basic PDPA obligations as an online seller or platform?

You must identify lawful bases for processing, provide clear privacy notices, collect only necessary data, implement appropriate security, manage processors by contract, honor data subject rights, and notify the regulator of certain breaches without undue delay. If you transfer data abroad, ensure adequate safeguards or another lawful mechanism such as consent or contractual protections.

Can I send marketing emails or messages without consent?

Obtain consent for marketing unless another lawful basis clearly applies. Keep consent granular and recorded, and always provide an easy opt-out. For SMS, calls, and telecommunications, follow NBTC telemarketing rules. Avoid unsolicited or misleading promotions, and keep your marketing in line with Consumer Protection Board advertising rules.

What liability do platforms have for user content under Thai law?

Intermediaries that host user content should act promptly to remove or disable access to unlawful content when they have knowledge or receive official notices, and should maintain traffic logs as required. Following lawful court orders and cooperating with competent authorities can mitigate risk. Proactive moderation and clear community guidelines help reduce exposure.

Do I need a payment license to accept online payments?

Merchants that simply accept payments via licensed providers do not need a license. Operating a payment gateway, issuing e-money, or providing certain payment services requires licensing or registration with the Bank of Thailand. Many businesses partner with licensed providers rather than seek their own licenses.

How does VAT apply to my online sales?

Domestic sellers must register for VAT once annual turnover exceeds 1.8 million baht and then charge VAT on taxable supplies. Foreign providers of electronic services to non-VAT-registered customers in Thailand may have to register and remit VAT under the e-service regime when they exceed the statutory threshold. Maintain proper tax invoices and consider e-tax systems for efficiency.

What should my return and refund policy include?

State clear timeframes, conditions, and procedures for returns and refunds, including how to initiate, who pays return shipping, and processing times. Ensure your policy respects the 7-day cooling-off right where applicable and avoids unfair terms. Display the policy prominently before checkout and in post-purchase communications.

What should I do if I suffer a data breach?

Activate your incident response plan, contain the breach, assess risks to individuals, preserve evidence, and notify the regulator without undue delay when the breach is likely to result in a risk to the rights and freedoms of individuals. If the risk is high, notify affected individuals with practical guidance. Document your assessment and remediation steps.

Additional Resources

Electronic Transactions Development Agency for guidance on electronic transactions, digital platform notification, and trust marks.

Office of the Personal Data Protection Committee for PDPA rules, notifications, and guidance.

Office of the Consumer Protection Board for complaints, advertising rules, and consumer contract guidance.

Department of Business Development for business registration and e-commerce registration matters.

Revenue Department for VAT, e-service VAT, e-tax invoice and e-receipt systems, and tax compliance.

Bank of Thailand for payment services licensing, e-money rules, and merchant acquiring practices.

Technology Crime Suppression Division of the Royal Thai Police for cybercrime reporting and enforcement coordination.

Department of Intellectual Property for IP registration and enforcement support.

Bangkok Metropolitan Administration and Bang Khun Thian District Office for local permits, signboard tax, and premises matters.

Central Intellectual Property and International Trade Court for IP and trade related disputes.

Next Steps

Clarify your business model, revenue flows, and the role you play seller, marketplace, platform, or service provider so your legal obligations can be mapped accurately. Prepare a brief describing your products or services, the personal data you collect, where you store it, and any cross-border transfers.

Audit your website and app for compliance. Ensure you have clear and fair terms of use, privacy notice, cookie consent where needed, and return and refund policies in Thai for Thai consumers. Check advertising claims and influencer arrangements for compliance with consumer rules and sectoral restrictions.

Review your payments setup. Decide whether to rely on licensed payment providers, and ensure settlement, refund, and chargeback terms are reflected in your customer terms and supplier contracts. Set up VAT or e-service VAT as applicable and adopt e-tax invoice and e-receipt where feasible.

Implement PDPA governance. Create a data inventory, define lawful bases, draft data processing agreements with vendors, put security controls in place, and establish a breach response plan. If you transfer data abroad, adopt appropriate safeguards and update your privacy notice.

Address platform and IP issues. If you operate a platform, assess whether you must notify under the digital platform decree and implement complaint handling and transparency mechanisms. Protect your trademarks and copyrights, and put a takedown process in place for counterfeit or infringing content.

Handle local requirements. If you have signage or a physical presence in Bang Khun Thian, address signboard tax, zoning, and any health or product permits. Keep statutory books and tax records for at least 5 years.

Consult a qualified lawyer experienced in e-commerce and internet law. Bring your business registration documents, sample contracts, privacy and cookie materials, platform agreements, payment provider agreements, and any notices you have received from regulators or platforms. Verify your lawyer is licensed and familiar with Bangkok practices and the relevant national authorities.

Set a compliance calendar. Track key filings such as VAT returns, annual accounts, platform reporting obligations, and renewal dates for registrations and licenses. Revisit your policies when laws or platform rules change, or when you introduce new features or products.