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

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Witty Accounts and Law
Bang Khun Thian, Thailand

English
Witty Accounts and Law is a distinguished firm that seamlessly integrates accounting and legal services, offering a comprehensive suite of solutions tailored to meet the diverse needs of its clientele. With a team of seasoned professionals, the firm specializes in delivering expert financial...
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About E-commerce & Internet Law in Bang Khun Thian, Thailand

Bang Khun Thian is a fast-growing district on Bangkok's western edge with busy logistics corridors, warehouses, and last-mile delivery hubs. Many sellers operate from home offices, small warehouses, or through social media and marketplace platforms. E-commerce and internet activities here are governed by nationwide Thai laws, enforced by Bangkok-based regulators and courts. Key areas include electronic contracts and signatures, online consumer protection, personal data protection, platform obligations, advertising and marketing compliance, payment and tax rules, cybersecurity, and intellectual property rights. If you sell goods or services online, run a platform, manage customer data, or use digital marketing, Thai law sets clear rules you must follow, even if your business feels small or informal.

This guide gives a practical overview of the legal landscape that applies to online sellers, platforms, and digital service providers operating in or serving customers in Bang Khun Thian and the wider Bangkok area.

Why You May Need a Lawyer

Setting up or scaling an online business in Thailand can trigger multiple legal duties at once. A lawyer with e-commerce and internet law experience can help you:

Design compliant websites, apps, and checkout flows that satisfy consumer disclosure rules, distance-selling requirements, and unfair-contract controls.

Draft and localize terms of service, privacy policies, return-refund policies, influencer and affiliate agreements, and platform marketplace agreements in Thai and English.

Navigate the Personal Data Protection Act compliance program, including lawful bases, consent, cookies, cross-border transfers, vendor contracting, and incident response.

Assess whether you must notify ETDA as a digital platform service, register for direct marketing, or obtain payment or other sectoral licenses.

Manage VAT registration and e-tax invoice adoption, and assess foreign e-service VAT exposure if you sell digital services into Thailand.

Respond to consumer complaints, Office of the Consumer Protection Board inquiries, or Trade Competition Commission unfair-trade allegations.

Handle takedown notices, intermediary liability issues, and content moderation under the Computer Crime Act and related ministerial notifications.

Protect and enforce intellectual property rights, resolve domain name disputes, and handle counterfeit or piracy problems on platforms.

Prepare for and respond to cybersecurity incidents or data breaches, including required notifications and evidence preservation.

Negotiate with marketplaces, payment gateways, delivery partners, and cloud-service providers on liability, data, and service levels.

Local Laws Overview

E-Transactions Act B.E. 2544 (2001) and amendments. Recognizes electronic contracts and electronic signatures as legally valid when reliability criteria are met. Advanced or certified digital signatures may carry stronger evidentiary weight. Requires trustworthy record-keeping for electronic messages and e-contracts.

Personal Data Protection Act B.E. 2562 (2019) and subordinate rules. Imposes duties on data controllers and processors, including lawful bases for processing, notice and transparency, data subject rights, security measures, breach notification to the PDPC, and vendor oversight. Cross-border transfers generally require adequate destination safeguards or appropriate contractual mechanisms. Direct marketing and cookie-based tracking typically require consent or another valid legal basis.

Computer Crime Act B.E. 2550 (2007) and amendments. Prohibits unlawful computer data and content, provides authorities with powers to request data, and sets obligations for service providers to retain computer traffic logs for a minimum period, typically 90 days and up to 2 years upon order. Ministerial notifications outline notice-and-takedown processes and conditions for intermediary safe harbor when providers act expeditiously upon notice and maintain required logs.

Royal Decree on the Operation of Digital Platform Services that Require Notification to ETDA B.E. 2565 (2022). Certain platform operators must notify ETDA, maintain Thai points of contact, publish transparent terms, have complaint handling and disclosure about rankings and advertising, and keep specified operational records. Thresholds and scope vary by platform size and activity.

Consumer Protection Act B.E. 2522 and OCPB notifications for e-commerce. Sellers must display clear seller identity, address, contact details, full pricing, shipping costs, key product characteristics, and return-refund terms. Terms that are unfair to consumers can be void. Thai-language disclosures are expected for consumer-facing terms and product information.

Direct Sale and Direct Marketing Act B.E. 2545 and amendments. Direct marketing operators, including certain online sellers that solicit consumers remotely, may need to register and follow content and disclosure rules. Consumers may have a cooling-off right for certain direct marketing sales, subject to statutory conditions.

Payment Systems Act B.E. 2560. Payment service providers require licensing or registration with the Bank of Thailand. Ordinary merchants usually do not need a license when using licensed gateways, but must comply with anti-fraud, receipts, and consumer protection obligations in their merchant agreements.

Taxation under the Revenue Code. Domestic sellers generally must register for VAT when annual revenue meets the statutory threshold, currently 1.8 million baht. Foreign providers of electronic services to non-VAT-registered customers in Thailand may have to register and collect Thai VAT under the e-service framework. Electronic tax invoices and e-receipts may be used if the Revenue Department requirements are met.

Copyright Act and Trademark Act. Protect content, software, images, and brand identifiers. Rights holders can pursue civil and criminal remedies. Platforms should implement IP takedown channels to manage infringement allegations.

Trade Competition Act B.E. 2560. Prohibits unfair trade practices, including possible platform self-preferencing or unfair contract terms in vertical arrangements, depending on market power and context.

Cybersecurity Act B.E. 2562. Imposes risk management and incident reporting obligations on critical information infrastructure operators. Even if you are not a CII operator, adopting cybersecurity best practices is prudent and will support PDPA security compliance.

Local enforcement and dispute resolution. Many matters are handled by Bangkok-based authorities. The Technology Crime Suppression Division receives computer crime complaints. The Office of the Consumer Protection Board handles consumer disputes. The Central Intellectual Property and International Trade Court in Bangkok hears IP disputes and some technology-related cases. Arbitration and mediation are available through Thai institutions for commercial conflicts.

Frequently Asked Questions

Are electronic signatures valid for my online sales contracts?

Yes. Under the E-Transactions Act, electronic signatures and clickwrap or tapwrap acceptances can form binding contracts if the signing method reliably identifies the signer and indicates intent to be bound, and the record is retained in a trustworthy form. Using advanced digital signatures or reputable e-signature platforms improves evidentiary strength, but simple methods can also be valid if implemented carefully.

Do I need to register my online shop with the government?

Many online businesses must register their e-commerce operation with the Department of Business Development and display the e-commerce registration number on their website or social media shopfront. If you engage in direct marketing, separate registration under the Direct Sale and Direct Marketing Act may apply. Your underlying business entity, trade name, and tax registrations must also be in order.

What information must I show on my website or social media page?

Consumer rules expect clear seller identity and address, contact details, total price including taxes and fees, delivery charges and timelines, key product or service characteristics, return-refund and warranty terms, and complaint channels. Provide terms of service and a privacy policy in plain Thai for consumer-facing sales. Keep records of your disclosures and customer acceptances.

When do I have to charge VAT for online sales?

Domestic sellers generally register for VAT once their annual turnover reaches 1.8 million baht and then charge VAT on taxable supplies. Foreign providers of electronic services to non-VAT-registered customers in Thailand may need to register for Thai VAT under the e-service regime and collect VAT on sales to Thai consumers. Confirm your status with a tax professional, especially if you use marketplaces that collect VAT on your behalf.

What does the PDPA require from my e-commerce business?

You must identify a lawful basis for each processing activity, give concise privacy notices, collect consent where needed, honor rights requests, implement security measures, and have contracts with processors such as cloud, marketing, and delivery vendors. If a breach risks personal data rights, notify the PDPC and, where high risk, inform affected individuals. If you transfer data abroad, ensure appropriate safeguards.

How should I handle a data breach involving customer information?

Activate your incident response plan, contain the issue, preserve logs, assess risks to individuals, and notify the PDPC without undue delay when risk is present. If the risk is high, inform affected individuals with practical mitigation guidance. Coordinate with payment gateways, platforms, and hosting providers, and document decisions for regulators and potential claims.

Am I liable for user reviews or third-party listings on my platform?

Intermediary liability rules under the Computer Crime Act and related notifications can provide safe harbor if you do not initiate the publication, do not select the content, and act expeditiously after receiving a valid notice of illegality. Maintain a notice-and-takedown process, keep traffic logs as required, and apply repeat-infringer and escalation policies consistently.

What are my obligations for returns and refunds?

Thai consumer law requires clear, fair return-refund terms. Certain direct marketing sales may include a statutory cooling-off right, subject to conditions. Defective and unsafe products trigger rights under product liability laws regardless of your posted policy. Avoid unfair terms such as non-refundable deposits without justification or excessive charges for returns.

Can I send marketing by email, SMS, or messaging apps?

Obtain valid consent before sending direct marketing to individuals unless another lawful basis clearly applies. Provide an easy opt-out and honor preferences. Keep evidence of consent. For SMS or telemarketing, follow applicable telecom and consumer rules regarding spam and identification of the sender.

How do I protect my brand and content online?

Register trademarks in Thailand for your brand names and logos. Use watermarks and license controls for images and content. Monitor marketplaces and social platforms for infringement and file takedowns with supporting evidence. For persistent issues, consider complaints to the Technology Crime Suppression Division or civil action in the Central Intellectual Property and International Trade Court. Domain name disputes for .th can be raised under THNIC policies.

Additional Resources

Electronic Transactions Development Agency. Regulator for electronic transactions and notification point for certain digital platform services. Publishes guidelines on e-signatures, trust services, and platform transparency.

Office of the Personal Data Protection Committee. Oversees PDPA enforcement, guidance, and complaints. Provides templates and explanatory notes on consent, notices, security, and breach handling.

Ministry of Digital Economy and Society. Issues ministerial notifications related to the Computer Crime Act, notice-and-takedown processes, and traffic data retention.

Department of Business Development, Ministry of Commerce. Handles business registration and e-commerce registration and promotes the Trustmark Thai program.

Office of the Consumer Protection Board. Receives consumer complaints, enforces disclosure and unfair-contract rules, and issues e-commerce notifications.

Revenue Department. Oversees VAT, e-service VAT for foreign providers, and the e-tax invoice and e-receipt frameworks.

Bank of Thailand. Supervises payment systems and payment service providers under the Payment Systems Act.

Technology Crime Suppression Division, Royal Thai Police. Handles computer crime complaints and digital evidence matters.

Central Intellectual Property and International Trade Court. Specialized court in Bangkok for IP and some technology-related disputes and injunctive relief.

Thailand Arbitration Center and Thai Arbitration Institute. Provide arbitration and mediation services for commercial and platform disputes.

Thai Network Information Center Foundation. Administers .th and .ไทย domain names and related policies.

Next Steps

Map your activities. List what you sell, where you sell, how you market, what data you collect, who your vendors are, and what platforms you rely on. This scoping drives which laws apply.

Gather key documents. Collect your current terms of service, privacy policy, refund policy, vendor contracts, data flows, marketing consents, platform agreements, and payment gateway terms.

Schedule a legal consultation. Choose a lawyer experienced in Thai e-commerce, PDPA, and platform rules, ideally with Bangkok court and regulator familiarity. Share your scope and documents for a focused review.

Prioritize risks. Address high-impact items first, such as missing disclosures, lack of PDPA notices and consents, insecure data handling, and unclear refund terms. Implement a remediation plan with timelines and owners.

Localize and operationalize. Update Thai-language consumer disclosures, contract templates, cookie banners, internal policies, and staff training. Align platform moderation and takedown workflows with Thai rules.

Align tax and finance. Confirm VAT registration status, evaluate e-service VAT exposure if applicable, and consider adopting e-tax invoice and e-receipt processes.

Test and monitor. Run checkout and consent flows end-to-end, verify logs and records retention, and set up ongoing compliance checks. Track legal updates from ETDA, PDPC, OCPB, and the courts.

Consider dispute readiness. Preserve evidence, maintain incident and complaint logs, and pre-arrange counsel for urgent takedown, breach, or injunction matters.

Important note. This guide is general information, not legal advice. Laws and guidance evolve. For specific situations in Bang Khun Thian and the broader Bangkok jurisdiction, consult a qualified Thai lawyer.

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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.