Best E-commerce & Internet Law Lawyers in Bangkok Noi
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Find a Lawyer in Bangkok NoiAbout E-commerce & Internet Law Law in Bangkok Noi, Thailand
E-commerce and Internet law in Bangkok Noi follows nationwide Thai laws that govern how businesses sell online, process payments, protect consumer rights, handle personal data, and manage digital content. Key statutes include the Electronic Transactions Act B.E. 2544, the Computer Crime Act B.E. 2550 as amended, the Personal Data Protection Act B.E. 2562, the Consumer Protection Act, the Direct Sales and Direct Marketing Act, the Trade Competition Act, the Payment Systems Act, and sectoral rules issued by regulators. National authorities such as the Ministry of Digital Economy and Society, the Electronic Transactions Development Agency, the Office of the Personal Data Protection Committee, the Office of the Consumer Protection Board, the Department of Business Development, the Bank of Thailand, and the Thai Securities and Exchange Commission all play roles. Because Bangkok Noi sits within Bangkok, disputes and regulatory matters often involve Bangkok based agencies and courts, including the Central Intellectual Property and International Trade Court.
Why You May Need a Lawyer
You may need specialized legal help in many common scenarios, including setting up an online store and choosing the right entity, registering with the Department of Business Development, and preparing compliant terms of service, privacy policies, and refund terms. Legal advice is valuable when implementing Personal Data Protection Act compliant consent, cookie practices, and cross border data transfers, or when responding to a suspected data breach. Businesses benefit from counsel when launching marketing campaigns, working with influencers, or running promotional pricing to avoid misleading advertising and unfair contract terms. Platform operators and marketplaces need help with intermediary liability, takedown requests, and notice procedures for unlawful or infringing content. Legal support is also important for domain name acquisition or disputes, intellectual property licensing, and online counterfeiting issues. Payment and fintech questions arise around e money, e wallets, chargebacks, and Payment Systems Act compliance. Cross border sales raise tax, customs, and consumer law issues, and crypto related offers must align with current restrictions on using digital assets for payment. If a complaint is filed with the Office of the Consumer Protection Board, the Technology Crime Suppression Division, or the Personal Data Protection Committee, counsel can guide investigations and defense. Finally, contract negotiations with logistics providers, software vendors, and cloud providers benefit from risk allocation on service levels, data security, and indemnities.
Local Laws Overview
Business formation and registration - Online sellers typically register a sole proprietorship, partnership, or company with the Department of Business Development and may need a commercial registration for e commerce activities. Certain online platform or direct marketing models must register under the Direct Sales and Direct Marketing Act.
Electronic transactions and signatures - The Electronic Transactions Act recognizes electronic contracts and e signatures. A signature is valid if a reliable method identifies the signer and indicates approval. Higher assurance methods can help meet evidentiary needs for high value agreements. Keep audit trails and time stamps.
Consumer protection - The Consumer Protection Act prohibits false or misleading advertisements and unfair contract terms. Online businesses must clearly display prices, fees, and key conditions in Thai and in a way that is prominent and complete. Under the Direct Sales and Direct Marketing Act, consumers generally have a 7 day right to cancel certain direct marketing purchases, which can include online sales, subject to statutory exceptions and seller disclosures. Product liability and safety rules apply to goods sold online.
Personal data and privacy - The Personal Data Protection Act requires a lawful basis to collect and use personal data, transparency notices, purpose limitation, data minimization, and security measures. Consent is needed for many marketing uses and for non essential cookies and tracking technologies. Data subjects have rights to access, correction, deletion, objection, and portability. Cross border transfers require appropriate safeguards or a permitted exception. Data controllers must assess risks, appoint a data protection officer in specified cases, and notify the regulator without undue delay and within 72 hours where feasible in case of qualifying breaches, and notify affected individuals when risks are high.
Platform and content liability - The Computer Crime Act prohibits importing or disseminating illegal computer data and sets procedures for takedown upon court order. Service providers may have obligations to preserve computer traffic logs for at least 90 days and to cooperate with lawful requests. Intermediaries should maintain clear notice and takedown workflows and terms of service.
Intellectual property online - Copyright, trademark, and patent laws apply to online use, including images, music, software, and brand names. Thailand provides mechanisms to request removal of infringing content and to pursue civil and criminal remedies. Marketplaces should implement repeat infringer policies and clear IP complaint channels.
Payments, fintech, and tax - The Payment Systems Act and Bank of Thailand regulations govern payment service providers and e wallets. Merchants are responsible for tax compliance, including VAT registration if annual turnover meets the threshold, record keeping, and e tax invoices where applicable. Thailand’s e service VAT rules apply to certain foreign providers selling digital services to Thai consumers. Using digital assets as a means of payment for goods and services is restricted by Thai financial regulators.
Competition and platform governance - The Trade Competition Act prohibits abuse of dominance and unfair trade practices. Platform to business relationships should be transparent and avoid unfair terms. Mergers may require notification or approval depending on thresholds.
Customs and restricted goods - Cross border e commerce must comply with Thai Customs requirements and import controls. Certain items, such as health products, cosmetics, foods, alcohol, tobacco, medical devices, and telecom equipment, require specific licenses or labeling and must meet advertising standards.
Dispute resolution - Consumer disputes can be handled under the Consumer Case Procedure Act, which provides streamlined court procedures. IP and technology disputes in Bangkok can be heard by the Central Intellectual Property and International Trade Court. Arbitration and mediation are common for B2B contracts.
Frequently Asked Questions
Are online contracts and e signatures valid in Thailand?
Yes. The Electronic Transactions Act recognizes electronic contracts and signatures if a reliable method identifies the signer and signifies intent. For higher risk transactions, implement multi factor authentication, trusted certificates, secure timestamps, and comprehensive logs to strengthen enforceability.
Do I need consent for cookies and online tracking?
Under the Personal Data Protection Act, consent is generally required for non essential cookies and similar tracking used for analytics, advertising, or profiling. Provide a clear cookie notice, obtain opt in consent for non essential tools, and allow users to change preferences.
What disclosures must an online store show to consumers?
Display the seller’s name, business registration details, contact information, total price inclusive of fees, delivery costs, key terms such as delivery times, return and refund conditions, warranty terms, and any limitations. Disclosures should be clear, in Thai for Thai consumers, and easily accessible before checkout.
Is there a cooling off period for online purchases?
For transactions that fall under the Direct Sales and Direct Marketing Act, consumers typically have a 7 day right to cancel from receipt of goods or conclusion of contract. There are exceptions and procedural requirements, so sellers should state rights and processes clearly and honor statutory obligations.
What should I do if I suffer a data breach?
Activate your incident response plan, contain the breach, preserve evidence, assess risks, and document actions. Notify the Personal Data Protection Committee without undue delay and within 72 hours where feasible if the breach is likely to risk individuals’ rights. Notify affected individuals when the risk is high. Review contracts with processors and update security measures.
How do I handle online defamation or illegal posts about my business?
Collect evidence through dated screenshots and metadata, review platform terms, and submit a targeted notice to the platform. For removal orders or preservation of evidence, you may seek assistance under the Computer Crime Act through competent authorities and courts. Avoid retaliatory postings that could increase liability.
Can my marketplace or platform be liable for user listings?
Intermediaries can face exposure if they facilitate or ignore unlawful content after notice. Implement clear terms of service, verification procedures, notice and takedown workflows, repeat infringer policies, and log retention. Respond promptly to complaints and court orders.
May I accept cryptocurrency as payment for goods or services?
Thai financial regulators restrict the use of digital assets as a means of payment for goods and services. Merchants should use traditional payment instruments and consult counsel before engaging in any digital asset related offerings.
How can I resolve a .th domain name dispute?
.th domains are administered by the Thai Network Information Center Foundation. Disputes can be addressed through the foundation’s dispute resolution policy or via court proceedings. Prepare evidence of trademark rights, bad faith, and improper use.
What taxes apply to my online business?
Thai businesses are generally subject to corporate income tax, VAT if exceeding the registration threshold, withholding tax on certain service payments, and specific duties depending on goods. Keep proper e tax invoices and receipts that meet Revenue Department rules. Foreign providers of electronic services to Thai consumers may have VAT obligations under e service rules.
Additional Resources
Ministry of Digital Economy and Society
Electronic Transactions Development Agency
Office of the Personal Data Protection Committee
Office of the Consumer Protection Board
Department of Business Development, Ministry of Commerce
Bank of Thailand
Trade Competition Commission Thailand
Thai Customs Department
Technology Crime Suppression Division, Royal Thai Police
Central Intellectual Property and International Trade Court
Thai Network Information Center Foundation
Thai Arbitration Institute
Next Steps
Define your online business model, target customers, and data flows so you can scope the legal work accurately. Gather key documents such as your website or app wireframes, data maps, vendor and payment agreements, planned marketing materials, and draft policies. Consult a lawyer experienced in Thai e commerce and privacy law to assess regulatory requirements and draft terms of service, privacy and cookie notices, and internal policies. Perform a Personal Data Protection Act compliance review, including lawful bases, consent records, cross border transfers, and vendor due diligence. Implement technical and organizational security measures and an incident response plan. If you operate a platform or marketplace, build a notice and takedown procedure, repeat infringer policy, and moderation guidelines. Align your tax and invoicing processes with Thai Revenue Department rules and confirm when VAT registration is required. For cross border operations, review customs, product restrictions, and localization of consumer disclosures. If you face a dispute or investigation, act quickly to preserve evidence and seek counsel to engage with the relevant authority or court in Bangkok.
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.