Best E-commerce & Internet Law Lawyers in Bangkok Noi

About E-commerce & Internet Law Law in Bangkok Noi, Thailand

E-commerce in Bangkok Noi operates under national Thai laws that regulate online transactions, data protection, cybersecurity, consumer rights, advertising, payments, intellectual property, and platform responsibilities. Although Bangkok Noi is a district of Bangkok, the rules that matter are national in scope and are enforced by central authorities and specialized courts located in Bangkok, including the Central Intellectual Property and International Trade Court and the Technology Crime Suppression Division of the Royal Thai Police.

Key pillars include the Electronic Transactions Act for validity of e-contracts and e-signatures, the Personal Data Protection Act for privacy, the Computer Crime Act for cyber offenses and intermediary liability, consumer protection statutes for online selling and marketing, and recent rules that place duties on digital platform services. Businesses selling to Thai consumers should also consider sector-specific approvals, business registration, and tax obligations such as VAT.

Why You May Need a Lawyer

Launching or scaling an online business often triggers multiple legal touchpoints. A lawyer can help you identify and manage risks before they become costly disputes or regulatory investigations. Common situations include the following.

Starting an online shop or marketplace in Bangkok Noi and needing the right business structure, registrations, and VAT setup.

Drafting compliant terms and conditions, privacy notices, cookie banners, refund and warranty policies, and influencer or affiliate agreements.

Determining whether your activity counts as direct marketing that requires registration, or as a digital platform service that must notify the regulator.

Navigating the Personal Data Protection Act, including consent, legitimate interest, children’s data, cross-border transfers, vendor contracts, and security measures.

Responding to data breaches or cybersecurity incidents, including the duty to notify authorities and affected users and to preserve evidence.

Handling takedowns, defamation, and fake reviews, and coordinating with platforms and the Technology Crime Suppression Division if crimes are involved.

Protecting trademarks, copyrights, and trade secrets, and pursuing online infringement through notice-and-takedown or court action.

Resolving payment disputes, chargebacks, escrow issues, and compliance with Bank of Thailand payment service rules.

Negotiating platform onboarding terms, seller KYC duties, algorithmic transparency requests, and intermediary liability exposure.

Advising on advertising, pricing displays, labeling, and unfair contract terms in consumer sales.

Local Laws Overview

Electronic Transactions Act B.E. 2544 and amendments. Recognizes legal validity of electronic data messages, e-contracts, and e-signatures. Certain transactions still require formalities under other laws, so check if a wet signature is mandated for special cases such as some real estate or family law matters. E-records are generally admissible as evidence if reliability criteria are met.

Personal Data Protection Act B.E. 2562 and subordinate regulations. Applies to collection, use, and disclosure of personal data. Requires a lawful basis, privacy notice, purpose limitation, security, and respect for data subject rights such as access, deletion, and objection. Cross-border transfers need an appropriate mechanism such as consent, contractual safeguards, or adequacy. Controllers must notify the regulator of a qualifying personal data breach without undue delay and within 72 hours when feasible, and inform individuals without delay if there is a high risk to their rights and freedoms.

Computer Crime Act B.E. 2550 and amendments. Criminalizes unlawful access, interference, data alteration, and certain harmful online content. Service providers must retain computer traffic data for at least 90 days, and up to 2 years by order. Intermediaries can face liability if they intentionally support or consent to offenses. A ministerial notification provides a notice-and-takedown framework to help qualify for limited protections when followed.

Royal Decree on the Supervision of Digital Platform Services that Require Notification to the Electronic Transactions Development Agency. Certain platforms such as online marketplaces, app stores, social commerce, ride-hailing, or food delivery must notify the regulator and comply with duties on transparency, terms, complaint handling, risk management, and reporting. Some platforms must designate a local contact person and keep specific records.

Direct Sales and Direct Marketing Act and Consumer Protection Act. Direct marketing businesses typically must register and display mandatory information such as the business name, address, and registration number on websites or social media pages. Thai consumer law polices unfair contract terms, misleading ads, and requires clear disclosures of price, fees, delivery terms, and return policies. Cooling-off rights may apply for direct sales or direct marketing in defined situations, commonly allowing cancellation within a short period such as 7 days after receipt.

Unfair Contract Terms Act and advertising rules. Prohibit terms that create an excessive imbalance to the detriment of consumers and regulate advertising claims, especially for sensitive products such as foods, cosmetics, supplements, and medical devices, which may also require approvals from the Food and Drug Administration.

Revenue Code and VAT. Local online sellers must consider VAT registration if annual turnover meets the threshold, currently 1.8 million baht, and must issue tax invoices and comply with e-tax invoicing rules where applicable. Foreign providers of electronic services to users in Thailand may have to register under the VAT on e-services regime if their revenues exceed the threshold.

Payment Systems Act and Bank of Thailand notifications. Payment service providers and e-money issuers need licensing or notification, and must observe rules on safeguarding funds, disclosure, and security. Merchants should understand how these rules affect settlement cycles, chargebacks, and KYC requirements.

Intellectual property. The Trademark Act and Copyright Act protect branding and content. Online sellers should register trademarks with the Department of Intellectual Property and use notice-and-takedown procedures with platforms when infringement occurs. Disputes are heard by the Central Intellectual Property and International Trade Court in Bangkok.

Enforcement and local context. Bangkok Noi businesses interface with national bodies located in Bangkok. Complaints about cybercrime are commonly filed with the Technology Crime Suppression Division. Consumer complaints can be lodged with the Office of the Consumer Protection Board. Business registration is handled by the Department of Business Development, and court actions may proceed in Bangkok courts including the specialized IP and IT court.

Frequently Asked Questions

Are electronic contracts and e-signatures valid in Thailand?

Yes. The Electronic Transactions Act recognizes e-contracts and e-signatures if the method is reliable and appropriate for the transaction. Certain documents still require special form such as notarization or registration, so check specific laws for real property, family law, or other formal transactions.

Do I need to register my online shop with authorities?

It depends on your activity. Most businesses must register an entity or commercial registration with the Department of Business Development and register for VAT when meeting the threshold. If you conduct direct marketing, you typically must register with the Office of the Consumer Protection Board and display required information. If you operate a qualifying digital platform service, you may need to notify the Electronic Transactions Development Agency under the Royal Decree.

What must my website or social commerce page display?

Best practice and in many cases legal duty is to show your business name, business address, contact details, company or commercial registration number, direct marketing registration number if applicable, full price including taxes and fees, delivery costs and timelines, return and refund rules, and a privacy notice. If you use cookies or similar technologies, provide a clear cookie notice and obtain consent where required.

How does the Personal Data Protection Act affect my shop?

You must identify a lawful basis for processing, provide an accessible privacy notice, collect only what you need, secure the data, honor access and deletion requests, and manage cross-border transfers appropriately. High risk processing may require a data protection impact assessment, and some organizations must appoint a data protection officer. Vendors that process data on your behalf need contracts with PDPA-required clauses.

What should I do if I suffer a data breach?

Contain the incident, preserve evidence, assess risk, and document findings. Notify the regulator without undue delay and within 72 hours when feasible if the breach is likely to risk individual rights and freedoms, and notify affected individuals without delay if there is high risk. Update your security and incident response procedures and consider engaging forensic experts and legal counsel.

Can I send marketing emails, SMS, or LINE messages without consent?

Obtain consent when required and always respect opt-out choices. Under the PDPA, consent is one lawful basis for marketing, though legitimate interest may sometimes apply subject to a balancing test. For telecom channels such as SMS or voice calls, follow National Broadcasting and Telecommunications Commission rules on telemarketing and do-not-call practices. Keep records of consent and opt-out.

What are my responsibilities as an online marketplace or app platform?

Depending on scale and service type, you may need to notify the Electronic Transactions Development Agency, publish transparent terms, implement complaint handling, cooperate with authorities, mitigate systemic risks, and keep specified records. You should also implement seller onboarding checks, a notice-and-takedown mechanism for unlawful content, and traffic log retention consistent with the Computer Crime Act.

How do I handle fake reviews, defamation, or illegal content?

Use platform tools to report and remove content, send legal takedown notices that include precise URLs and reasons, and preserve server and platform logs. Serious cases can be reported to the Technology Crime Suppression Division. Thai defamation law is strict, so obtain advice before publishing responses to avoid legal exposure.

How do taxes apply to my online sales?

If your annual revenue reaches the VAT threshold, currently 1.8 million baht, register for VAT and charge it where applicable. Issue tax invoices and consider using e-tax invoice and e-receipt. Overseas providers of electronic services to Thai users may need to register under the VAT on e-services regime. Consult an adviser about withholding tax, stamp duty on specific instruments, and customs duties for cross-border sales.

Should my terms and policies be in Thai?

There is no blanket rule that forces consumer-facing terms to be in Thai, but it is prudent to provide Thai language versions for consumer sales since disclosures under consumer laws often must be clear and prominent to Thai users. In a dispute, ambiguities may be construed against the drafter, and Thai language materials are more accessible to regulators and courts.

Additional Resources

Electronic Transactions Development Agency. Regulates electronic transactions and oversees digital platform service notifications. Provides guidance on e-signatures, trust services, and standards.

Office of the Personal Data Protection Committee. Issues PDPA regulations and guidance, handles breach notifications, and publishes decisions and enforcement updates.

Ministry of Digital Economy and Society. Oversees policy for the digital economy and supervises the Computer Crime Act administration.

Technology Crime Suppression Division, Royal Thai Police. Receives complaints and investigates cybercrime and computer-related offenses.

Office of the Consumer Protection Board. Registers direct marketing businesses, handles advertising and unfair contract term issues, and receives consumer complaints.

Department of Business Development, Ministry of Commerce. Handles company and partnership registrations, commercial registrations, and disclosure obligations.

The Revenue Department. Administers VAT, e-tax invoices, and the VAT on e-services system for foreign electronic service providers.

Bank of Thailand. Licenses and supervises payment service providers and e-money issuers and sets rules on security and safeguarding.

Department of Intellectual Property. Registers trademarks and patents and provides mechanisms to enforce IP rights.

Central Intellectual Property and International Trade Court. Specialized court in Bangkok that hears IP and certain technology disputes, including online infringement matters.

Next Steps

Clarify your business model. Map your buyer journey, data flows, channels, and vendors. Identify whether you operate a shop, a marketplace, or another kind of platform and whether you engage in direct marketing.

Assemble core documents. Prepare or update terms and conditions, privacy notice, cookie notice, refund and warranty policy, seller onboarding terms, influencer agreements, and data processing agreements with vendors.

Complete registrations. Register your entity or commercial registration with the Department of Business Development, obtain any sector approvals, and register for VAT when required. If you conduct direct marketing, register with the Office of the Consumer Protection Board. If you operate a qualifying platform, notify the Electronic Transactions Development Agency.

Implement compliance controls. Set up consent and preference management, security controls, access logs, breach response playbooks, record retention policies, and notice-and-takedown procedures. Ensure computer traffic data is retained as required.

Engage a lawyer. Look for a Thailand-qualified lawyer with experience in e-commerce, PDPA, and platform regulation, ideally bilingual Thai-English. Ask about recent work with online retailers or marketplaces and familiarity with Bangkok-based enforcement practices.

Prepare for incidents. For urgent issues such as fraud, ransomware, or doxxing, preserve evidence, contact your counsel, notify insurers if applicable, and consider reporting to the Technology Crime Suppression Division. For data breaches, assess and make required PDPA notifications promptly.

Disclaimer. This guide provides general information and is not legal advice. Laws evolve quickly in this area. Consult a qualified Thai lawyer for advice tailored to your situation in Bangkok Noi.