Best Media, Technology and Telecoms Lawyers in Bangkok Noi
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Find a Lawyer in Bangkok NoiAbout Media, Technology and Telecoms Law in Bangkok Noi, Thailand
Bangkok Noi is a historic riverside district of Bangkok with a mix of creative studios, SMEs, startups, and service providers. Although the neighborhood has its own character, businesses and individuals in Bangkok Noi are governed by nationwide Thai laws and regulations that cover media content, digital services, data protection, cyber security, intellectual property, and telecom infrastructure. Key regulators include the National Broadcasting and Telecommunications Commission, the Ministry of Digital Economy and Society, the Office of the Personal Data Protection Committee, and the Electronic Transactions Development Agency. If you publish content, operate a platform, provide software or connectivity, or run an online business from Bangkok Noi, you will interact with this national legal framework.
Why You May Need a Lawyer
You may need legal help when launching or scaling a digital platform or app, especially to choose the right corporate structure, draft platform terms, and manage user generated content and takedown procedures.
You may need advice to comply with the Personal Data Protection Act, including selecting lawful bases, designing consent flows, drafting privacy notices, handling cross-border transfers, appointing a data protection officer if required, and documenting vendor agreements and security measures.
You may require assistance responding to a data breach or cyber incident, coordinating notifications to the Office of the PDPC and affected users, preserving evidence, and managing investigations.
You may need counsel for content and advertising compliance, including copyright and trademark clearance, film and video classification, defamation risk, influencer marketing disclosures, restrictions on alcohol, health, and gambling ads, and child protection rules.
You may need telecom and broadcasting licensing guidance, including NBTC license types, equipment approvals, spectrum use, and conditions for internet service providers and resellers.
You may need help with contracts and disputes, such as software development and SLA agreements, cloud and data processing addenda, IP assignments, licensing, joint ventures, and litigation or arbitration at the Central Intellectual Property and International Trade Court.
You may need support for local permits and infrastructure, such as deploying fiber, small cells, or rooftop equipment in Bangkok Noi, which can involve building control rules and rights of way under Bangkok Metropolitan Administration processes.
Local Laws Overview
Personal Data Protection Act B.E. 2562 - Thailand’s PDPA applies to most organizations that collect, use, or disclose personal data. Lawful bases include consent, contract, legal obligation, vital interests, public task, and legitimate interests subject to a balancing test. Sensitive data needs explicit consent unless a specific exemption applies. Controllers must implement security, maintain records, and manage data subject rights. Breaches that risk rights and freedoms must be notified to the Office of the PDPC within 72 hours and to individuals without undue delay if the risk is high. International transfers require appropriate safeguards, such as adequate destination, contractual clauses, or other PDPC accepted mechanisms.
Computer Crime Act B.E. 2550 as amended - Sets offenses for unlawful access, interference, and publication of certain illegal content. Service providers must retain traffic data for at least 90 days and up to two years upon order. Authorities can seek court orders for data disclosure or content restriction. Businesses that host or transmit content should maintain notice handling procedures and cooperate with lawful orders.
Cybersecurity Act B.E. 2562 - Establishes a framework for national cyber security. Critical information infrastructure operators have additional duties for risk management, incident reporting, and cooperation with the National Cyber Security Committee. Most private businesses should at least align with recognized security standards and be prepared to respond to directives during significant threats.
Electronic Transactions Act B.E. 2544 and related regulations - Recognizes legal validity of electronic records and e-signatures if reliability criteria are met. Certain documents may still require specific formalities under other laws. ETDA issues guidelines and standards for trust services and digital platforms.
Royal Decree on Digital Platform Service Business Requiring Notification to ETDA B.E. 2565 - Certain digital platform operators must notify ETDA and meet transparency and consumer protection duties, such as clear terms, disclosure of ranking parameters, and complaint handling. Thresholds and categories determine who is in scope.
Broadcasting and Television Business Act and NBTC regulations - Govern broadcasting services, audiovisual media, advertising rules, and content decency standards. Film and Video Act B.E. 2551 introduces classification and content review for films and certain videos. Online streaming services should monitor evolving guidance that can affect local compliance obligations.
Telecommunications Business Act and NBTC licensing - Telecom services are licensed by type. Equipment that uses radio frequency often requires type approval. Deploying network infrastructure can trigger local permits with the Bangkok Metropolitan Administration and coordination with utilities.
Copyright Act B.E. 2537 as amended and Trademark Act - Protect creative works and brand identifiers. Thailand provides court ordered takedown mechanisms and remedies against infringement. Platform operators benefit from clear IP notice procedures and repeat infringer policies to mitigate risk. Trade Secrets Act protects confidential information and should be backed by contractual and technical safeguards.
Consumer protection and advertising - The Consumer Protection Board and sector regulators enforce fair advertising and disclosure rules. Specific products such as alcohol, health products, and gambling are heavily restricted. Influencer and affiliate marketing should include clear disclosures to avoid misleading consumers.
Criminal defamation and content offenses - Thailand’s Criminal Code includes defamation offenses. Content creators and platforms should implement moderation policies and swift response to valid complaints. Content touching on sensitive areas can have serious consequences, so pre-publication review and escalation protocols are important.
Tax considerations for digital services - Value added tax on electronic services requires certain foreign electronic service providers supplying Thai users to register and remit VAT. Thai operators should assess VAT and corporate income tax impacts of digital offerings.
Frequently Asked Questions
Do Thai data protection rules apply to a small business in Bangkok Noi with a simple website?
Yes. If you collect or use personal data, such as contact forms, customer accounts, or analytics that identify individuals, the PDPA applies. Obligations scale with risk, but you should publish a privacy notice, determine a lawful basis, secure data, and honor access or deletion requests.
Can I transfer customer data to a cloud provider outside Thailand?
Yes, cross border transfers are allowed if you implement appropriate safeguards. Options include transferring to an adequate destination when designated, using contractual clauses that ensure PDPA level protection, or other PDPC accepted mechanisms. Document your assessment and keep the clauses on file.
When do I need a data protection officer?
A DPO is required for public authorities and for private organizations whose core activities involve regular and systematic monitoring of data subjects on a large scale or processing of sensitive data on a large scale. Many SMEs do not need a formal DPO but should assign a responsible person for PDPA compliance.
What should a platform in Thailand do when it receives a complaint about illegal content?
Have a clear policy that allows users to report allegedly unlawful or infringing content, assess the complaint promptly, and take proportionate action. For serious matters, seek a court order or consult counsel. Keep logs and be ready to cooperate with lawful requests under the Computer Crime Act.
Do I need an NBTC license to provide a SaaS application?
Pure software services that do not provide telecommunications services usually do not need a telecom license. If you operate network facilities, provide public connectivity, or resell telecom services, NBTC licensing may apply. Verify your business model before launch.
What are the rules for filming or streaming in Bangkok Noi?
Commercial filming may require permits for certain locations or public spaces. Films and specific video distributions fall under the Film and Video Act classification regime. Ensure you have location permissions, talent releases, and IP clearances. Live streaming should avoid restricted content and respect privacy and consumer protection laws.
How do copyright takedowns work in Thailand?
Rights holders can seek court orders to remove infringing content. Service providers that act on court orders and maintain reasonable policies can reduce liability risk. There is no exact equivalent of a foreign DMCA system, so local procedures and court processes are important.
Are cookies and online tracking regulated?
There is no standalone cookie law, but if cookies or similar identifiers collect personal data, PDPA applies. Provide clear notice, obtain consent where needed, and honor choices. Analytics that are de-identified may reduce obligations, but verify the implementation.
What happens if my company suffers a data breach?
Assess and contain the incident, preserve evidence, and evaluate risks. If there is a risk to rights and freedoms, notify the Office of the PDPC within 72 hours. Notify affected individuals without undue delay if the risk is high. Document actions and consider engaging forensic and legal teams.
Can influencers advertise any product online?
No. Content must be truthful and not misleading. Some products, such as alcohol, certain health products, and gambling, are restricted or prohibited from advertising. Disclosures of paid partnerships are advisable to meet consumer protection expectations. Contracts should allocate compliance duties between brands and influencers.
Additional Resources
National Broadcasting and Telecommunications Commission - Regulates telecom and broadcasting, licensing, spectrum, equipment approvals, and content standards.
Ministry of Digital Economy and Society - Oversees policy for digital development and coordinates with agencies on cyber policy and platform governance.
Office of the Personal Data Protection Committee - Issues PDPA rules and guidance, receives breach notifications, and handles complaints.
Electronic Transactions Development Agency - Sets standards for electronic transactions, e-signatures, trust services, and digital platform notification requirements.
Department of Intellectual Property - Administers copyright, trademark, patent, and provides complaint channels for IP issues.
Technology Crime Suppression Division of the Royal Thai Police - Handles computer related crime investigations.
Central Intellectual Property and International Trade Court - Specialized court for IP and technology related disputes.
Bangkok Metropolitan Administration District Office - Handles local permits that may be relevant to filming, signage, and certain infrastructure works in Bangkok Noi.
Office of the Consumer Protection Board - Oversees advertising and consumer rights, including unfair contract terms and misleading claims.
Next Steps
Clarify your objectives and risk areas. Map your activities that involve content publishing, personal data, platform operations, telecom services, or infrastructure in Bangkok Noi. Identify key pain points such as cross border data flows, licensing, or advertising.
Gather documents. Collect corporate records, data flows, current policies, contracts with vendors and partners, and any notices or complaints you have received. This speeds up legal review.
Schedule an initial consultation with a lawyer experienced in media, technology, and telecoms. Ask about Thai PDPA readiness, content and advertising compliance, NBTC licensing, IP protection, and dispute strategies relevant to your business model.
Prioritize compliance actions. Typical quick wins include privacy notices, data processing addenda, incident response plans, content moderation workflows, IP clearance checklists, and contract templates for creators and vendors.
Coordinate with technical and operational teams. Implement security controls, logging, and retention aligned with the Computer Crime Act and PDPA. Update your product to support consent and user rights.
Plan for growth. If you expand services, add network equipment, or enter regulated content areas, reassess licensing and permits. In Bangkok Noi, coordinate early for any physical deployments that touch buildings or public spaces.
Document and train. Keep records of decisions, DPIAs, and approvals. Train staff and creators on acceptable content, data handling, and advertising rules to reduce day to day risk.
Revisit regularly. Laws and guidance evolve. Schedule periodic reviews so your policies, contracts, and product features stay aligned with Thai requirements.
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.