Best Technology Transactions Lawyers in Bang Khen

About Technology Transactions Law in Bang Khen, Thailand

Technology transactions cover the contracts, risk allocation, and regulatory requirements that arise when businesses buy, sell, license, develop, integrate, or outsource technology. In Bang Khen, a district in Bangkok with universities, startups, and established enterprises, most legal issues are governed by national Thai laws, enforced and interpreted by Bangkok based courts and regulators. Whether you are licensing software, procuring cloud services, building a platform, or transferring data across borders, the key questions are usually the same: who owns the intellectual property, what data can be collected and shared, how liability is allocated, how payment and taxes work, and how disputes will be resolved.

Thai law recognizes electronic contracts and signatures, protects personal data, and offers a comprehensive intellectual property framework. However, the details are important. Standard international templates often need to be localized to fit Thai law, practices, and tax rules. In Bang Khen, parties frequently choose Bangkok as the governing venue and rely on Thai or bilingual contracts to ease enforcement.

Why You May Need a Lawyer

Technology deals move quickly and often involve complex regulatory and IP issues. A lawyer can help you negotiate fair commercial terms, comply with local rules, and avoid hidden risks that may be costly later. You may need a lawyer when you are licensing software or a platform, building a SaaS reseller network, integrating systems with a systems integrator, or outsourcing development or support.

Legal advice is also common when handling personal data under the PDPA, drafting data processing agreements, setting cross border data transfer mechanisms, and responding to data breaches or cybersecurity incidents. If you are commercializing patents, copyrights, or trade secrets, a lawyer can structure ownership and assignment, manage open source compliance, and set up escrow for source code.

Other frequent triggers include vendor or customer disputes over service levels, acceptance and milestones, and change orders, as well as joint ventures, franchising or white label arrangements, and due diligence in mergers or investments involving software and data assets. Foreign suppliers often need guidance on the Foreign Business Act, tax and invoicing, permanent establishment risks, and e service VAT registration.

Local Laws Overview

Personal data. The Personal Data Protection Act sets rules for collection, use, and disclosure of personal data. Controllers and processors must have a lawful basis such as consent, contract, or legitimate interests, provide notices, implement security measures, honor data subject rights, and record processing activities. Data breach notification to the regulator is required without undue delay and generally within 72 hours if there is risk to rights and freedoms, with notice to data subjects if high risk. Cross border transfers are allowed to countries with adequate protection or with safeguards such as binding corporate rules or specific derogations.

Electronic contracts and signatures. The Electronic Transactions Act recognizes electronic contracts and signatures if reliability and intent can be shown. Higher assurance digital signatures may be used where parties or specific regulations require stronger identity and integrity checks. Keep robust audit logs, consent records, and time stamps.

Cybersecurity and online activity. The Computer Crime Act addresses unauthorized access, interference, and illegal content, and sets logging and cooperation duties for service providers. The Cybersecurity Act imposes obligations on critical information infrastructure operators. Many technology suppliers will not be CII operators, but security and incident response provisions should still be included in contracts.

Intellectual property. The Copyright Act protects software and databases as literary works. By default, an employer typically owns copyright in works made in the course of employment unless agreed otherwise, while independent contractors usually retain ownership absent an assignment. Patents and petty patents protect technical inventions, and the Trade Secrets Act protects confidential know how. Trademarks protect brands and logos. Clear ownership, licensing scope, and assignment clauses are essential in all technology agreements.

Contracts and consumer protection. The Civil and Commercial Code governs sale of goods, hire of work, services, agency, and assignment. The Unfair Contract Terms Act restricts terms that are unreasonably burdensome, especially in consumer contexts, and certain consumer technology offerings may face extra disclosure obligations. Courts may adjust excessive penalties or unfair clauses.

Competition and distribution. The Trade Competition Act prohibits anti competitive agreements, abuse of dominance, and unfair trade practices. Exclusive distribution, MFN clauses, and platform parity terms should be reviewed for compliance.

Foreign Business Act and market entry. Many service activities are restricted for foreign entities. Selling into Thailand from overseas without a local presence is possible in some cases, but onshore service provision may require a Foreign Business License or BOI promotion. Consider permanent establishment risk, local invoicing, and tax registration.

Tax. Standard VAT is generally 7 percent. Domestic service fees may be subject to withholding tax. Cross border payments for software and know how may be treated as royalties with withholding tax, subject to tax treaties. Since 2021, foreign electronic service providers that supply digital services to Thai non VAT registered customers may need to register for e service VAT. Some instruments may attract stamp duty. Confirm the correct tax treatment and invoicing structure before signing.

Dispute resolution. Many technology contracts choose Thai law and Bangkok as the venue. Parties frequently agree to arbitration at the Thailand Arbitration Center or the Thailand Arbitration Institute, especially for cross border deals. IP disputes often go to the Central Intellectual Property and International Trade Court in Bangkok.

Frequently Asked Questions

Are electronic signatures valid for technology contracts in Thailand

Yes. Under the Electronic Transactions Act, electronic signatures are valid if they reliably indicate the signer and their approval. The level of assurance should match the risk. For high value or regulated transactions, consider advanced or digital signatures and robust audit trails. Some filings with authorities still require wet ink or certified copies.

What should a Thai software license or SaaS agreement include

Key points include license scope, territorial and user limits, SaaS uptime targets, support and maintenance, data protection and security, subcontracting, change management, acceptance and milestones, IP ownership and restrictions, open source disclosures, indemnities for IP infringement, limits of liability, termination and data return, audit and compliance, tax and invoicing, and governing law and venue. Align the PDPA and Computer Crime Act obligations with practical security standards.

How do we handle personal data under the PDPA in a cloud or SaaS deal

Identify controller and processor roles, include a compliant data processing agreement, provide notices and lawful bases, restrict processing to documented purposes, implement security controls, address sub processors and cross border transfers, define retention and deletion, and set breach notification steps. If high risk processing occurs, consider a data protection impact assessment and a DPO if thresholds are met.

Can we transfer personal data outside Thailand

Yes, if an adequacy decision applies, or if appropriate safeguards like binding corporate rules or standard contractual terms are in place, or if a specific PDPA derogation applies such as consent or contract necessity. Map data flows and document your transfer mechanism. Update privacy notices and vendor agreements accordingly.

Who owns IP created by employees or contractors in Thailand

Employers typically own copyrights in works created in the course of employment, subject to any agreement and the creator’s moral rights. For contractors, ownership usually remains with the creator unless there is a written assignment. For inventions, trademarks, and trade secrets, use explicit assignment and confidentiality clauses. Always clarify background IP and improvements.

Are penalty clauses and service credits enforceable

Thai law recognizes agreed damages in principle, but courts can adjust amounts that are excessive or unfair. Service credits are usually treated as a pricing adjustment rather than a penalty. Draft remedies that are reasonable, proportionate to likely losses, and clearly linked to measurable service levels.

Do we need a Thai language or bilingual contract

Parties can contract in English, but if you must file with an authority or enforce in a Thai court, a Thai translation will be required. Many parties use bilingual contracts with a clear clause stating which language prevails to avoid interpretation disputes.

What should foreign vendors know about selling IT services into Thailand

Remote cross border sales may be possible without a local entity, but consider the Foreign Business Act, e service VAT registration, withholding tax on fees or royalties, and permanent establishment risk. For onshore implementation or support, a local entity, a Foreign Business License, or BOI promotion may be needed. Structure contracts and invoicing carefully.

How do we protect trade secrets and confidential information

Use well drafted NDAs, access controls, need to know restrictions, and audit rights. Identify confidential information clearly, define permitted use, and set return or destruction obligations. Under the Trade Secrets Act, reasonable secrecy measures are key to legal protection. Include employee and contractor confidentiality and invention assignment clauses.

What forum is best for resolving technology disputes

For cross border or technical disputes, arbitration in Bangkok under THAC or TAI rules is common. For IP and licensing disputes, the Central Intellectual Property and International Trade Court offers specialized judges and procedures. Consider interim relief, evidence rules, language, and enforceability when choosing the forum.

Additional Resources

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

Electronic Transactions Development Agency for e signature, e contract, and digital trust guidance.

Department of Intellectual Property for copyrights, patents, trademarks, and recordation services.

Revenue Department for VAT, withholding tax, stamp duty, and e service VAT registration guidance.

Department of Business Development for company registrations and filings.

Central Intellectual Property and International Trade Court for IP and technology disputes.

Thailand Arbitration Center and Thailand Arbitration Institute for arbitration of technology contracts.

Office of the National Cybersecurity Committee for cybersecurity standards and CII matters.

Technology Crime Suppression Division for cybercrime complaints and coordination.

Thailand Board of Investment for investment incentives in software, data centers, and digital services.

Next Steps

Define your goals and risk tolerance. List what you are buying or selling, the data involved, timelines, performance needs, and budget. Identify any regulatory touchpoints such as PDPA, sector rules, or export controls.

Gather key documents. Collect draft contracts, statements of work, privacy notices, security policies, IP registrations, open source inventories, and any prior agreements with customers or vendors.

Map data and technology flows. Note which systems process personal data, which vendors are sub processors, and where data will be stored or accessed. This will inform your PDPA and cross border transfer approach.

Engage a technology transactions lawyer in Bangkok. Ask for a contract playbook with fallback positions, localization of your templates for Thai law, and a PDPA compliance checklist tailored to your operations in Bang Khen.

Align tax and invoicing. Confirm VAT, withholding, and any e service VAT obligations. Set correct invoicing entities and payment flows before signing to avoid later rework.

Finalize operational safeguards. Agree on service levels, incident response, disaster recovery, and audit rights. Set onboarding and exit plans, including data return and assistance.

Plan dispute and language strategy. Choose governing law, forum, arbitration or courts, and the language of the agreement. If bilingual, specify which version prevails and arrange certified translations where needed.

Document and train. Keep a contract register, assign owners for obligations, and train your team on PDPA, security, and IP handling. Review and update agreements and policies annually or when laws change.

If you need assistance now, schedule a consultation with a lawyer experienced in Thai technology transactions, bring your objectives and documents, and request a clear set of next steps, timelines, fees, and deliverables.