Best Technology Transactions Lawyers in Bueng Kum

About Technology Transactions Law in Bueng Kum, Thailand

Technology transactions cover the contracts, rights, and regulatory obligations that arise when businesses develop, license, buy, sell, integrate, or monetize technology. In Bueng Kum, a district within Bangkok, most tech deals are governed by Thai national law and handled in the Bangkok courts and agencies. Typical transactions include software development and licensing, SaaS and cloud subscriptions, data processing and analytics agreements, joint development and R and D, APIs and integrations, distributors and resellers, hardware procurement with embedded software, open source compliance, IP assignments and transfers, technology franchising, and digital platform operations. Because these deals often touch on intellectual property, data protection, competition, tax, and sectoral regulation, careful contract drafting and compliance planning are essential.

Thailand recognizes electronic contracts and signatures, protects software by copyright and trade secrets, restricts certain data transfers outside Thailand, and regulates digital platforms and payment services. Disputes involving IP and international trade commonly go to the Central Intellectual Property and International Trade Court in Bangkok. Businesses based in or serving Bueng Kum can therefore access specialized forums and regulators nearby.

Why You May Need a Lawyer

You may need a technology transactions lawyer in these situations. You are negotiating a software license, SaaS or cloud services agreement, or a software development and maintenance contract, and want balanced service levels, acceptance criteria, warranties, and exit rights. You plan to commercialize or acquire technology, such as assigning or licensing patents, trademarks, copyrights, or trade secrets, or entering a joint development or technology transfer arrangement. You process personal data of customers or employees and need a data processing agreement, cross border transfer strategy, and privacy notices under the PDPA. You operate a digital platform or marketplace and must comply with platform notification and transparency obligations, content policies, and consumer law. You rely on open source software and need due diligence on license compatibility, attribution, and copyleft obligations. You are onboarding resellers, OEM partners, or distributors and need territory, exclusivity, price, and competition compliant clauses. You are procuring IT systems or outsourcing services and want vendor risk, cybersecurity, and business continuity protections, plus escrow for source code. You offer fintech or payment related services and may require Bank of Thailand authorization or need to structure a compliant partnership. You face enforcement actions, breach notifications, or disputes about IP ownership, confidentiality, or contract performance. You need to structure taxes and invoicing for cross border royalties, services, and VAT on e services.

Local Laws Overview

Contract and electronic transactions. The Civil and Commercial Code sets core contract rules. The Electronic Transactions Act recognizes electronically formed contracts and electronic signatures, provided reliability and consent conditions are met. Well drafted e signature and clickwrap processes are enforceable if you keep reliable logs and audit trails.

Intellectual property. Software is protected by copyright. Computer programs as such are not patentable in Thailand, although computer implemented inventions with a technical character may be patentable. Trade secrets protect confidential know how if reasonable secrecy measures exist. Trademarks and service marks protect brands. IP assignments or licenses should be in writing and, for some rights, recordation with the Department of Intellectual Property is advisable for third party effectiveness. In employment, the employer generally owns works created in the course of employment unless agreed otherwise. For commissioned works outside employment, the creator usually owns the copyright unless the contract clearly transfers ownership.

Data protection and cybersecurity. The Personal Data Protection Act PDPA applies to personal data processing and sets rules on lawful bases, notices, consent, data subject rights, data security, data processor obligations, and cross border transfers. Cross border transfers typically require adequacy or safeguards, or a PDPA exemption. Data breaches that may risk data subjects can trigger notification duties. The Cybersecurity Act applies to critical information infrastructure operators in designated sectors and may require incident preparedness and cooperation with the regulator.

Computer crime and content. The Computer Crime Act sets offenses such as unauthorized access and distribution of illegal content, and imposes duties for service providers to cooperate with takedown orders. Platform and hosting agreements should address notice and takedown, logging, and cooperation with authorities.

Consumer and platform rules. The Consumer Protection Act and the Unfair Contract Terms Act regulate standard form terms, disclaimers, and advertising. The Royal Decree on Digital Platform Services under the Electronic Transactions Act requires certain platforms that serve users in Thailand to notify and disclose key information, keep records, and follow complaint handling and transparency duties. This affects marketplaces, app stores, ride hailing, food delivery, and similar services based on thresholds.

Competition law. The Trade Competition Act prohibits anti competitive agreements, abuse of dominance, and certain mergers without approval or notification. Exclusive dealing, most favored nation, and no poach clauses must be assessed for compliance.

Payments and fintech. The Payment Systems Act governs e money, payment gateways, merchant acquirers, and other payment services, supervised by the Bank of Thailand. Partnering with a licensed provider or obtaining a license may be necessary depending on your model.

Tax and invoicing. Royalties and certain service fees paid to foreign providers may be subject to Thai withholding tax under the Revenue Code, often at 15 percent for royalties unless reduced by a tax treaty. Domestic service payments generally carry 3 percent withholding tax. Value added tax is 7 percent. Foreign electronic service providers that generate revenue from users in Thailand may have VAT obligations once they meet the registration threshold. Some written instruments attract stamp duty. Always confirm current rates and treaty relief with a tax adviser.

Governing law, language, and dispute resolution. Thai law commonly governs local transactions. Contracts can be bilingual, but using a Thai version helps with enforcement and regulatory filings. IP disputes often fall within the Central Intellectual Property and International Trade Court. Arbitration is recognized under the Arbitration Act, and the Thailand Arbitration Center is available for domestic and cross border disputes.

Frequently Asked Questions

What is a technology transfer or licensing agreement in Thailand

It is a contract that allows a party to use or commercialize technology, such as software, patents, know how, trademarks, or data. It should clearly define scope of use, territory, exclusivity, fees and royalties, IP ownership, confidentiality, improvements, warranties, liability, audit rights, and termination. For some IP rights, recording the license or assignment with the Department of Intellectual Property is recommended.

Are electronic signatures valid for tech contracts in Thailand

Yes. Under the Electronic Transactions Act, electronic signatures and clickwrap processes are valid if the method reliably identifies the signer and indicates intent to be bound. Keep robust logs, timestamps, and consent records. Some filings with authorities may still require wet ink or specific formats.

Who owns software created by an employee or contractor

As a default rule, an employer generally owns works created by an employee within the scope of employment unless agreed otherwise. For contractors or commissioned works, the creator usually owns the copyright unless the contract assigns ownership. To avoid disputes, include explicit IP ownership and assignment clauses, and moral rights waivers where appropriate and permitted.

Do I need consent to transfer personal data outside Thailand

Cross border transfers under the PDPA require adequacy or appropriate safeguards, or an applicable exemption. Consent is one option, but it must be informed and specific. Alternative mechanisms include binding rules, standard contractual clauses, or statutory exceptions. Document your transfer mechanism and conduct transfer impact assessments where appropriate.

How should I handle open source software in my product

Perform an open source bill of materials review, verify license obligations such as attribution, source code disclosure for copyleft components, and patent clauses, and align with your distribution model. Include an open source policy in supplier and development agreements and maintain compliance evidence for audits and investor due diligence.

What taxes apply to software and royalty payments

Royalties and certain service fees paid to foreign providers may be subject to Thai withholding tax, often at 15 percent for royalties unless reduced by a tax treaty. VAT at 7 percent generally applies to software licenses, SaaS, and e services consumed in Thailand. Foreign e service providers may need to register for VAT once they exceed the revenue threshold. Confirm current rates and treaty relief with a tax adviser.

What should a SaaS agreement for Thai customers include

Key terms include service scope, uptime and SLAs, data protection and PDPA compliance, data location and cross border transfer mechanisms, incident response, subcontractor controls, IP and licensing, price and taxes, change management, audit rights, termination and data return or deletion, and governing law and dispute resolution. Consumer facing terms must also comply with the Unfair Contract Terms Act and Consumer Protection Act.

Can I restrict reverse engineering under Thai law

Contractual prohibitions on reverse engineering are common in software licenses and are generally enforceable, subject to mandatory law. However, exceptions may apply for interoperability or security testing based on applicable copyright and computer crime provisions. Draft clear terms and ensure they are compatible with applicable law.

What happens if there is a data breach affecting Thai users

Under the PDPA, controllers must assess risk and notify the regulator without delay when a breach is likely to result in a risk to rights and freedoms. When the risk is high, affected individuals must also be notified. Maintain an incident response plan, vendor flow downs, and breach notification clauses to meet timelines and evidence remediation.

Where are tech and IP disputes heard for businesses in Bueng Kum

Many IP and international trade disputes are heard by the Central Intellectual Property and International Trade Court in Bangkok. Contracts can also specify arbitration, for example at the Thailand Arbitration Center. Choice of forum should align with the nature of the transaction, counterparty location, and enforcement considerations.

Additional Resources

Department of Intellectual Property, Ministry of Commerce. Handles registration and recordation for patents, trademarks, and copyright, and provides guidance on IP protection and licensing.

Office of the Personal Data Protection Committee PDPC. Issues PDPA guidelines, notifications, and enforcement actions, and provides templates and guidance on data subject rights and cross border transfers.

Electronic Transactions Development Agency ETDA. Oversees electronic transactions policy, the Royal Decree on Digital Platform Services, trust services, and e signature standards.

Ministry of Digital Economy and Society. Issues policies and coordinates on digital economy, cybersecurity, and platform governance.

Bank of Thailand. Regulates payment service providers and issues licenses and guidelines under the Payment Systems Act.

Trade Competition Commission of Thailand. Enforces competition law including platform and digital market practices.

Thailand Arbitration Center THAC. Provides facilities and rules for domestic and international arbitration and mediation of technology disputes.

Revenue Department. Publishes guidance on withholding tax, VAT, and e service VAT obligations relevant to cross border technology transactions.

Bangkok Metropolitan authorities and the Central Intellectual Property and International Trade Court. Local institutions that businesses in Bueng Kum may interact with for filings and disputes.

Next Steps

Clarify your goals and risks. Write down what you are trying to achieve with the technology deal, the markets and users you will serve, and your risk tolerance on uptime, security, and liability caps. This helps your lawyer tailor the structure and terms.

Collect key documents. Prepare business registration documents, any prior IP assignments or licenses, product and data flow descriptions, information security policies, open source inventories, and draft or counterpart term sheets.

Map regulatory touchpoints. Identify whether your service involves personal data, payments, telecommunications, or regulated platform activities. Note any cross border data flows, encryption, or sector specific requirements.

Plan taxes and invoicing. Discuss withholding tax, VAT, and e service VAT registration with tax advisers before you set prices and revenue flows. Align invoicing terms in your contracts with tax reality.

Engage a local technology transactions lawyer. Look for experience in PDPA, IP licensing, SaaS and cloud deals, and cross border transactions. Ask for a contract playbook and fallback positions to speed negotiations.

Negotiate and document. Use clear Thai or bilingual contracts, define acceptance and performance measures, include PDPA compliant data processing addenda, confirm IP ownership, and set practical exit and transition assistance terms.

Implement compliance. Train teams on contract obligations, privacy and security, and open source use. Set up logs, retention schedules, incident response procedures, and vendor oversight to evidence compliance.

Review periodically. Laws and platform rules evolve. Calendar reviews for PDPA guidance updates, competition policy shifts, tax changes, and renewal or termination windows in your contracts.

Important note. This guide provides general information and is not legal advice. For advice tailored to your situation in Bueng Kum, Thailand, consult a qualified lawyer.