Best Technology Transactions Lawyers in Thawi Watthana

About Technology Transactions Law in Thawi Watthana, Thailand

Technology transactions cover the creation, transfer, licensing, and commercialization of technology and intellectual property, including software development, SaaS, cloud services, data sharing, APIs, hardware integration, and joint research. Thawi Watthana is a district in Bangkok, so businesses here operate under Thai national laws and can access Bangkok-based regulators, courts, arbitrators, and professional service providers. Contracts are commonly bilingual Thai-English, electronic contracting is widely used, and cross-border work is routine given Bangkok’s role as a regional hub.

Successful technology deals in Thawi Watthana require attention to intellectual property ownership and licensing, data protection and cybersecurity compliance, tax and foreign business restrictions, and proper dispute resolution planning. Local practice emphasizes clear drafting, careful treatment of personal data, and early planning for regulatory filings or approvals where needed.

Why You May Need a Lawyer

You may need a technology transactions lawyer to protect your rights, reduce risk, and comply with Thai legal requirements in situations such as:

Drafting or negotiating software licenses, SaaS agreements, platform terms, development or outsourcing contracts, escrow arrangements, or support and maintenance terms.

Setting up joint development, research collaboration, or technology transfer with universities, research institutes, or strategic partners.

Structuring data processing agreements, cross-border data transfers, vendor onboarding, and privacy notices to comply with the Personal Data Protection Act.

Addressing open-source software use and compliance in proprietary products and due diligence for investment or M and A deals.

Registering intellectual property and aligning contracts with Thai IP laws, including copyright for software, trade secrets, trademarks, and patents.

Planning tax-efficient royalty structures, handling withholding tax and VAT on digital services, and assessing stamp duty obligations on instruments.

Dealing with sector rules for fintech, telecom, health, or education technologies and obtaining approvals or notifications when necessary.

Managing content takedowns, platform liability, acceptable use, and Computer Crime Act risks.

Choosing governing law, venue, and arbitration clauses that work in practice and are enforceable in Thailand.

Local Laws Overview

Electronic Transactions Act B.E. 2544 recognizes electronic contracts and signatures when a reliable method identifies the signatory and indicates intent. Some instruments still require wet ink or special formalities, so deal teams should confirm the correct signing method before execution.

Personal Data Protection Act B.E. 2562 applies to collection, use, and disclosure of personal data. Core requirements include lawful basis, transparency, purpose limitation, security measures, and data subject rights handling. Breaches that risk rights and freedoms must generally be notified to the regulator within a short period and to affected individuals if the risk is high. The Office of the PDPC issues subordinate rules and guidance, so parties should check the latest notifications.

Computer Crime Act B.E. 2550 addresses unlawful access, interference with data or systems, and platform obligations regarding illegal content. Technology providers should align acceptable use terms, logging, and takedown procedures with this framework.

Cybersecurity Act B.E. 2562 sets requirements for critical information infrastructure operators, including risk management and incident reporting. Vendors to such operators may face contractual security obligations that mirror the act.

Copyright Act B.E. 2537 as amended protects software as a literary work. Ownership generally follows authorship unless assigned in writing. Agreements should clearly assign IP and address moral rights where relevant.

Patent Act B.E. 2522 and the petty patent framework protect inventions and utility models. Technology transfer and improvement rights should be clearly allocated in development or collaboration agreements.

Trademark Act B.E. 2534 as amended governs marks, including licensing and quality control. Recording a trademark license is advisable to support enforcement and continuity of rights.

Trade Secrets Act B.E. 2545 protects confidential business information that has commercial value, is not publicly known, and is subject to reasonable secrecy measures. NDAs and internal controls are essential for protection.

Trade Competition Act B.E. 2560 may impact exclusivity, most favored nation clauses, bundling, and lock-in terms in technology distribution and platform agreements. Restraints should be reasonable and justifiable.

Foreign Business Act B.E. 2542 restricts certain service activities by foreign-majority companies in Thailand unless an exemption or license applies. Cross-border licensing without a local presence is treated differently from operating onshore through a Thai entity. The Board of Investment may grant incentives or exemptions for eligible tech activities.

Revenue Code rules apply to VAT on digital services and withholding tax on royalties and service fees. Nonresident digital service providers may have VAT registration obligations when supplying Thai customers. Tax treaty relief may apply to cross-border payments. Obtain tax advice early to avoid unexpected costs.

Stamp Duty Act requires duty on certain instruments. Unstamped instruments that are subject to duty may face penalties and evidentiary issues until duty and surcharges are paid. Confirm whether your agreement type is subject to duty before signing.

Arbitration Act B.E. 2545 supports arbitration seated in Thailand. Technology contracts often select Thailand Arbitration Center in Bangkok or another recognized forum. Thai courts generally support arbitration agreements and awards under the New York Convention.

Conflict of Laws rules allow the selection of foreign governing law, subject to Thai mandatory provisions and public policy. If performance occurs mainly in Thailand and affects Thai consumers or employees, Thai mandatory law may still apply.

Export control and sanctions compliance can affect transfers of certain software, encryption, or dual-use technology. Thai law on trade controls and international measures should be reviewed for sensitive technology.

Sectoral rules may add obligations. Examples include Bank of Thailand rules for financial services outsourcing and cloud, the Office of Insurance Commission for insurers, the Securities and Exchange Commission for fintech, and the National Broadcasting and Telecommunications Commission for telecom and spectrum matters.

Local practice in Bangkok includes bilingual contracts, notarial services by licensed attorneys, and access to the Central Intellectual Property and International Trade Court for IP-heavy disputes.

Frequently Asked Questions

Are electronic signatures valid on technology contracts in Thailand

Yes, the Electronic Transactions Act recognizes e-signatures if they reliably identify the signer and show intent. Some document types still require wet ink or formalities, so confirm the form requirement for your specific instrument. For high value deals, use a trusted e-sign platform with strong authentication and an execution log.

Who owns intellectual property created under a development or outsourcing agreement

Under Thai law, authors generally own what they create unless there is a written assignment. Your contract should expressly assign all IP, address moral rights where relevant, require delivery of source code and materials, and include contractor warranties of originality and non-infringement. For employees, include clear IP assignment and invention disclosure clauses in employment agreements.

Do I need to register a software or trademark license

Software licenses do not require registration. Trademark licenses can function without registration, but recording the license with the Department of Intellectual Property is advisable because it supports enforcement and helps preserve rights. Ensure your trademark license includes quality control provisions.

What should a data processing agreement include under the PDPA

Key elements include scope and purposes of processing, lawful basis, instructions to the processor, confidentiality, security measures, sub-processor controls, assistance with data subject rights, breach notice obligations, deletion or return of data, and audit rights. Align your notices and consent practices with the agreement.

Can we transfer personal data outside Thailand

Yes, but cross-border transfers must meet PDPA conditions. Options include adequacy of the destination, appropriate safeguards approved or recognized by the PDPC, binding intra-group rules, or specific derogations. Update transfer assessments and contract clauses to reflect the latest PDPC notifications.

What taxes apply to royalties or SaaS fees paid to a foreign provider

Thai law may impose withholding tax on royalties and certain service fees paid from Thailand, and VAT obligations may apply to digital services supplied to Thai customers. Rates and relief can depend on tax treaties and service characterization. Obtain tax analysis before setting pricing and invoicing terms.

Are exclusivity and most favored nation clauses enforceable

These clauses are common but must comply with the Trade Competition Act. Clauses that foreclose competition or impose unreasonable restraints can raise issues. Tailor scope, territory, and duration to what is necessary and document pro-competitive justifications.

How should we handle open-source software in a Thai deal

Perform an open-source audit, identify licenses used, and confirm compliance with attribution, source code disclosure, and copyleft obligations. Address open-source use and approvals in development contracts and ensure your distribution model aligns with license terms.

What dispute resolution approach works best for technology contracts

Arbitration seated in Bangkok with the Thailand Arbitration Center is common for complex or cross-border tech deals. It offers neutrality and confidentiality. For pure IP infringement, court actions in the Central Intellectual Property and International Trade Court may be appropriate. Consider interim relief options in your clause.

Do we need Thai language versions and stamp duty

Thai-English bilingual contracts are practical where performance and enforcement are in Thailand. If you execute only in English, you may need a certified Thai translation for filings or litigation. Some instruments are subject to stamp duty. Confirm duty in advance and arrange stamping to avoid penalties and evidentiary issues.

Additional Resources

Office of the Personal Data Protection Committee

Electronic Transactions Development Agency

Department of Intellectual Property

Department of Business Development

Revenue Department

National Broadcasting and Telecommunications Commission

Thailand Board of Investment

Central Intellectual Property and International Trade Court

Thailand Arbitration Center

Office of the Consumer Protection Board

Next Steps

Define your goals and deal structure. Identify the technology, services, deliverables, milestones, and success metrics. Decide whether this is a license, services engagement, transfer, joint development, or a hybrid.

Map your data and IP. List what personal data will be processed, where it will be stored, and which parties will access it. Inventory existing IP and any third party components, including open-source software.

Assemble documents. Collect term sheets, technical specs, security policies, data flow diagrams, past agreements, and corporate signatory evidence. Prepare bilingual drafts if enforcement or filings may occur in Thailand.

Engage a technology transactions lawyer. Ask for a scoping call to identify regulatory touchpoints such as PDPA, sector approvals, foreign business restrictions, tax, and stamp duty. Request a risk matrix and a negotiation plan.

Select governing law and forum. For Thai performance or consumer facing services, consider Thai law with arbitration in Bangkok. If using foreign law, confirm enforceability and identify any Thai mandatory rules that still apply.

Draft core agreements. Prepare the master services or license agreement, statements of work, data processing agreement, service level agreement, information security addendum, and escrow or source code access terms if needed.

Plan compliance. Implement consent flows, privacy notices, retention policies, incident response, and vendor due diligence. Align your cybersecurity controls with contractual promises and Thai regulations.

Address taxes and invoicing. Confirm VAT treatment, withholding obligations, and any tax treaty positions. Reflect these in pricing, gross up or net of tax clauses, and invoicing instructions.

Execute correctly. Use an acceptable e-sign method or wet ink as required. Arrange stamping if applicable. If documents will be used outside Thailand, plan for notarization and legalization.

Operationalize and monitor. Train teams on contract obligations, track SLAs and data protection duties, and schedule periodic reviews for regulatory updates from the PDPC, ETDA, and other relevant agencies.

This guide provides general information and is not legal advice. For tailored guidance on technology transactions in Thawi Watthana and greater Bangkok, consult a qualified Thai technology transactions lawyer.