Thailand's Competition Law Landscape: Key Developments in Q3 2025
The Trade Competition Commission of Thailand (“TCCT“) has focused its attention on the markets that are more likely to be affected by anticompetitive actions, especially in the e-commerce sector. In the third quarter of 2025, TCCT disclosed the draft “Guidelines for Considering Unfair Trade Practices and Actions that Monopolise, Reduce Competition, or Restrict Competition in Multi-Sided Platform Businesses, Digital Service Platforms for Buying and Selling Goods or Services (E-Commerce)” (“Draft Guidelines“) for public hearing. The Draft Guidelines were released for public consultation from 19 August until 18 September 2025, and TCCT organised a separate hearing on 12 September 2025, where more than 200 stakeholders, including business operators, platform providers, sellers, and legal consultants participated.
The Draft Guidelines are designed to articulate a cogent regulatory scheme for the interpretation and application of the Trade Competition Act B.E. 2560 (2017) (“TCA“) to digital platforms. This will encompass both price-related and non-price-related practices. Input from the hearing sessions will facilitate the fine-tuning of these guidelines, thereby ensuring their practicality and relevance for businesses.
Separately, TCCT has circulated draft amendments to the TCA which extend its scope to include cross-border activities which influence Thai consumers and introduce new and enhanced law enforcement. The introduction of mediation and settlement as alternative methods of dispute resolution for the resolution of competition-related issues has been proposed for the consideration of businesses. Companies operating in Thailand or conducting trade with Thailand should keep in mind that trade deals made in other countries could be caught by the TCA if they affect domestic Thai consumers.
TCCT’s commitment to updating laws, regulations, and policies to tackle the emerging competition problems is evidenced in these measures. Businesses should review their practices in light of these changes to ensure compliance and mitigate regulatory risks.
For more information, click here to read our Legal Update (pages 19-20).
Regulatory Updates on Alcohol Advertising under the Alcoholic Beverages Control Act (No. 2), B.E. 2568
On 9 September 2025, the Alcoholic Beverages Control Act (No. 2), B.E. 2568 (“Amendment of the ABCA“) was officially published in the Royal Gazette. The Amendment of the ABCA takes effect 60 days after its publication (on 8 November 2025).
The Amendment of the ABCA signals the imposition of stricter regulatory control on alcohol marketing in Thailand. While certain provisions leave room for interpretative clarification, businesses in the alcohol industry and their partners (e.g. partnerships through events, sponsorships, or cross-branding) should not delay in reassessing their advertising, promotional, and corporate social responsibility activities.
Proactively reviewing and updating internal policies and procedures will be essential to prepare for potential compliance obligations and minimise legal risks once the Amendment of the ABCA comes into effect.
For more information, click here to read our Legal Update.
Thailand's SEC Enacts Amendment for Tokenised Carbon Reduction Instruments
On 1 September 2025, Thailand’s Securities and Exchange Commission (“SEC“) has taken a significant step toward advancing Thailand’s green economy, which is in line with the policy of achieving carbon neutrality and net zero greenhouse gas (“GHG“) emissions, by enacting the Notification of the SEC No. GorThor. 17/2568 regarding rules, conditions, and procedures for operating digital asset businesses (No. 29) (2025) (“SEC Notification on Tokenised Carbon Reduction Instruments“).
The SEC Notification on Tokenised Carbon Reduction Instruments allows licensed digital asset exchanges, brokers, and dealers (“Licensed Operators“) to offer, trade and provide services related to tokenised carbon reduction instruments, including carbon credits, renewable energy certificates (“RECs“), and carbon allowances (collectively, “Carbon Reduction Instruments“).
The SEC Notification on Tokenised Carbon Reduction Instruments defines each of the Carbon Reduction Instruments as follows:
- Carbon credits: The amount of GHG emissions reduced from the implementation of GHG reduction activities, which have been certified and recorded in the registry system of the organisation that owns the carbon credit certification standard.
- RECs: A certificate that demonstrates ownership of the energy attribute of electricity generated from a specific type of renewable energy.
- Carbon allowances: A right that represents the quantity of GHGs allocated to be emitted, not exceeding the legal limit, in order to achieve the objective of reducing GHG emissions.
Licensed Operators seeking to offer Tokenised Carbon Reduction Instruments are required to seek prior approval from SEC and comply with the following requirements:
- Implement effective standards governing the listing and delisting of Tokenised Carbon Reduction Instruments to ensure transparency and market integrity;
- Establish systems that provide sufficient and accurate information regarding the Tokenised Carbon Reduction Instruments offered; and
- Conduct operations in accordance with the authorised conditions.
Singapore and Thailand Sign Implementation Agreement on Article 6 Carbon Credits
On 19 August 2025, Singapore signed its first Implementation Agreement on carbon credits collaboration under Article 6 of the Paris Agreement with an Association for Southeast Asian Nations (ASEAN) country, namely Thailand (“Implementation Agreement“).
Key features of this Implementation Agreement are as follows:
- Creation of a framework for the generation and transfer of carbon credits from carbon mitigation projects aligned with Article 6 of the Paris Agreement.
- Correspondingly adjusted carbon credits authorised under this Implementation Agreement may be used for various purposes, such as:
- to offset up to 5% of a company’s taxable emissions under Singapore’s International Carbon Credits (ICC) framework from 1 January 2024, subject to eligibility; and
- to comply with binding mandates such as Nationally Determined Contributions (NDCs) and other international mitigation purposes, e.g. the requirements under the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA).
- Singapore has committed to channelling the value equivalent to 5% share of proceeds from authorised carbon credits towards climate adaptation measures in Thailand.
- As a contribution towards a net reduction of global emissions, Singapore is committed to having 2% of the correspondingly adjusted carbon credits authorised under this Implementation Agreement cancelled at first issuance. These carbon credits that are cancelled cannot be sold, traded, or counted towards any country’s emission targets.
For more information, click here to read our Legal Update.
Thailand Launches TouristDigiPay Sandbox to Facilitate Tourist Spending
Thailand’s Securities and Exchange Commission (“SEC“) has launched the TouristDigiPay sandbox that enables tourists to convert digital assets, such as cryptocurrencies (e.g. Bitcoin, Ethereum), into Thai Baht for use via regulated e-money wallets.
Although SEC still bans licensed digital asset operators from facilitating direct payments for goods or services with digital assets, TouristDigiPay offers secure conversion via licensed operators (e.g. digital asset exchanges, digital asset brokers, digital asset dealers). Tourists must undergo identity verification (Know-Your-Customer/Customer Due Diligence (KYC/CDD)) in compliance with the anti-money laundering (AML) requirements, after which their digital assets are exchanged for Thai Baht and deposited into e-money wallets regulated by the Bank of Thailand (BOT). These wallets can be used for quick reaction (QR) code-based payments at merchants nationwide.
To manage money laundering risks, spending limits are set at (i) up to THB50,000/month for small vendors; and (ii) THB500,000/month for Know-Your-Merchant (KYM) verified vendors. Tourists may reconvert Thai Baht back into digital assets in the amount not exceeding the original value of the digital assets exchanged.
Project participants must obtain SEC approval prior to commencing this service. Interested digital asset business operators may submit a TouristDigiPay application until 26 December 2025.
SEC is amending relevant regulations for the TouristDigiPay initiative, with an official launch expected in Q4 2025.
PDPC Office Announces Five PDPA Non-Compliance Cases
On 1 August 2025, the Office of the Personal Data Protection Committee (“PDPC Office“) announced proactive enforcement actions under the Personal Data Protection Act B.E. 2562 (2019) (“PDPA“). Administrative fines were imposed on both government and private entities for failing, among others, to: (i) implement adequate data security measures; (ii) notify the PDPC Office of data breaches; and (iii) appoint a Data Protection Officer (“DPO“) where required. The total amount of fines imposed across the five cases was THB21.5 million.
Five Enforcement Cases
- Government Agency: A web app breach exposed the data of 200,000 individuals, which was later sold on the Dark Web. Weak passwords, lack of risk assessments, and the absence of a Data Processing Agreement led to fines of THB153,120 each for the agency and its system developer.
- Private Hospital: A small family-run business, acting as a data processor, mishandled the destruction of 1,000 sensitive medical records, some of which were found repurposed as bags for ‘Kanom Tokyo’, a popular Thai street snack. The hospital was fined THB1,210,000, and the family business THB16,940.
- Electronics Retailer: Failure to implement adequate security measures, report a data breach, and appoint a DPO resulted in a fine of THB7 million.
- Cosmetics Company: Inadequate security measures and failure to report a data breach led to a fine of THB2.5 million.
- Toy Company: Poor security practices resulted in fines of THB500,000 for the company and THB3 million for its data processor.
Key Takeaways
These cases underscore the PDPA’s emphasis on robust data protection, timely breach reporting, and proper DPO appointment. Organisations must ensure that third parties handling data on their behalf comply with PDPA requirements and that oversight mechanisms are effectively implemented. Non-compliance carries significant legal and reputational risks.
Looking Ahead
The PDPC Office is currently reviewing a large number of additional cases and will continue to take strict enforcement. It urges all sectors to prioritise data protection as a shared responsibility, aiming for “zero data breaches” nationwide.
For more information, click here to read our Legal Update.
The New BOI Notification Por. 8/2568: Implications for Expatriate Employment in Thailand
In June 2025, the Thailand Board of Investment (“BOI“) issued Notification No. Por. 8/2568 (“Notification“), introducing new criteria for the consideration of position approval, placement, and extension of expatriates. The Notification represents a significant regulatory shift, particularly for BOI-promoted companies in the manufacturing sector.
One of the most notable changes is the introduction of a foreign employment ratio applicable to BOI-promoted manufacturing companies. The ratio is triggered only when the enterprise employs more than 100 individuals in total, regardless of nationality.
- Enterprises with fewer than 100 employees are exempt from complying with the ratio.
- Enterprises with more than 100 employees must ensure that at least 70 percent of their workforce are Thai nationals, thereby limiting foreign employees to a maximum of 30 percent.
The Notification also provides for minimum salary thresholds for expatriate positions, among others.
For companies with BOI certificates issued after 5 June 2025, the new provisions on expatriate employment took effect on 1 October 2025. For all BOI-promoted companies, irrespective of the date of issuance of the BOI certificate, the new provisions on expatriate employment become fully effective on 1 January 2026.
For more information, click here to read our Legal Update.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice
