Following our previous newsletter, on 21 August 2023, the Royal Decree on the Operation of Digital Platforms, which are Subject to Prior Notification B.E. 2565 (“Royal Decree”), came into full effect. Existing business operators are required to comply with certain obligations, such as:
- For full-form notification, platforms are required to notify the ETDA by 18 November 2023.
- For short-form notification, platforms are required to notify the ETDA by 20 August 2024.
- Revisit the terms and conditions to ensure that it contains the prescribed details (if applicable).
- Designate a local coordinator (if applicable to offshore platforms).
We would like to highlight that a set of sub-regulations under the Royal Decree has also been issued, which could change the analysis based solely on the Royal Decree. Please revisit to determine if your platform would be affected by these sub-regulations.
For example, the sub-regulations have listed the type of regulated platforms such as online marketplace, car sharing, knowledge sharing, labor sharing, space sharing, online communication, communication commerce, social media, social commerce, cloud service, hosting service, online advertising service, maps, web browser, virtual assistance, news aggregators, audio-visual and music sharing, searching tools, operating system, internet service.
Sub-regulations also cover the notification form, the calculations of average monthly active users, platforms that would be subject to short-form notification (if it has web boards, hyperlinks, banners, etc.), required details of terms and conditions (including changes to the terms and conditions), and remedial measures for cessation of the digital platform business.
The notification system also includes names of onshore and offshore digital platforms as samples of regulated platforms.
As the deadline for full-form notification is approaching, now is a good time to start the preparation of the full-form notification.
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