Thailand: Implemented Royal Decree on the Operation of Digital Platform Service Businesses including quality of service requirement

On 21 August 2023, the Royal Decree on the Operation of Digital Platform Service Businesses B.E. 2565 (2022) entered into force. The decree requires online platform providers, including search engine services, to notify users of their terms and conditions before or at the time of using the platform. These terms must include details such as service use, suspension, termination, and fee structures. They should also outline the main parameters of the algorithms or criteria used to rank or recommend goods or services, display advertisements, and manage user reviews. Additionally, platforms must disclose how they access and use data collected from the service and provide information on support channels, complaint handling, and dispute resolution processes, including timeframes. There should also be clear criteria for rating goods, services, or content based on user groups and actions to address illegal goods, services, or content. The Decree also grants the Electronic Transactions Development Agency (ETDA) the authority to annually classify certain online platforms as "large digital platforms." This classification generally applies to platforms with an annual gross income of over THB 300 million from services in Thailand or over THB 1 billion from all services, or those with monthly active users exceeding 10% of Thailand’s population. Large platforms are subject to additional obligations, such as conducting risk assessments and implementing risk management and security measures, and may also be required to hold public hearings when amending their terms and conditions. Platforms with unique characteristics may also face additional obligations, as determined by the ETDA.