Thailand has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Thailand has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Thailand has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

According to the Domain Name Registration Policy 2020, the domain name ".co.th" is designed for business entities registered with the Department of Business Development in Thailand, state enterprises, or any person who registered the Value Added Tax with the Revenue Department in Thailand. In addition, according to Section 2 of the guidelines, the domain name holder can be a foreigner who holds a registered trademark with the Department of Intellectual Property (DIP) in Thailand. However, foreign juristic persons or trademark owners must appoint an agent to hold rights in a domain name on their behalf.

The Consumer Protection Act 1979 and the Direct Sales and Direct Marketing Act 2002 provide a comprehensive framework for consumer protection that also applies to online transactions.

It is reported that no compulsory assessment procedure is in place to certify electronic products.

According to Clause 5 of the Ministry of Commerce's Notification (No. 11) 2010, a website that includes the transaction of goods and services must register the 'E-Commercial Registration' under the Commercial Registration Act 1956 (amended by the Commercial Registration Act (No. 2) in 2006). Therefore, the electronic businesses operating in the internet system, service providers, web hosting, e-marketplace, or platform (for example, Lazada, Shopee, etc.) are required to register with the Department of Business Development (DBD). In addition, the DBD registration is valid for five years. Also, ordinary persons and juristic persons engaged in e-commerce businesses without commercial registration are considered to be in violation and shall be subject to a fine penalty as stipulated. Furthermore, foreign companies are required to submit additional documents for registration, including a copy of the company registration, an appointment of operation in Thailand, work permits, and a foreign business license or document certificate (if any).

The Direct Sales and Direct Marketing Act requires businesses that engage in direct sales/marketing to register with the Office of the Consumer Protection Board (OCPB). The definition of "direct marketing" has been amended to include e-commerce transactions. Business operators who fail to register as required will be punishable by a fine, imprisonment, or both.
In accordance with the provisions of the Act, the criteria for registering in the field of direct selling involve the following conditions: (i) the business entity must be structured as a partnership with a minimum registered capital of 500,000 Thai Baht (approx. USD 16,000), or alternatively, it can be a limited company or a public limited company with a minimum registered and paid-up capital of 1,000,000 Thai Baht (approx. USD 32,000); (ii) it is mandatory for direct selling operators to share joint and several liability with consumers who make purchases of goods or services through their independent distributors.
The conditions for registering and marking in the field of direct selling encompass the following: (i) applicants are obligated to furnish a guarantee to the registrar in an amount specified by the Ministerial Regulation, along with the preparation of a purchase and sale document in the Thai language; (ii) applicants must not have had their registration revoked in the five years leading up to the application submission, and the individual responsible for the operations must also not have faced a revocation during that period.
In addition, the Ministerial Regulation 2018 provides a list of activities which are not considered direct marketing, which include (i) a natural person who has not registered as a direct marketing operator and earns no more than 1,800,000 Thai Baht (approx. USD 50,000) per year from selling products or services through an electronic commerce platform; (ii) a small and medium-sized enterprise that legally registers in accordance with Small and Medium Enterprises Promotion Law; (iii) a community enterprise and their networks which legally register in accordance with the Community Enterprise Promotion Law; (iv) the cooperatives and the group of farmers who legally register in accordance with the Cooperatives Law.

List 3 of the Foreign Business Act includes industries in which "Thai nationals are not yet ready to compete with foreigners". These are open to foreign investors provided they receive a licence from the Director-General of the Department of Business Development of the Ministry of Commerce and approval from the Foreign Business Committee. A wide range of businesses are covered under List 3, including advertising businesses. A foreign company can engage in List 3 activities if Thai nationals hold a majority of the limited company’s shares. Any company with a majority of foreign shareholders (more than 50%) cannot engage in List 3 activities unless it receives an exception from the Ministry of Commerce under its Foreign Business License application.

According to the Notification of the National Broadcasting and Telecommunications Commission regarding Criteria, Procedures, and Conditions for Digital Television Services Licensing 2013, any person who wishes to operate a digital television program must obtain a digital television license by qualifying and paying the fee. In addition, after receiving the license, a person shall be entered into the process of digital television channel auction as prescribed in the NBTC Notification 2013 regarding the auction.

Cloud computing services typically do not require a telecommunications license. However, when such services utilise a leased line network to connect users to the cloud infrastructure, they are categorised as telecommunications services. Consequently, providers must obtain a Type 1 license, as prescribed by the National Broadcasting and Telecommunications Commission (NBTC) under the Telecommunications Business Act. This requirement is outlined in Agenda 4.24 of the National Telecommunications Commission (NTC) meeting No. 38/2013.

According to Section 6 of the Radio Communication Act, any persons who wish to import radio communication devices or any ancillary devices into the Kingdom are required to obtain a license. The telecommunications devices required to obtain a license include: radio modems, base stations, cellular repeaters, antennas, FM transmitters, and GPS tracking devices, among others. According to Section 9, the import license is valid for 180 days after issuance, and those who violate the law shall be liable to a fine, imprisonment, or both. The "Notification of the National Broadcasting and Telecommunications Commission on Criteria and Procedures for Granting A Permit to Manufacture, Import, Sell, or Offer for Sale or Install Receiver, Apparatus or Device Enabled for Receiving or Decoding Signals to Receive Programs of the Subscription Broadcasting Business B.E. 2555" includes the requirements that the importers must follow, including fee payment and document preparation.

According to the Ministry of Commerce's Notification regarding 3D Printing Machines as a Product Subjected to Import Requirements 2016, importers of 3D printing machines must be registered with the Department of Foreign Trade under the Ministry of Commerce. In addition, they are also required to notify the importation, possession, disposal, and balance of these products twice a year (in June and December). Moreover, the importers must report this information to the Customs Department.

It is reported that Thailand’s provision of incentives to customs officials who initiate investigations or enforcement actions creates conflicts of interest and encourages customs investigations for personal financial gain. Foreign companies report concerns about corruption and the cost, uncertainty, and lack of transparency associated with the customs penalty/reward system. Foreign stakeholders also have expressed concern about the country's inconsistent application of the transaction valuation methodology, as well as the repeated use of arbitrary or fictitious values by the Customs Department.