TÜRKIYE
Since July 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Presidential Circular on Information and Communication Security Measures No. 2019/12 (Cumhurbaşkanlığından, Genelge, Bilgi ve İletişim Güvenliği Tedbirleri No. 2019/12)
Circular No. 2019/12 provides that data of public institutions and organisations should not be stored in cloud storage services except for the institutions’ own private systems or local service providers controlled by the institutions.
Coverage Cloud computing sector
Sources
- https://web.archive.org/web/20241125195642/https://cbddo.gov.tr/en/presidential-circular-no-2019-12-on-information-security-measures
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.dataguidance.com/notes/turkey-data-transfers
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TÜRKIYE
Reported in 2022, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Complaints on public procurement
It is reported that Türkiye frequently issues regulations that exempt urgent projects and procurements from requirements of the Turkish Public Tender Law, allowing entities to conduct tenders or negotiations on an invitational basis. While these exempted tenders technically are open to foreign as well as domestic firms, it is reported that, in practice, few of these have been awarded to foreign firms unless they were offering goods or services that were urgently needed and not available in Türkiye.
Coverage Horizontal
TÜRKIYE
Since January 2002, as amended in February 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)
According to Art. 63 of the Public Procurement Law, it is possible for contracting authorities to insert provisions to the tender documents indicating that the tender is exclusively open to domestic tenderers.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220303084859/https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4734.pdf
- https://web.archive.org/web/20230318182011/https://dn.gov.ua/storage/app/sites/1/zakupivli/dodatok-3.2_Byuleten-shhodo-vymog-do-provedennya-tendernyh-protsedur-u-Turechchyni.pdf
- https://web.archive.org/web/20250129210214/https://www.mondaq.com/turkey/government-public-sector/1545298/public-procurement-comparative-guide
- https://www2.ihale.gov.tr/english/4734_English.pdf
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THAILAND
Since April 1979
Since April 2002
Since April 2002
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act, 1979 (พระราชบัญญัติคุ้มครองผู้บริโภค - พ.ศ. 2522)
Direct Sales and Direct Marketing Act, 2002 (ขายตรงและตลาดแบบตรงพ.ศ. 2545)
Direct Sales and Direct Marketing Act, 2002 (ขายตรงและตลาดแบบตรงพ.ศ. 2545)
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221220085329/https://www.wipo.int/edocs/lexdocs/laws/en/th/th026en.pdf
- https://web.archive.org/web/20221220113722/http://www2.austlii.edu.au/~graham/AsianLII/Thai_Translation/Direct%20Sale%20and%20Direct%20Marketing%20Act.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=th
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THAILAND
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Thailand has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
THAILAND
Since 2019
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
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 Commerce.
Coverage Horizontal
THAILAND
Since 2001
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Thailand has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
THAILAND
Since January 1956, as amended in March 2006
Since November 2010
Since November 2010
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Commercial Registration Act, 1956 (พระราชบัญญัติ ทะเบียน พาณิชย์ พ.ศ. 2499)
Notification of the Ministry of Commerce regarding Requirements for the Business Operators to Register their Businesses (No. 11), 2010 (ประกาศกระทรวงพาณิชย์ เรื่อง ให้ผู้ประกอบพาณิชยกิจต้องจดทะเบียนพาณิชย์ (ฉบับที่ 11) พ.ศ. 2553)
Notification of the Ministry of Commerce regarding Requirements for the Business Operators to Register their Businesses (No. 11), 2010 (ประกาศกระทรวงพาณิชย์ เรื่อง ให้ผู้ประกอบพาณิชยกิจต้องจดทะเบียนพาณิชย์ (ฉบับที่ 11) พ.ศ. 2553)
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).
Coverage E-commerce sector
THAILAND
Since April 2002, as amended in May 2017
Since November 2018
Since November 2018
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Direct Sales and Direct Marketing Act, 2002 (ขายตรงและตลาดแบบตรงพ.ศ. 2545)
Ministerial Regulation for Product and Service Purchase on Electronic Commerce Platform, Considered not being direct Marketing B.E. 2561 (กฎกระทรวงกำหนดการซื้อขายสินค้าหรือบริการโดยวิธีการพาณิชย์อิเล็กทรอนิกส์ที่ไม่ถือว่าเป็นตลาดแบบตรง พ.ศ. 2561)
Ministerial Regulation for Product and Service Purchase on Electronic Commerce Platform, Considered not being direct Marketing B.E. 2561 (กฎกระทรวงกำหนดการซื้อขายสินค้าหรือบริการโดยวิธีการพาณิชย์อิเล็กทรอนิกส์ที่ไม่ถือว่าเป็นตลาดแบบตรง พ.ศ. 2561)
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.
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.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20220810115717/http://tdsa.org/upload/Download/4.%20For%20Product%20and%20Service%20Purchase%20On%20Electronic%20_B.E.%202561%20_2018_.pdf
- https://web.archive.org/web/20221220113722/http://www2.austlii.edu.au/~graham/AsianLII/Thai_Translation/Direct%20Sale%20and%20Direct%20Marketing%20Act.pdf
- https://web.archive.org/web/20201022180502/http://www.tdsa.org/upload/Download/%E0%B8%81%E0%B8%8E%E0%B8%81%E0%B8%A3%E0%B8%B0%E0%B8%97%E0%B8%A3%E0%B8%A7%E0%B8%87_%E0%B8%81%E0%B8%B3%E0%B8%AB%E0%B8%99%E0...
- https://web.archive.org/web/20230207104346/https://www.tilleke.com/insights/thailand-amendments-direct-sales-and-direct-marketing-act/
- https://www.lawplusltd.com/2018/12/new-rules-direct-sales-direct-marketing/
- https://web.archive.org/web/20231205182343/https://www.tilleke.com/insights/direct-sales-and-direct-marketing-act-new-compliance-obligations-business-operators/
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THAILAND
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
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).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
THAILAND
Since June 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Domain Name Registration Policy 2020 (นโยบายการจดทะเบียนชื่อโดเมน .th และ .ไทย)
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.
Coverage Horizontal
THAILAND
Since June 2007, last amended in January 2017
Since July 2017
Since July 2017
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Computer-Related Crime Act B.E. 2550 (พรบ. ว่าด้วยการกระทำความผิดทางคอมพิวเตอร์ พ.ศ. 2550)
Notification of the Ministry of Digital Economy and Society regarding Procedures, Computer Data Dissemination and Transmission of the Computer Data, 2017
Notification of the Ministry of Digital Economy and Society regarding Procedures, Computer Data Dissemination and Transmission of the Computer Data, 2017
The Computer-Related Crime Act and the Notification of the Ministry of Digital Economy and Society (MDES) establish a safe harbour regime for intermediaries beyond copyright infringement. According to Section 15 of the Computer-Related Crime Act, service providers are not liable of for for the content published if they remove computer data once it has received a notification from the Minister of Digital Economy and Society (MDES) to discontinue the dissemination of these. In addition, the Notification includes the 'Notice and Take Down' procedure to remove the offence's content and the intermediary's liability. This notification allows an individual to submit their notices of online offence to the police or competent officers. After the service provider receives the notification from the Ministry, the competent officer, or court order, they must remove or stop the dissemination of certain content immediately within the given period.
Coverage Internet Service Providers (ISPs)
THAILAND
Since June 2007, last amended in January 2017
Pillar Intermediary liability |
Sub-pillar User identity requirement
Commission of Computer-Related Offences Act, 2007 (พรบ. ว่าด้วยการกระทำความผิดทางคอมพิวเตอร์ พ.ศ. 2550)
According to Art. 26 of the Commission of Computer-Related Offences Act (commonly known as the Computer Crimes Act or CCA), all service providers are required to record users' computer traffic data and store it for 90 days, with the possibility of extending the retention period up to a year if ordered by authorities. In 2019, it was reported that the Thai government requested all coffee shops, including small operators, to retain traffic data of customers using their Wifi for 90 days and to provide that information upon request. This request includes keeping a 'log file' of customers' computer traffic data, including their IP address, full name, ID card number, or passport details. As defined in Art. 3 of the CCA, "Computer Traffic Data", encompasses information related to the communication of a computer system, such as the origin, source, terminal, route, time, date, size, duration, type of service, and other relevant communication details.
Coverage Services sector
Sources
- https://web.archive.org/web/20220807220001/https://www.krisdika.go.th/librarian/get?sysid=766928&ext=pdf
- https://web.archive.org/web/20231208081850/https://www.starbucks.co.th/online-policies/privacy-statement/
- https://web.archive.org/web/20221017054243/https://www.theguardian.com/world/2019/oct/10/thai-cafes-forced-to-track-customers-wifi-use-sparking-free-speech-fears
- https://web.archive.org/web/20241202134821/https://www.straitstimes.com/asia/se-asia/concerns-raised-as-thai-govt-asks-all-coffee-shops-to-keep-data-of-customers-using-wifi
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THAILAND
Since May 2014
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Notification of the NCPO No. 18/2557 (2014) regarding Public Information Dissemination (ประกาศคณะรักษาความสงบแห่งชาติ ฉบับที่ ๑๘/๒๕๕๗ เรื่อง การเผยแพร่ข้อมูลข่าวสารต่อสาธารณะ)
According to the National Council of Peace and Order (NCPO) Notification No. 18/2557 (2014), all types of media services, including both public and private providers in satellite, cable TV, digital TV, and community radio, service providers, newspapers, must monitor their content to prohibit broadcasting or disseminating the following information:
- A criticism of the performance of the NCPO and related persons;
- A confidential information of the state agency;
- An information that creates misunderstanding and inciting conflicts in the Kingdom;
- Threatening to harm any person that could create fear among the public.
- A criticism of the performance of the NCPO and related persons;
- A confidential information of the state agency;
- An information that creates misunderstanding and inciting conflicts in the Kingdom;
- Threatening to harm any person that could create fear among the public.
Coverage Media services
Sources
- https://web.archive.org/web/20190808190329/https://library2.parliament.go.th/giventake/content_ncpo/ncpo-annouce18-2557.pdf
- https://web.archive.org/web/20211208015230/https://www.thairath.co.th/content/426032
- https://web.archive.org/web/20230928085836/https://globalfreedomofexpression.columbia.edu/updates/2015/05/thailand-the-revocation-of-license-to-broadcast-of-peace-tv/
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THAILAND
Reported in 2022, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking and filtering of commercial web content
In October 2020, the Ministry of Digital Economy and Society (MDES) issued an order requiring internet service providers (ISPs) and mobile service providers to block four internet protocol (IP) addresses associated with Telegram, a messaging app widely used by protesters. Although the government has not publicly disclosed the total number of URLs blocked through court orders, the MDES reported that during the first nine months of 2022, it obtained court orders to block approximately 4,735 URLs, including 1,816 URLs containing allegedly offensive content about the monarchy.
Websites have also been blocked on grounds of national security, for gambling content, for alleged violations of intellectual property rights, and for hosting unauthorised virtual private network (VPN) services. In addition to blocking and filtering, content removal reportedly continues under tight government control.
Websites have also been blocked on grounds of national security, for gambling content, for alleged violations of intellectual property rights, and for hosting unauthorised virtual private network (VPN) services. In addition to blocking and filtering, content removal reportedly continues under tight government control.
Coverage Horizontal