Thailand’s Digital Governance Framework

The Electronic Transactions Development Agency (ETDA) under the Ministry of Digital Economy and Society is taking significant steps to enhance transparency and fairness in the rapidly evolving digital landscape. As of January 2024, digital platform business operators, governed by the Digital Platform Service (DPS) Act, must meticulously communicate their terms and conditions (T&C) to users, ensuring a comprehensive understanding of the services provided.

The Director of ETDA, Mr Chaichana Mitrphan, emphasised the importance of this initiative in light of the DPS Act, which mandates that platform services offering goods or services for a fee or functioning as a medium for such transactions must inform users about their T&C. This includes search engine services and those providing location-based information. The goal is to promote transparency, empower users to make informed decisions and safeguard their rights in the digital realm.

This transparency aims to enhance consumer protection, foster trust, and create a level playing field in the digital ecosystem, benefiting consumers and digital platform operators.

Mr Chaichana Mitrphan asserted that the announcement details, outlined in the Office of the Basic Education Commission’s DTAC 4/2023 circular dated August 2023, set forth a comprehensive framework for digital platform business operators to adhere to. The eight essential subjects that must be incorporated into T&C notifications are as follows:

1. Terms of Service, Suspension, or Discontinuance: Communicate the terms of service, conditions for suspension or discontinuation, and any associated service charges.
2. Algorithmic Ranking or Recommendation: Disclose the main factors of the algorithm or criteria employed in ranking or recommending products or services.
3. Advertisement Algorithms: Specify the key factors of the algorithm or criteria used to present advertisements for products or services to users.
4. User Satisfaction and Opinion Evaluation: Communicate the main factors of the algorithm or criteria used to assess user satisfaction and opinions.
5. Accessing and Using Information: Clarify the processes related to accessing and using information obtained from digital platform services by business operators or service users.
6. Channels for Assistance, Complaint Management, and Dispute Resolution: Provide information on channels for assistance, the complaint management process, dispute resolution procedures, and the expected processing time frames.
7. Presentation Levels for Different User Groups: Detail how the platform arranges the presentation of products, services, or content, ensuring appropriateness for each user group.
8. Action Against Illegal Content: Outline the actions taken against products, services, or content considered illegal.

To comply with the DPS Act, digital platform business operators must inform users about these T&Cs starting January 2024. Additionally, they must submit a T&C report and the annual business information notification to ETDA within the stipulated timeframe. Natural persons must do so within 60 days from the end of the calendar year (by February 29, 2024), while juristic persons have the same timeframe from the end of the fiscal year.

The regulatory framework established by ETDA represents a significant stride towards creating a digital landscape characterised by transparency, accountability, and user empowerment. As digital technology continues to evolve, these regulations provide a sturdy foundation for adapting to new challenges and ensuring that the rights and interests of users are safeguarded. By fostering ethical practices and transparency, the framework paves the way for a digital future where users can confidently engage, knowing that their digital interactions are grounded in fairness and integrity.

In the future, the regulatory framework established by the Electronic Transactions Development Agency (ETDA) will likely evolve in response to the dynamic nature of the digital landscape.

The prospective trajectory of the regulatory framework is interwoven with many interrelated factors, each exerting a pivotal influence on the evolution of the digital landscape. Among these determinants, the unceasing progression of technological advancements is an unrelenting force that consistently redefines the parameters of possibility and intricacy within digital platforms.

Integrating emerging technologies, such as artificial intelligence, blockchain, and the Internet of Things, into the digital ecosystem underscores the imperative for regulatory bodies, exemplified by the Electronic Transactions Development Agency (ETDA), to demonstrate adaptability in navigating this ever-evolving landscape.