ETDA weighs appeals as DPS law moves toward full enforcement

Chaichana Mitrpant, executive director of the Electronic Transactions Development Agency (ETDA), revealed that the Royal Decree on Digital Platform Services Requiring Notification (DPS Law) 2022 has now been in force for more than two years and enforcement will become stricter by the end of 2025.

At present, 1,925 platforms have registered. However, ETDA is still collecting data and addressing legacy issues, particularly cases where information provided by service operators has been inaccurate. 

For example, some foreign platforms claim that, because their headquarters are overseas, they are not obligated to report revenues earned in Thailand. 

To tackle this, ETDA is developing stricter verification methods, such as analysing market value, market share and types of services in Thailand, to cross-check the accuracy of reported data.

Chaichana noted that law enforcement in the digital services sector also faces challenges stemming from long-standing disputes. 

A prime example is the ongoing conflict between riders and ride-hailing platforms, which has persisted for over a decade without clear resolution. 

Issues range from non-transparent job allocation systems and unclear fee structures to concerns over the safety standards of platform-based taxi services.

In response, ETDA has issued regulations requiring platform-based taxis to comply with the same rules as conventional taxis. This includes registration, background checks, driving licence verification and vehicle inspections, with platforms responsible for initial screening. The system is being developed and will be enforced in practice soon.

Meanwhile, on cross-border e-commerce, ETDA is working with the Department of Foreign Trade under the Ministry of Commerce to curb the influx of cheap, low-quality goods. 

A new regulation requires platforms dealing in high-risk products, such as items that should carry Thai Industrial Standards (TIS) or FDA certification, to establish clear product verification systems. 

Currently, 19 platforms have been placed on the high-risk list, with three more to be added by the end of this year.

ETDA weighs appeals as DPS law moves toward full enforcement

Some platforms have filed appeals, seven so far, arguing that they do not fall within the law’s criteria or disputing their designated obligations. In several cases, services claimed to be “sharing platforms” while in practice providing commercial functions. 

Chaichana Mitrpant said this shows the need for continued refinement of platform classification and screening. Appeals are now under review, but if rulings are upheld, all qualifying platforms will be required to comply with the law equally.

He added that ETDA is studying international models of regulation, particularly the European Union’s Digital Services Act (DSA) and Digital Markets Act (DMA), to adapt them to Thailand’s context. The agency is also examining frameworks from Singapore, Australia, Canada and other ASEAN members.

At the regional level, Thailand is working with Laos on a joint survey of platform regulation across ASEAN. Results are expected by the end of 2025, with the aim of creating shared guidelines to harmonise oversight and strengthen the region’s bargaining power when negotiating with global platforms.

The challenges facing platforms are similar worldwide, ranging from misinformation and deceptive advertising to consumer rights violations.// 

ETDA believes that a united regional approach would be far more effective in pushing platforms to comply with rules than individual national efforts.

The DPS law and its full enforcement framework will take effect on December 31, 2025, with the goal of ensuring digital services in Thailand are safe, transparent and accountable, while supporting the long-term growth of the country’s digital economy.