Thailand moves to close data centre regulatory gap

The government is moving to address a regulatory gap in the data-centre sector, with the Data Centre Business Policy Committee preparing an urgent meeting to develop a coordinated oversight framework.

A source at the Office of the National Broadcasting and Telecommunications Commission (NBTC) said Thailand currently had no single law directly and comprehensively governing every aspect of data-centre operations.

Regulatory powers are instead divided among agencies responsible for construction and buildings, electricity use, factory operations, investment promotion, communications systems and data transmission.

“Data centres now involve a large number of ministries because Thailand still has nothing that directly regulates them as data centres,” the source said. “They therefore do not fall entirely under any one ministry.”

The planned meeting of the committee, also known as the Data Centre Board, will consider how the powers of the relevant authorities can be coordinated to create a more systematic regulatory structure.

DES Ministry lacks comprehensive authority

Data centres are a key part of the digital economy’s infrastructure and play a direct role in storing and processing information. However, no law currently gives the Ministry of Digital Economy and Society comprehensive authority over the entire business.

The powers most directly related to the ministry concern communications systems and data transmission. Other parts of a data-centre project remain subject to the laws and oversight of the agencies responsible for construction, electricity supply, factory operations and investment promotion.

This means the ministry cannot act as a single regulator for the sector under the existing legal structure.

NBTC count does not show sector’s full size

The NBTC already has the power to issue telecommunications business licences for data-centre services that qualify as telecommunications activities.

As of July 27, 2026, a total of 26 entities held licences covering data-centre services. Of these, 23 held Type 1 telecommunications business licences and three held Type 3 licences.

Further applications remained in progress, including cases awaiting formal signatures on licences and others undergoing document checks.

The NBTC figures cannot, however, be used to determine the total number of data centres in Thailand. Its licences cover only the parts of their operations that fall within the commission’s telecommunications jurisdiction.

Establishing and operating a data centre may also require separate approvals for electricity use, construction, factory operations and investment promotion from the Board of Investment (BOI), depending on the individual project.

Operators may also need permission to store fuel for backup power systems.

Permit packages differ by project

The combination of licences and approvals required for each data centre depends on the project’s format, scale and activities, the source said.

Some projects may require electricity approvals, BOI investment promotion and an NBTC licence. Others may not meet the conditions requiring one or more of those permissions.

No single licence can therefore be treated as proof that a data centre has obtained every approval required for all parts of its operation.

The regulatory status of each project must instead be assessed against all applicable laws and licensing requirements.

Backup fuel requires individual checks

Fuel storage for backup power systems is one area requiring particular scrutiny because data centres need an alternative electricity supply to maintain operations during power failures.

Operators must obtain permission from the relevant energy authorities when the quantity of stored fuel meets thresholds prescribed by law. According to the source, permit requirements can apply even to volumes in the tens of thousands of litres.

Compliance must therefore be checked individually at each data centre, including whether the operator has obtained the necessary permission, the volume of fuel being stored, and whether the installation and storage site meet regulatory requirements.

Policy board to coordinate the system

The Data Centre Board is intended to bring together agencies responsible for physical infrastructure, energy, water, town planning, safety, the environment and communications systems.

Until now, each authority has regulated only the matters assigned to it under its own laws, although data centres span several regulatory areas and affect the country’s infrastructure.

The Cabinet approved a draft Prime Minister’s Office regulation governing the Data Centre Business Policy Committee on August 5, 2026.

Under the draft, a deputy prime minister designated by the prime minister will chair the committee. The Digital Economy and Society Minister, Interior Minister and Energy Minister will serve as its first, second and third deputy chairs, respectively.

Source: Bangkokbiznews