Skip to main content

Online Marketplaces Under Watch: Introduction of New Regulations

  • Articles

Online Marketplaces Under Watch: Introduction of New Regulations

On 4 July 2025, several years after enactment of the Royal Decree on Digital Platform Services Businesses Subject to Prior Notification B.E. 2565 (2022) (“Royal Decree”), the Electronic Transactions Development Agency (“ETDA”) issued four official subordinate regulations. These regulations apply to large-scale digital platform service operators, including both domestic and overseas platforms that provide services to users in Thailand.

Overview of the new ETDA notifications

  1. Notification on the Designation of Online Marketplace Operators1
  2. Notification on Additional Measures for Online Marketplace Operators2
  3. Notification on the Designation of Ride-Hailing Service Platforms3
  4. Notification on Additional Measures for Ride-Hailing Operators4

This article focuses on the first two notifications, which obligate online marketplace operators to enforce product compliance and ensure consumer protection. The Notification on Additional Measures for Online Marketplace Operators will take effect on 31 December 2025.

I.    The ETDA’s list of Regulated Online Marketplace Platforms under the Notification on the Designation of Online Marketplace Operators

The ETDA has identified 19 online marketplace platforms (“Marketplace Operators”) that qualify as online marketplaces with significant potential impact. This list will be reviewed and updated annually, as many other online marketplace platforms remain under review by the ETDA.

The ETDA’s current list of Marketplace Operators includes:

1.  Shopee

11.  Thisshop

2.  Lazada

12.  Rakmao

3.  One2car.com

13.  Taobao

4.  Grab

14.  SCGHome

5.  Kaidee.com

15.  ONESIAM Application

6.  SIA E-AUCTION SYSTEM

16.  ReadyPlastic Auction

7.  LINE Shopping

17.  ROOTS platform

8.  Alibaba

18.  TEMU

9.  Nocnoc

19.  eBay

10.  AliExpress

 


II.    Obligation to Collect, Verify, and Report Seller Information

Marketplace Operators must collect and verify information about sellers on their platforms prior to allowing a seller to sell or advertise products subject to mandatory product standards (“Regulated Products”), such as those governed by the Thai Industrial Standards Institute (TISI) and Food and Drug Administration (FDA).

The information gathered from each seller must include the seller’s name, address, phone number, email, bank account, and other information required by law. The seller also must certify that it will sell and advertise the Regulated Products in accordance with the law, via self-certification

After receiving the information, the Marketplace Operators must verify whether or not the information is accurate, using the official government database or credible documentary evidence. Marketplace  Operators also are required to cooperate with regulatory authorities (e.g., TISI, FDA) and share the seller information, upon request, if violations occur.
Marketplace Operators must also report the following information to the ETDA every year:

  1. the number and proportion of Regulated Products offered on the platform;
  2. the number and proportion of sellers offering Regulated Products on the platform;
  3. the number of products or sellers whose services have been terminated; and
  4. the number and proportion of complaints that relate to Regulated Products

III.    Enforcement Through Marketplace Terms and Conditions

Rather than imposing direct obligations on sellers, the regulations require Marketplace Operators to enforce compliance indirectly through their terms and conditions. For example, the terms must include :

  1. Requirements that sellers provide product certifications or licenses (e.g., from the TISI or FDA) for both imported goods and goods manufactured in Thailand
  2. Prohibitions of restricted goods, such as medicines (excluding household medications) and counterfeit products or products that infringe IP rights
  3. Penalties for violations, including suspension of product listings and termination of service. Market Operators must also specify and impose the maximum penalty under their platform’s terms of service, such as blacklisting sellers from the platform, for repeated violations.

IV.    Disclosure of Complete Information About Regulated Products 

Marketplace Operators must ensure that sales listings and advertisements for Regulated Products display the required information clearly and accurately, for example, the product name, image, key description information, product standard certification marks (e.g. TISI, FDA), and registration, certification, or license numbers.

V.    Notice and Takedown Mechanism to Regulate Violations Involving Regulated Products

The notifications also require Marketplace Operators to establish a notice and takedown mechanism whereby users can notify the platform of suspected violations. Upon receipt of a notice, Marketplace Operators must notify the relevant seller promptly and temporarily suspend the display of the Regulated Products until after the investigation is complete.

This newsletter is intended merely to provide a regulatory overview and is not intended to be comprehensive, or to provide legal advice. Should you have any questions on this or any other areas of law, please do not hesitate to contact:

Nuttaros Tangprasitti 
Partner

Sarinee Kaewpradit 
Associate

Authors

ナッタロス・タンプラシ

Nuttaros Tangprasitti specialises in corporate and commercial law. She regularly assists both international and domestic corporate clients (limited liability companies and partnerships, stock corporation in several industries) on the relevant laws of Thailand, which includes foreign direct investment, legal due diligence, M&A and cross-border M&A, joint venture, compliance, banking and finance. In addition to supporting clients on the above and a multitude of different legal formalities, she also has expertise in advising on various investment promotion policies of the Board of Investment (BOI), as well as compliance with foreign business, other laws on salient points for shareholders and joint venture agreements, which includes laws on immigration and foreign work under Thai law. Nuttaros speaks at many seminars and takes an active role in educating the clients on issues relevant to their businesses and her practice areas. She also writes various articles and newsletters on cutting-edge topics in several legal areas, which are widely distributed to existing and potential clients. Nuttaros aims to ensure the lawyers on her team are constantly developing and upgrading their skills, to ensure they meet or exceed the high professional standards of Nishimura & Asahi. She is committed to ensuring that both she and our firm deliver top-quality services to our clients and strong internal support for our colleagues. She recently began drafting a manual on several aspects of Thai law, as part of an “Investment promotion scheme,” and also wrote several newsletters on corporate law, and banking and finance laws. She also recently authored an article on the impact of Tax Reduction for Land and Buildings, which received excellent feedback from our clients, particularly those who are land and building owners. Nuttaros is committed to building a strong and progressive corporate and commercial practice, which also incorporates tax law, by adapting to new ideas in the legal industry.