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Thailand Takes a Significant Step Towards AI Regulation with New Draft AI Act (Thailand)

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August 2026

Thailand Takes a Significant Step Towards AI Regulation with New Draft AI Act (Thailand)

Author: Charuwan Charoonchitsathian, Napassorn Lertussavavivat (Co-author)

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Publisher: Nagashima Ohno & Tsunematsu

Journal / Book: NO&T Thailand Legal Update No.49 (August, 2026)

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*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.

Introduction

This Client Alert is based on the draft law released for public consultation as of 9 July 2026. The draft remains subject to public consultation, legislative review, and subordinate regulations; it may change before enactment and should not be treated as a final statement of Thai law.

On 9 July 2026, the Electronic Transactions Development Agency (the “ETDA”) released a new draft artificial intelligence (“AI”) act (the “Draft AI Act”) for public consultation, with comments open until 14 August 2026. If enacted and published in the Royal Gazette, the main provisions would take effect the next day, while Chapters 3, 4 and 5 on risk control, supervision, and serious incidents would have a 180-day transition period, which is relevant for business compliance roadmaps.

Background

At present, Thailand does not have a dedicated law specifically governing the development or use of AI. Instead, AI-related activities are regulated through existing legislation, including the Consumer Protection Act, the Personal Data Protection Act, the Computer Crime Act, and other sector-specific laws and regulations.

In recent years, various Thai government agencies and regulators have also issued both general AI guidelines and industry-specific guidance to promote the responsible development and deployment of AI technologies. However, these guidelines are non-binding and serve only as voluntary best-practice standards without direct legal enforceability.

Introduction of the Draft AI Act

Although this is not Thailand’s first attempt to introduce AI-specific legislation, the Draft AI Act contains several notable developments that were not included in previous drafts. In particular, it introduces provisions aimed at promoting AI innovation and expands its regulatory scope by imposing certain compliance obligations on platform operators and persons disseminating AI-generated content, signaling a more comprehensive approach to AI governance and oversight.

The key features of the Draft AI Act are summarized below:

Topic	Key consideration for businesses
Scope	The Draft AI Act applies to the development and use of AI systems, as well as any activities affecting individuals in Thailand, regardless of whether such activities are conducted within or outside Thailand. This extra-territorial scope means that overseas AI developer or providers offering services to users in Thailand may also be subject to the Draft AI Act.
Regulator	The Draft AI Act does not expressly identify the authority responsible for its implementation and enforcement. Accordingly, it remains unclear which government agency will ultimately oversee the AI Act once it is effective. However, the Ministry of Digital Economy and Society (“MDES”) has been designated as the ministry responsible for the Draft AI Act.
Key stakeholders	The Draft AI Act regulates key stakeholders throughout the AI lifecycle, i.e. AI developer, AI provider and AI deployer, whether on a commercial or non-commercial basis, and AI users. Apart from key stakeholders in AI lifecycle, certain obligations may also apply to (i) persons who upload AI-generated content into a computer system, regardless of whether they created such content themselves, and (ii) platform operators that permit users to share, upload, or otherwise make any content available through their platforms.
AI classification	AI-related obligations follow a risk-based model, with key details to be prescribed in subordinate regulations: Prohibited AI / Serious-Risk AI Certain AI uses may be prohibited or treated as serious-risk AI based on their potential impact and risk profile. AI Subject to Licensing, Registration, or Notification Requirements Certain AI activities may require notification, registration, or licensing if prescribed by subordinate regulations. High-Risk AI High-risk AI systems will be subject to enhanced governance and compliance requirements. The criteria will be prescribed in subordinate regulations. Other Regulated AI Other AI systems remain subject to applicable general obligations under the Draft AI Act.
Sandbox mechanism	To promote AI innovation, the regulator may establish AI regulatory sandbox programs. Participating entities may be allowed to access certain datasets, including personal data subject to prescribed safeguards, and may benefit from regulatory safeguards under sector-specific laws. Participation in the sandbox programs is voluntary and subject to an approval process by the relevant authority.
Data sharing mechanism	The Draft AI Act requires the Big Data Institute (Public Organization) to establish a central data-sharing platform to support AI development. Government agencies are expected to contribute relevant datasets, while private-sector participants may be permitted to access such data subject to prescribed criteria and conditions.
Data localization	The Draft AI Act set out data localization requirements for government agencies and critical information infrastructure (“CII”) organizations. The regulator may designate categories of activities or information that can only be processed using AI systems operating within Thailand. Note: CII organizations are state or private entities that carry out services related to national security, public services, banking and finance, information technology and telecommunications, transportation and logistics, energy and public utilities, or public health. CII organizations will be identified by the National Cyber Security Committee (“NCSC”) and notified of their status.
Controlled AI contracts	AI services procured by government agencies or CII organizations may become subject to mandatory contractual requirements. The regulator may prescribe minimum contractual provisions covering key areas, such as data processing, cross-border data transfers, cybersecurity measures, risk management, and termination rights.
Certification mark	The regulator may establish a voluntary certification mechanism for AI providers and deployers that comply with prescribed AI standards. Such certification may serve as a trust and compliance indicator for AI products and services.
AI supporting services	The Draft AI Act also contemplates certification of designated AI-supporting services, such as AI developing services, that comply with international standards. Unlike AI systems, the Draft AI Act does not currently provide a specific certification-mark for AI-supporting services.
Transparency requirement	In addition to general transparency obligations set out under this Draft AI Act, AI-generated or AI-modified content with prescribed characteristics (for example, deepfakes) must contain machine-readable markers indicating that the content was created or modified using AI. Platform operators are also required to implement mechanisms capable of detecting such machine-readable markers in content shared through their platforms.
Report obligation	Certain AI operators and platform operators are required to prepare and retain annual summaries of compliance with applicable transparency requirements and use them to improve risk-management measures.
Local representative	Offshore high-risk AI providers serving deployers or users in Thailand must appoint a Thailand-based coordinator.
Self-governance guidelines	The regulator may issue self-governance guidelines to promote responsible AI practices. The Draft AI Act also allows AI stakeholders to propose industry best practices for endorsement and publication by the regulator.
Interception power	To prevent serious incidents, the regulator may, with MDES minister’s approval and a court order, access technical documentation relating to AI systems. Such powers may include inspecting, copying, or filtering information from AI systems where relevant to the serious incident under investigation.
Penalty	The Draft AI Act introduces administrative fines of up to THB 5 million for serious violations. In addition to administrative fines, AI providers and AI deployers may also be held jointly liable for damages caused by AI systems, including the costs of preventing or mitigating harm. Courts may also order the temporary suspension of AI services, product recalls, cessation of AI deployment, or the blocking of access to AI platforms by internet service providers.

For more details about this Draft AI Act, or any aspect relating to technologies, media, and telecommunications in Thailand, please contact Charuwan Charoonchitsathian at charuwan.c@nagashima.com, or Napassorn Lertussavavivat at napassorn.l@nagashima.com.

August 10, 2026

This newsletter is given as general information for reference purposes only and therefore does not constitute our firm’s legal advice. Any opinion stated in this newsletter is a personal view of the author(s) and not our firm’s official view. Given the nature of this newsletter as general information, statutory provisions and source citations may have been intentionally omitted. For any specific matter or legal issue, please do not rely on this newsletter but make sure to consult a legal adviser. We would be delighted to answer your questions, if any.

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