Tech & Digital

Sector Focus

Tech & Digital

Legal counsel for technology companies, digital businesses, software developers, platform operators, and tech investors in Thailand.

Building and Scaling in Thailand's Digital Economy

Thailand has positioned itself as a digital hub for Southeast Asia — home to a growing startup ecosystem, a significant e-commerce market, and government-backed digital infrastructure investment. For technology businesses, the legal environment presents both opportunity and complexity: foreign ownership restrictions, evolving data protection law, platform regulation, and IP protection all require specialist attention.

Whether you are a founder raising capital, a global technology company entering Thailand, a platform operator managing regulatory risk, or a business acquiring technology assets, we provide legal support that is built around how technology businesses actually operate.

Market Entry & Investment Structure

Software, SaaS, and digital services businesses are frequently caught by the Foreign Business Act when they operate in Thailand — even if the service is delivered online. Getting the structure right from the outset avoids regulatory exposure later.

FBA Analysis & Structuring

Determining whether a technology or digital business requires FBA licencing or BOI promotion — and structuring the Thai entity accordingly. Many digital businesses underestimate their FBA exposure.

BOI Digital Economy Promotion

BOI actively promotes digital economy businesses — including software development, data centres, e-commerce, and digital services — with tax holidays, FBA exemptions, and visa/work permit facilitation.

Startup & VC Structures

Founder agreements, cap table structuring, preference share mechanics, SAFE and convertible note documentation, and investor rights agreements for Thai and international VC investment.

Tech M&A

Acquisitions of Thai technology businesses — IP due diligence, source code escrow, employee retention structures, and earnout mechanics for technology-driven transactions.

Intellectual Property

Intellectual property is the primary asset of most technology businesses — and one of the most frequently mismanaged. Common problems include IP vesting in individual developers rather than the company, unregistered trademarks vulnerable to squatting, and software licensed on terms that create unexpected restrictions.

  • Copyright & Software — Software copyright ownership under Thai law, IP assignment from developers and contractors, open-source licence compliance, and software licensing agreements.
  • Trademark Registration — Filing and managing Thai trademark registrations, handling trademark oppositions, and enforcing rights against infringers — including online marketplace takedowns.
  • Patent Protection — Thai patent filing strategy, protection of software-implemented inventions within Thai patent law constraints, and international patent portfolio management for Thai operations.
  • Trade Secrets & Confidentiality — NDAs, trade secret protection under the Trade Secrets Act, employment clauses to protect proprietary technology, and enforcement against misappropriation.

Data, Privacy & Platform Regulation

Thailand's Personal Data Protection Act (PDPA) has been fully in force since 2022. Technology businesses that collect, process, or transfer personal data of Thai residents must comply — regardless of where the company is incorporated. Platform operators and digital services face additional regulatory obligations.

PDPA Compliance

Privacy policy drafting, consent management frameworks, data subject rights procedures, data processing agreements, and cross-border transfer mechanisms.

Cybersecurity Act

Obligations for critical information infrastructure operators, incident reporting requirements, and engagement with the National Cybersecurity Agency.

E-Commerce & Platform Law

Electronic Transactions Act compliance, platform liability for user-generated content, Electronic Business Operations Act obligations, and consumer protection in online commerce.

Commercial & Employment

Technology businesses depend on well-drafted commercial contracts and well-structured employment arrangements:

  • SaaS & Technology Agreements — SaaS subscription agreements, API terms, enterprise software licences, and technology services agreements — drafted under Thai law or with Thai-specific addenda.
  • Developer & Contractor Agreements — Freelancer IP assignment, software development agreements, agency and contractor classification under Thai labour law, and offshore development team structures.
  • Employee Equity & Incentives — Share option plans, phantom equity, and employee incentive structures for Thai tech businesses — navigating Thai tax and corporate law constraints.
  • Tech Disputes — IP infringement, software ownership disputes, data breaches, contract claims, and online defamation — including Computer Crimes Act exposure.

Talk to Our Tech & Digital Team

From startup formation to platform regulation, we provide legal advice that is grounded in how technology businesses actually work.