In brief
Thai regulators are stepping up coordinated enforcement against the sale of dangerous and non‑standard products on digital platforms. A multi-agency collaboration led by the Thailand Consumers Council, together with the Thai Industrial Standards Institute (TISI), the Electronic Transactions Development Agency (ETDA), and the Office of the Consumer Protection Board (OCPB), signals a more proactive and integrated regulatory approach with direct implications for online marketplace operators.
In more detail
Collaborative plan among regulators
According to the Thailand Consumers Council's news announcement, the Thailand Consumers Council, in collaboration with the Thai Industrial Standards Institute (TISI), the Electronic Transactions Development Agency (ETDA), and the Office of the Consumer Protection Board (OCPB), has announced joint efforts to enhance regulatory measures and establish proactive operational guidelines to prevent unsafe and non-standard products from being sold on digital platforms ("Platforms").
During the meeting, the agencies discussed an aligned enforcement approach, including strengthened penalties and clearer regulatory measures, including:
- Mandatory removal or disabling of illegal product listings within 24 hours once identified
- Issuance of warning notices
- Imposition of civil and criminal penalties
- Blacklisting of repeat offenders
The agencies have also discussed the establishment of a joint operational framework under which Platforms are expected to comply with several regulatory measures. Key compliance expectations for Platforms include:
(1) API connectivity with TISI
- Platforms are required to connect their API systems with TISI's database within six months or by August 2026, allowing verification of product certification status prior to items being listed for sale.
- Platforms that cannot complete API integration in time must implement seller identity verification and ensure traceability mechanisms. If a seller cannot be identified in the event of a complaint, a Platform, as an online marketplace, will share liability for any damages incurred by consumers.
(2) Product screening
- Platforms must implement effective product screening measures and immediately suspend the sale of non-standard or dangerous products.
- Platforms are responsible for ensuring that sellers do not list non-compliant products.
(3) Collaboration with TISI
- Platforms must work with TISI to develop a list of prohibited keywords to prevent unauthorized controlled products from being listed.
- Platforms must require sellers to display the TISI certification mark and license number prominently in the first product image to ensure clear consumer verification. Non-compliance could result in fines and imprisonment against sellers.
(4) Suspending sales
- If TISI, OCPB, or ETDA detects potentially illegal products, Platforms must immediately discontinue the sale or disable access to the listings. Legal liability will apply to both the Platforms and the seller where violations occur.
(5) Registration with OCPB
- Platforms classified as direct marketing businesses under the Direct Sales and Direct Marketing Act B.E. 2545 (Direct Sale and Marketing Act) must register with OCPB and provide a security bond.
- Platforms may face legal actions or revocation of business registration if they are found to be negligent in allowing the sale of non-standard products.
Regulator enforcement focus
- TISI: TISI has expanded cooperation with multiple agencies and consumer representatives to remove unsafe products from online marketplaces. Initial enforcement is focused on high-risk electrical products such as hair dryers, power strips, and power banks, followed by other categories, including adapters, electric fans, electrical wires, and helmets. Standards for EV-related products are also to be prepared.
- ETDA: ETDA's regulatory approach focuses on working with Platforms by requiring seller verification through Digital ID and enabling the identification of online sellers. Platforms must also connect their APIs to regulatory agencies' databases for automated product standard checks, and unsafe products must be taken down immediately. Currently, approximately 21 Platforms have reported their information to ETDA, with further cooperation expected.
- OCPB: OCPB has proposed three proactive strategies for this collaboration:
i. Promoting the e-KYM (Know Your Merchant) policy to urgently verify and identify sellers on e commerce platforms
ii. Enhancing electrical appliance standards through technology, with an initial focus on high-risk products such as hair dryers, power strips, and power banks
iii. Advancing Lemon Law legislation to give consumers the right to immediate repair, replacement, or refund when products are defective or unsafe
OCPB has also highlighted legal gaps arising from the definition of Platforms as intermediaries only, with responsibility placed solely on sellers. To improve product safety, laws must be updated to clearly allocate Platform responsibilities to ensure accountability when consumer harm occurs. While penalties exist for Platforms that fail to register under the Direct Sales and Marketing Act, these measures also require amendment to strengthen enforcement.
Implications for digital platforms
As anticipated, multiple government agencies have begun coordinating efforts to regulate the sale of dangerous and non-standard products on Platforms. Given the joint involvement of TISI, ETDA, OCPB, and the Thailand Consumers Council, it is likely that Platforms will face increased and more coordinated enforcement activity across several regulators.
Platforms should therefore proactively monitor these developments and ensure compliance with emerging requirements, including the obligation to establish API connectivity with TISI's database, properly display required certification marks, and closely monitor categories of high-risk products identified by TISI. In addition, Platforms should remain attentive to potential regulatory updates from OCPB, particularly those concerning the proposed expansion of Platform responsibilities, which may impose additional compliance obligations beyond ETDA's existing Platform regulations.
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Pimpisa Ardborirak, Associate, has contributed to this legal update.