In brief
Thailand’s Board of Investment (BOI) has introduced a new requirement for data center projects applying for investment promotion.
In more detail
For applications submitted from 30 March 2026 onwards, developers of new data center projects must obtain written confirmation from the Office of the Energy Regulatory Commission (ERC) confirming that the electricity supply will be sufficiently available to support the proposed data center project. This confirmation must be submitted together with the application for BOI investment promotion.
According to the BOI’s announcement, this new requirement is intended to ensure that the promotion of data center projects is aligned with the readiness of Thailand’s electricity infrastructure, and to support investors in making informed investment decisions.
At this stage, further details regarding the ERC confirmation process — such as application procedures, required documentation, assessment criteria, and indicative timelines — have not yet been issued. Investors planning to seek BOI investment promotion for new data center projects should therefore plan carefully and well in advance to ensure compliance with this additional requirement.
Should you require legal assistance in relation to this new requirement or BOI applications for data center projects in Thailand, please contact our team.
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Chana Sooppipat, Associate, has contributed to this legal update.