- 27
- February
Thailand is entering a new era of technology governance — the Ministry of Digital Economy and Society (DE) together with the Electronic Transactions Development Agency (ETDA) has unveiled the country's first AI law draft, aiming to balance innovation promotion with public protection. This article summarizes the key points of Thailand's AI law draft, compares it with international AI regulations, and outlines how organizations should prepare.
Why Does Thailand Need an AI Law?
2026 is the year AI has rapidly penetrated every sector — reports show that over 90% of Thai consumers know about AI and more than 80% use it regularly. At the same time, risks from AI usage have increased significantly, including Deepfakes, biased decision-making, and personal data breaches.
Previously, Thailand had no specific legal framework for AI, relying on the Personal Data Protection Act (PDPA) and other laws not designed specifically for AI. The new draft law aims to:
- Establish a clear regulatory framework — so organizations know what they need to do when using AI
- Protect citizens' rights and freedoms — prevent AI from being used to violate rights
- Promote innovation — avoid over-regulation that stifles development
- Build user confidence — ensure Thai people can use AI safely
Key Points of Thailand's AI Law Draft
The draft law uses a Risk-based Approach similar to the EU AI Act, built on three pillars:
Pillar 1: Deregulation — Removing Legal Barriers
Unlocking legal restrictions that hinder AI adoption, such as copyright exemptions for Text and Data Mining (TDM), which is a critical process for training AI models.
Pillar 2: Promotion — Supporting Development
Supporting AI development through multiple measures:
- Regulatory Sandbox — a controlled environment for testing AI innovations
- Tax incentives — for organizations investing in AI development
- AI Governance Center (AIGC) — a center for consultation and technical support
Pillar 3: Governance — Appropriate Oversight
Governance levels are divided by AI risk:
| Risk Level | Characteristics | Measures |
|---|---|---|
| Prohibited | AI that clearly threatens society, e.g., Social Scoring, citizen ranking | Absolutely prohibited from development and use |
| High-risk | AI in healthcare, finance, justice, employment | Must have risk management systems, legal representative in Thailand, anomaly reporting |
| General risk | General AI that doesn't qualify as high-risk, e.g., Chatbots, product recommendations | Voluntary compliance with best practices |
Specifically for Generative AI
The draft law includes additional criminal penalties for using AI to create obscene content or false information that may impact society or electoral processes, with clear enforcement mechanisms for regulating AI-generated content.
Comparison with International AI Laws
Thailand is not the first country to legislate AI — let's see how other countries have approached this:
| Country/Region | Law | Approach | Status |
|---|---|---|---|
| European Union | EU AI Act | Strict risk-based regulation with heavy penalties | In effect |
| South Korea | AI Basic Act | Asia's first AI law, focusing on policy framework and governance structure | Full enforcement Jan 22, 2026 |
| Thailand | Draft AI Act | Balance between promotion and governance, using both Soft Law and Hard Law | Public consultation phase |
The distinguishing feature of Thailand's AI law draft is its combined Soft Law + Hard Law approach — not as strict as the EU AI Act, but not too lenient either, emphasizing promotion alongside governance.
How Should Organizations Prepare?
Although the draft law is not yet in effect, organizations that start preparing now will have an advantage — both in terms of compliance and credibility.
1. Conduct an AI Inventory
The first step is to know where AI is being used in your organization:
- Customer service Chatbots
- Analytics tools with AI/ML capabilities
- Facial recognition systems
- Generative AI tools used by employees (e.g., ChatGPT, Gemini)
- AI embedded in other software (e.g., ERP, CRM systems)
2. Assess Risk Levels
Categorize AI usage according to the risk levels defined in the draft law:
- High-risk AI? — e.g., AI for credit decisions, employee screening, medical diagnosis
- General-risk AI? — e.g., general-purpose Chatbots, product recommendations, report analysis
3. Develop AI Governance Policies
Create an AI Governance framework within your organization, including:
- AI usage policy — define who can use AI, for what purposes, and within what boundaries
- Review processes — verify that AI operates correctly, without bias or rights violations
- Risk management — assess and manage risks from AI usage
- Issue reporting channels — enable employees and users to report anomalies
4. Prepare Your Data Systems
AI requires quality data — and the law requires that data used to train AI must be auditable. Organizations should:
- Organize data systematically — scattered data across multiple Excel files is hard to audit. ERP systems consolidate data into a single database
- Maintain audit trails — record who accessed, modified, or used data and when (critical under 2FA and data security requirements)
- Comply with PDPA — ensure data used with AI has proper consent and is stored correctly
ERP Systems and AI Compliance
ERP systems are a critical foundation for AI compliance because they consolidate data from all departments into a single system, provide complete audit trails, and support role-based access control — which are fundamental requirements that the AI law mandates for organizations using high-risk AI.
5. Train Your People
The law requires organizations to have "people who understand AI" — they don't need to be developers, but they must understand how AI works, its limitations, and its risks.
Expected Timeline
| Period | Expected Developments |
|---|---|
| 2025–2026 | Public consultation, merging multiple draft bills into a single instrument |
| 2026–2027 | Legislative process, parliamentary consideration |
| 2027–2028 | Expected enactment, with a transition period for organizations to adapt |
Organizations with well-organized data systems, complete audit trails, and AI Governance policies will adapt to the new law much faster than those still managing data in a scattered manner — therefore, implementing an ERP system today is the best preparation for the future.
- Saeree ERP Team
Summary
Thailand's first AI law draft is an important step toward creating a framework for responsible AI use. Organizations that need to prepare the most are those using AI for decisions that affect people's rights — in finance, employment, and healthcare.
5 things to start doing today:
- Survey AI in your organization — conduct an AI Inventory
- Assess risk levels — categorize according to the draft law's criteria
- Develop AI Governance policies — establish internal rules and guidelines
- Prepare data systems — consolidate data with proper audit trails
- Train your people — build understanding of AI and its risks
If your organization is planning to organize data systems and workflows to be ready for the AI law, you can consult our advisory team for free.
