Digital Law for Economic and Social Development: A Comparative Study of Laws in the Asia-Pacific Region

The study titled “Digital Law for Economic and Social Development: A Comparative Study of Laws in the Asia-Pacific Region” aims at studying origin of the digital laws for economic and social development; essence and extent of enforcing the digital laws; analyzing and comparing content and extent of enforcing the digital laws between Thailand and other countries in Asia-Pacific region i.e. Australia, Singapore, Malaysia and Vietnam; problems and constraints of enforcing the digital laws as well as analyzing impact of enforcing the digital laws among Thailand and such 4 countries. The Qualitative Research by various means of data collection was used i.e. document research, in-depth interview and focus group discussion among the target group i.e. qualified people relating or having role in issues in connection with the digital laws for economic and social development of Thailand and such foreign countries in order to acquire complete information for further analysis and suggestions for developing the digital laws of Thailand.

The research found that 1) Thailand earnestly initiated to drive digital economy under Digital Development for Economic and Social Development Act B.E. 2560 (2017) to supervise economic and social activities utilizing digital technology for creating confidence, safety and fairness, promote use of digital innovation for escalating economy, society and people’s quality of life. Although Thailand has comprehensive foundation of the digital laws, improving and updating them are recommended in line with international standards and for changing digital economy in the future;

2) Comparison of the digital laws among Thailand and other 4 countries divided into 4 categories i.e. the electronic transactions and digital assets; the cybersecurity and data protection; the frequency and telecommunication and the digital government. The electronic transactions and digital assets category: Thailand has related laws but separated from financial system. Meanwhile, Singapore and Australia have integrated license system. The cybersecurity and data protection category: Thailand has similar-GDPR law but being lack of strong enforcement mechanism. Meanwhile, Singapore and Australia have actual-powered independent agency. The frequency and telecommunication category: Thailand is lack of economic strategy in the same level of Singapore and Australia. The digital government category: Thailand has definite regulatory framework including digital authentication system but being lack of its interconnection of information. In summary, Thailand classified in “Medium” level of the Asia-Pacific region, has completely provided fundamental laws but has to expedite improvement of its enforcement and compliance with international standards so as to enhance capability of digital economic competition;

3) Though Thailand has digital laws supporting economic and social development, their enforcement limitations on structure, contents of law and personnel. Laws on electronic transactions and digital assets have not yet been modernized, being missed clarity of definition and mechanism protecting damage persons. Laws on cybersecurity and data protection bring about overlapping among agencies and absence of experts and international cooperation. Laws on frequency and telecommunication lead to dependent supervision and emphasis on income-generating rather than technological development. Laws on digital government encounter lack of data connection and technological personnel, causing untruly integrated state services system.

4) Enforcement of the digital laws of all countries having several positive impacts and concerns in each category of laws. The electronic transactions and digital assets category: Thailand provides more elaborative regulatory framework resulting pleasantly economic confidence and consumer protection, but more burdens for entrepreneurs’ adjustment engendered. Singapore and Australia have mechanism being more flexible and supportive to Fintech’s augment. The cybersecurity and data protection category: Thailand enhances safety standards, but high cost invested by private operators and risks on state power taken. Meanwhile, Singapore and Malaysia put in place regulatory system being more definite and stringent. The frequency and telecommunication category: Thailand promote competition but a gap to regulate OTT and regulatory uncertainty existed. Meanwhile, its certain neighboring countries emphasize on control of contents against freedom of media. Lastly, the digital government category: Thailand gains benefits from enhancement of efficiency and transparency of state services, but limited budget, personnel’s skills and digital divide encountered. In summary, enforcement of digital laws enforced by countries of Asia-Pacific region has contributed economic development and security but balance between “protection” and “promotion” has to be adjusted for sustainable and radical development. In the electronic transactions, digital assets and digital development for economic and social development category: suggested to restructure Thai laws, modeled by UNCITRAL laws or foreign laws, to change the licensing system for electronic transactions to be certified by a trust-based system, to add provisions on e-Transferable Records (ETR) for legal effect equivalent to paper system and to establish the “Regulatory Sandbox” mechanism for testing digital innovation under state control. The cybersecurity and data protection category: suggested to revise the Personal Data Protection Act B.E. 2562 (2019), to establish the National Data Protection Policy Council, to combine statutes in part of “Data processing for public interests” into single chapter, to elevate step-up administrative penalty so as to allow business sector to be adjustable, suggested to revise the Cybersecurity Act B.E. 2562 (2019), to formulate clearly cooperative role between public sector and private sector, to improve reporting and assessment system on cyber threats and to add more provisions on transnational exchange of information on cyber treats. The frequency and telecommunication category: suggested to revise the Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services, B.E. 2553 (2010) to be digital policy framework, to provide option to assign frequency in other way arise from bidding, to promote test of technology by means of Spectrum Sandbox, to restructure the National Broadcasting and Telecommunications Commission to be independent, transparent and accountable, to legislate new law on transnational services of media and telecommunication, to regulate OTT foreign services, and to legislate provisions of delegation in Thailand and appropriate payment of tax. The digital government category: suggested to develop the Government Data Exchange Platform, to provide the National Data Interoperability Framework for standardization in exchange of national data, to set up the government data supervision commission for approval and screening data connection and to take the Digital Government Blueprint of Malaysia into use.