REGULATORY FRAMEWORK OF CROSS-BORDER DIGITAL PLATFORMS UNDER THE PRINCIPLE OF THAILAND’S DIGITAL SOVEREIGNTY

Abstract

This research aims 1) To examine theoretical concepts regarding legal measures for the regulation of cross-border digital platforms under the principle of digital sovereignty in Thailand and foreign jurisdictions, 2) To analyze existing factual and legal challenges, 3) To compare relevant legal frameworks, and 4) To propose effective regulatory measures. This study employs a qualitative research methodology, integrating comparative legal research with in-depth interviews of 25 key informants from five groups: victims, investigators, cybercrime police officers, banking representatives, and public prosecutors. The interview instruments were validated by five experts. The research findings indicate that the Duty of Care and Systemic Risk theories, as proactive measures, present four problems: 1) Legal standing; 2) Administrative fines insufficient to break the cycle of cybercrime; 3) Delays in Sections 15 and 20 of the Computer Crime Act B.E. 2560 (2017); and 4) The lack of criminal penalties for platform executives. Comparing these countries to Singapore, the European Union, South Korea, and Taiwan, which have mechanisms for emergency response orders and fines based on global revenue, the research recommends: 1) Upgrading the Digital Platform Service Business Notification Act B.E. 2565 (2022) to a full Act; 2) Increasing daily fines to a maximum of 6% of global revenue until the system is rectified; 3) Amending Sections 15 and 20 of the Computer Crime Act B.E. 2560 (2017) to grant emergency response authority; and 4) Establishing criminal penalties for platform executives. These proposed measures are intended to strengthen Thailand’s legal framework for regulating cross-border digital platforms and to enhance regulatory effectiveness in accordance with the principle of Digital Sovereignty.