According to an article from Lexology, Thailand is actively shaping its regulatory framework for artificial intelligence (AI) amidst rapid advancements in the field. Following the European Union's establishment of the world's first AI regulatory framework, the EU AI Act, ratified in March 2024, Thailand has introduced several AI ethical guidelines since 2022. However, it lacks enforceable regulations. Two significant legislative developments mirror the EU AI Act: the Draft Royal Decree on Business Operations that Use Artificial Intelligence Systems and the Draft Act on Promotion and Support for Artificial Intelligence in Thailand.

 

The Draft Royal Decree, proposed by the Office of the National Digital Economy and Society Commission (ONDE), introduces a risk-based approach categorizing AI systems into Prohibited AI, High-Risk AI, and Limited-Risk AI. Prohibited AI includes systems influencing human behavior or exploiting vulnerabilities, while High-Risk AI encompasses systems affecting safety, rights, and judicial processes. Limited-Risk AI pertains to systems interacting directly with people, such as chatbots.

 

High-Risk AI systems must comply with requirements like risk management, data governance, and human oversight, and must be registered with the responsible authority. Providers outside Thailand must appoint an authorized representative within the country. Penalties for non-compliance include fines and imprisonment.

 

The Draft Act, developed by the Electronic Transactions Development Agency (ETDA), aims to promote AI through regulatory sandboxes and support from relevant authorities. Both drafts are under consideration, and Thailand is monitoring AI regulations in other countries to inform its legislative approach.

 

These developments will significantly impact AI system providers, requiring compliance with risk assessments, registrations, and monitoring.