For many years, multinational corporations entering the Thai market routinely imported global contract templates containing extensive limitation of liability provisions, broad indemnities, and comprehensive hold-harmless protections. These clauses were often designed to shift substantial commercial risk away from the drafting party and onto its counterparty. While such approaches may remain effective in certain jurisdictions, their enforceability under Thai law has become increasingly uncertain.
Accounting & Legal in Thailand
For years, exclusive supply arrangements, exclusive distribution rights, tying arrangements, and bundled commercial offerings occupied a legally sensitive area under Thailand's Trade Competition Act B.E. 2560 (2017). While these contractual mechanisms often serve legitimate commercial objectives—such as protecting investments, ensuring supply-chain stability, or maintaining brand standards—they may also attract scrutiny where they restrict market access, foreclose competitors, or create unfair barriers to trade.
For many years, organizations treated data protection obligations as a peripheral contractual issue, often addressed through a brief confidentiality or privacy provision buried within a Master Services Agreement. That approach is increasingly incompatible with Thailand's evolving regulatory environment.
