Problems and Law Development Guideline regarding Business Platform

Abstract

This study on the topic of problems and guideline of development on law business platform aimed to research the legal problems with respect to platform business including exploring the guideline to improve or develop such laws. The methodology applied in this study is qualitative research consisting of examining process, data analysis on documents or documentary research and interview of the related persons.

The study revealed that there were platform business problems affecting the government which are problems on authoritative tax collection in case of foreign platform business that the overseas-based entity is not required to pay the corporate income tax pursuant to section 70 of the Revenue Code. Furthermore, the problem of platform business includes the unequal bargaining power between the contracting party that the protection has not been given under laws. In addition, the problem on the advantage on the conflict of laws principle exists. Since most of business operators of platform business were company incorporated under the foreign laws, their adhesion or standard contract ordinarily contain the governing laws provision where the governing laws will be determined by the platform business operator.

Despite the existing Royal Decree on the Supervision of Digital Platform Services Required to be Notified B.E. 2565 (2022) prescribing the supervision of digital platform on various laws, the supervision and control are not thoroughly provided, that is to say, laws emphasize on the protection of the user of the platform but disregard the protection of the service provider through platform. Hence, it is recommended to improve the laws to be more suitable by taking all related persons in the platform service into account.