Data center rules in Thailand

The Cabinet approved a Prime Minister's Office regulation on 5 August 2026 setting up a national committee to oversee data centre investment. Deputy Prime Minister and Finance Minister Ekniti Nitithanprapas chairs it. It is the first body with authority over data centres across all ministries.

At its first meeting on 4 September 2026 the committee paused construction on 49 data centres and froze approval of 117 more, which is 166 projects in total. It gave four subcommittees one month to write minimum standards. They cover economic benefit, infrastructure, sites and buildings, and environment. The pause followed an unlicensed diesel storage and leak incident at a Rama 9 data centre in Bangkok.

On 1 October 2026 the committee approved a separate legal definition for data centre buildings. Until now they were classed as large buildings, and some were permitted as warehouses or offices. Five size classes based on power use will set rules on safety, structure, water reserves and backup fuel tanks. The Department of Public Works and Town and Country Planning is finalising the technical rules, and the changes go to Cabinet within about a month.

BOI now screens data centre projects on four pillars. These are benefit to Thailand, energy security, water, and environment and zoning. Since July 2026 applicants need approval from a new subcommittee on energy management and data centre screening. This also applies to promoted projects that add more than 30% IT load. This replaced the ERC grid-capacity letter that had been required for new applications from 30 March 2026.

A draft bill would require data centre operators to hold a licence from the Minister of Digital Economy and Society and to be Thai-registered companies. It would require an environmental impact assessment (EIA), siting in factory-zoned areas, and own water and power sources for large sites. Unlicensed operation could bring up to 5 years in prison. The public hearing runs 3 September 2026 to 15 October 2026, and the size thresholds are left to later regulations.

Proposed conditions would require at least 50% of structural materials, construction work and electrical systems to come from Thai makers where supply, standards and price allow. They would apply to data centre operators seeking telecom licences, and existing operators would get 90 days to comply. NESDC said the rules should be in force by mid-October 2026.

The Bangkok Metropolitan Administration (BMA) counted 49 data centres in the city, most under 2MW and inside office buildings. It runs random checks on building standards, fuel, water, heat, noise and fire safety. It has suspended new data centre permit applications until national guidelines are issued. The Interior Ministry told utilities to hold water and power connections for unapproved new projects.

Under the Fuel Control Act 1999, storing more than 15,000 litres of fuel needs a permit. The Rama 9 facility allegedly held about 200,000 litres without one, and a criminal complaint was filed. Penalties are up to two years in prison or a fine up to 200,000 THB.

On 15 July 2026 the National Energy Policy Council (NEPC) meeting 2/2569 approved a separate electricity tariff class for data centres, called category 9. The rate is meant to be higher than other groups so households do not carry the cost. The Energy Regulatory Commission (ERC) has not yet set the rate. Press reports have floated 5 to 6 THB per kWh, and this figure is unconfirmed.

On 1 October 2026 the data centre committee agreed a two-rate design. Sites using clean energy or Direct PPAs would pay less than sites drawing gas-fired grid power. A subcommittee meets on 6 October 2026 to set the rate details.

Ft is the automatic fuel adjustment charge added to every unit of power. ERC set Ft at 16.23 satang per unit for September to December 2026. The average tariff fell to about 3.89 THB per unit. Data centres pay industrial rates above 3 THB per unit until their own class takes effect.

A Direct PPA lets a user buy renewable power straight from a generator over the state grid, which is called third-party access. The pilot began with 2,000MW reserved for data centres. In August 2026 NEPC removed the cap and opened direct clean power purchases to all industries.

ERC plans a deposit of 4.5 million THB per MW to stop speculative capacity bookings. Half would be returned when a site uses 50% of planned power within a year, and all of it at 70%. The measure was awaiting Cabinet approval and is not yet confirmed as in force.

The Energy Ministry set four power criteria for data centres. They include a clean energy share of at least 60% in line with the new power plan, plus safety rules for backup batteries and diesel generators. Separately, ERC proposed a licence for selling power to data centres, with its hearing open 19 September 2026 to 18 October 2026.

The Utility Green Tariff (UGT) lets large users buy certified renewable power from the state utilities. UGT1 launched in January 2025 with a premium of 0.0594 THB per unit. UGT2 adds a choice of specific solar or wind sources.

Since 1 July 2025 BOI grants an 8-year corporate income tax exemption to high-efficiency data centres and 5 years to others. Both are capped at 100% of investment. High efficiency is judged on PUE (power usage effectiveness), water efficiency and benefits to Thailand such as training and local supply chains.

The Deputy Prime Minister told BOI to review data centre incentives. The review weighs water, power, environment and real benefit to Thai citizens. He also said large operators should build their own power plants. No revised incentive package has been published.

BOI has promoted 42 data centre projects from 2024 to 2026 with 3,400MW of IT load and about 750 billion THB of investment. Press reports say BOI has made no new data centre approvals since April 2026 while the rules are rewritten.

Two notifications under sections 28 and 29 of the Personal Data Protection Act took effect on 24 March 2024. Personal data may leave Thailand to destinations with adequate protection or under safeguards such as binding corporate rules, standard contract clauses or certification. They impose no general data localisation rule.

The draft digital infrastructure bill would require personal data of Thai people and Thai corporate data to stay in Thailand by default. Exceptions would be set in ministerial regulations. The hearing closes 15 October 2026.

Under the Cabinet's Go Cloud First policy, government agencies must prefer cloud for new IT projects. Draft guidelines from the Digital Government Development Agency (DGA) sort government data into three classes. The most sensitive class must stay in sovereign or state-controlled clouds in Thailand. The guidelines were in draft at the August 2025 hearing, and their final status is unconfirmed.

The National Cyber Security Agency (NCSA) cloud security standard took effect on 10 September 2026. It covers government agencies, critical information infrastructure (CII) operators and the cloud providers that serve them. Systems must be classed by impact level and certified against minimum controls.

A draft amendment to the Cybersecurity Act would make CII operators police their outside service providers. Providers would get a 60-day window to fix problems, and non-compliant providers would be listed. Cloud and data centre suppliers to CII would face these duties through their contracts.

ERC's proposed screening framework requires data centre operators to submit water management plans. BOI also screens water source, cooling technology, recycling and drought planning.

The draft digital infrastructure bill would require data centres above a set size to secure their own water sources. They could not draw on public supply. The size threshold is not yet defined.

The Royal Irrigation Department estimates the 16 BOI-approved data centres in the Eastern Economic Corridor (EEC) will need 42.4 to 50 million cubic metres of water a year. It is planning supply with the Office of the National Water Resources.

Residents in Ban Chang, Rayong, in the EEC have opposed data centre projects over water and power use. One developer responded with public forums and a joint monitoring model. Its water supply is about 35% municipal and 65% private sources.

A subcommittee meets on 6 October 2026 to set details of the two data centre electricity rates. ERC must then set and announce the category 9 rate.

NESDC said the new data centre rules should be final by mid-October 2026. Under the draft, sites of 100MW or more would count as hyperscale and industrial-type sites would go in industrial estates. The one-month deadline from 4 September 2026 has passed without published standards. On 1 October 2026 officials said subcommittee criteria would be done within about a week.

The new data centre building category and the five size classes go to Cabinet within about a month of 1 October 2026. A transition period for existing operators is promised, and its length is not yet set.

The hearing on the draft digital infrastructure bill closes on 15 October 2026. The hearing on ERC's data centre power licence closes on 18 October 2026.

ERC plans to finish its full set of rules on selling power to data centres by the end of 2026. These cover grid supply, green power, Direct PPA and possible on-site generation, and ERC will present them to the data centre committee.