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Thailand Accelerates the Development of a Unified Regulatory Framework for Data Centers
Updated 21 September 2026
Thailand is developing a coordinated framework for data center regulation, covering electricity and water consumption, project location, building safety and environmental impacts. At its first meeting on 4 September 2026, the Data Center Policy Committee outlined a national approach to minimum standards and project assessment.
The policy review has been accompanied by inspections and enforcement concerning diesel stored for emergency generators at urban data centers. These developments involve both the preparation of new standards and enforcement under existing legislation.
The Legal Framework Already in Force
The Regulation of the Office of the Prime Minister on the Data Center Business Policy Committee B.E. 2569 (2026) was dated 11 August 2026, published in the Royal Gazette on 13 August 2026, and took effect on 14 August 2026.
It establishes a committee chaired by a designated Deputy Prime Minister. Its responsibilities include proposing policies, standards and administrative guidelines to the Cabinet concerning approvals, permissions, investment promotion certificates and government services for data center businesses. Relevant agencies must implement Cabinet resolutions adopted under this framework.
The Regulation also defines “data center.” Broadly, the definition covers premises using electronic equipment to provide specified data services to persons other than affiliated companies, subject to the Committee’s determination.
The Regulation establishes a policy coordination mechanism. It does not introduce a comprehensive operating licence itself or replace approvals required under other applicable laws.
National Standards and Coordinated Project Assessment
The government identified four priorities at the September meeting: consolidating project information across agencies, establishing minimum standards, aligning data center development with national strategies, and developing criteria for selecting projects that benefit Thailand.
The announced assessment approach includes clean energy, net zero objectives, artificial intelligence and opportunities for Thai businesses. Competitive project proposals were identified as a possible selection mechanism. The policy direction encompasses commercial facilities and facilities serving their own businesses or affiliated companies, with requirements suited to different categories.
The announced intention is for minimum standards to cover operating facilities, projects under construction and future developments. Detailed requirements and transitional arrangements remain part of the implementation process.
Capacity Thresholds and Industrial Classification
The reform proposals include classifying certain data centers as industrial activities and introducing more coordinated assessment of their resource requirements. A 2 MW threshold appeared in the initial proposals, although the BBC’s account of the meeting reported that it was questioned as potentially too low and required further consideration.
On 20 September 2026, the Secretary-General of the National Economic and Social Development Council was reported as discussing 100 MW or more as a possible level for hyperscale facilities, while confirming that the Committee still needed to consider the classifications. These figures concern evolving classification proposals. The reported discussions do not establish a final statutory threshold for data centers.
Interim Restrictions on New Approvals
Following the September meeting, the Ministry of Interior indicated that it would defer approvals for data center projects that had not yet commenced construction, including water and electricity supply approvals, pending the finalisation of unified regulatory criteria.
The Bangkok Metropolitan Administration also announced that three projects awaiting final approval would be deferred pending clearer criteria.
Fuel Storage for Emergency Generators
Diesel storage for emergency generators has become a prominent part of the regulatory debate, particularly where data centers are located near homes and hospitals. The issues include the quantities authorised, whether the necessary storage permission has been obtained, and the safety of the installation.
On 2 September 2026, the Secretary to the Minister of Energy was reported as stating that the Ministry would defer issuing fuel-storage permits for emergency generators at new data centers until the Data Center Policy Committee established clearer criteria.
The same report recorded the Ministry’s clarification that a facility in Ramkhamhaeng Soi 28 was authorised to store approximately 200,000 litres, following public claims involving substantially larger quantities. Authorities stated that storage exceeding the authorised amount would be subject to enforcement. The distinction between claimed tank capacity, actual fuel stored and the licensed quantity is therefore important when describing the controversy. Authorities also announced a wider inspection programme covering 56 premises storing fuel for their own use in Bangkok.
Electricity Pricing, Clean Energy and Backup Power Standards
The Energy Minister outlined a separate electricity tariff approach for data centers, intended to reflect supply costs and avoid transferring additional costs to other users. He also identified clean energy criteria, backup power standards and grid connection conditions as areas of regulatory work. These proposals address both the demand placed on the electricity system and the operation of backup equipment.
Environmental, Health and Infrastructure Measures
Environmental oversight is being developed alongside the energy and building reforms. The BBC report described work on tailored environmental standards, rather than simply introducing an environmental impact assessment procedure.
On 17 September 2026, the chair of the House public health committee announced recommendations concerning health impact assessments, public health representation on the policy committee, and amendments to building and planning rules.
Separately, the acting Secretary-General of the National Broadcasting and Telecommunications Commission described an approach covering zoning, utility supply arrangements, dedicated infrastructure, electronic waste, renewable energy and domestic sourcing. The interview included a reported 50% local-content condition.
Within the investment promotion framework, BOI has already described conditions concerning energy efficiency, water management, Thai personnel and domestic capability development. Those promotion conditions form a separate part of the regulatory framework from the broader reforms under preparation.
Timetable and Next Steps
Following the September meeting, the government set a target of approximately one month to develop the new criteria. On 20 September 2026, the Committee’s secretary reportedly indicated that implementation was expected by mid-October, although a formal commencement date had not been confirmed.
The next stage of reform will be to translate the announced policy framework into detailed requirements governing project classification, approvals, resource use and safety. The final instruments will determine how those requirements apply to both existing facilities and new developments, including any transitional arrangements.
Written by
Manaswee Wongsuryrat
Partner
Intouch Songsermsakul
Associate
