When undertaking large-scale projects or bidding for contracts, business operators often face a critical decision: Joint Venture (JV) or Consortium? Both involve the collaboration of two or more parties, yet their legal implications differ significantly.

Joint Venture (JV)

A Joint Venture is a collaboration in which all parties operate as a single unified entity, with the following key characteristics:

• All parties share management, decision-making, and project responsibility
• Profits and losses are distributed according to the agreed ratio
• Liability is joint one party's failure may expose the others
• Often registered as a new legal entity or governed by a JV Agreement
• Suited for projects requiring unified management and execution

Consortium

A Consortium is a collaboration in which each party is responsible solely for its own defined scope of work, with the following key characteristics:

• Each party handles only its assigned portion of the project
• No pooling of profits or losses — each party manages its own
• Liability is limited to each party's own scope of work
• Typically not registered as a new entity, but governed by a Consortium Agreement
• Suited for projects requiring diverse specialized expertise

Key Considerations for Business Owners

Selecting the wrong structure may expose the business to unnecessary legal risk — including liability, tax implications, and inter-party disputes. Business owners should carefully assess the nature of the project, the scope of work, and the relationship between the parties before making a decision, and consult with a business law advisor to determine the most appropriate structure.

This article is part of the LAS Legal Knowledge Hub — Learn more at kelomn.com

Thundthornthep Yamoutai

Legal Advance Solution / LAS

[email protected]

The Thai Food and Drug Administration (FDA) has issued the Notification on Food Advertising Criteria B.E. 2569, effective 28 July 2026 (Royal Gazette Volume 143, Special Section 182 Ngor, Page 60, dated 27 July 2026).

The new regulation classifies food advertising into three categories with product-specific warning requirements, providing a clearer framework for business owners, brand operators, restaurants, and influencers to understand what can be posted freely, what requires prior approval, and what is strictly prohibited.

Three Categories of Food Advertising Under the New Rules

1. Prohibited

 Content that is strictly forbidden by law, such as exaggerated health claims, misleading statements, or advertising that violates food safety regulations.

2. No Approval Required

 Certain types of advertising may be published without prior FDA approval, provided they comply with the criteria specified in the notification.

3. Approval Required

 Advertising that falls under the legally defined criteria must obtain FDA approval before publication.

Who Is Affected

• Food and beverage business operators
• Food brand owners of all sizes
• Restaurants, cafés, and F&B businesses
• Influencers and content creators who review food products
• Advertising managers across online and traditional media

Recommended Actions for Business Owners

• Review all advertising content to determine which category it falls under before publishing
• If the content requires approval, submit an application to the FDA in advance
• Study the product-specific warnings that may need to accompany the advertisement
• Consult legal counsel to assess compliance risk before launching campaigns or posting sales content

Compliant advertising not only reduces legal risk but also builds long-term credibility for the business.

📖 Read more: kelomn.com/articles/food-advertising-rules-2569

This article is part of the LAS Legal Knowledge Hub 

Thundthornthep Yamoutai

Legal Advance Solution / LAS

[email protected]

When a personal data breach occurs, many organizations assume that notification to the Personal Data Protection Committee (PDPC) is mandatory in every case. In practice, the law does not require notification for every incident. PDPC Consultation No. 17/2567 provides clear guidance on when notification is and is not required.

1. When Notification Is Not Required

If the organization assesses the incident and determines that the breach does not pose a risk to the rights and freedoms of data subjects, notification to the PDPC is not required. However, the organization should document the incident and retain evidence of the assessment in the event of a subsequent review by the PDPC.

2. When Notification Is Required Within 72 Hours

If investigation confirms reasonable belief that a breach has occurred and poses a risk to data subjects' rights and freedoms, the organization must notify the PDPC within 72 hours from the point of confirmation. This is assessed on a case-by-case basis.

3. When the 72-Hour Deadline Cannot Be Met

If there are justifiable reasons preventing notification within the prescribed timeframe, the organization must notify the PDPC as soon as possible, no later than 15 days, accompanied by an explanation for the delay.

How to Notify the PDPC

• Complete the notification form and submit via email to [email protected]
• Notification page: pdpc.or.th/17259
• Enquiries: Bureau of Inspection and Supervision, tel. 08 1245 4862

What Every Organization Should Have in Place

• A Data Breach Response Plan
• A designated response team capable of assessing incidents and making decisions immediately
• A systematic incident logging and evidence retention process
• PDPA legal counsel available for guidance in emergency situations

Read the full consultation: pdpc.or.th/wp-content/uploads/2024/11/PDPC-consultation-46.pdf

This article is part of the LAS Legal Knowledge Hub - Learn more at kelomn.com

Thundthornthep Yamoutai

Legal Advance Solution / LAS

[email protected]