What should a Data Analytics Services Agreement include under Thai law?

1. Definitions and Interpretation
2. Engagement
3. Client Data and Data Quality
4. Assumptions and Method
5. Deliverables and Acceptance
6. Limits of the Findings
7. Changes and Additional Work
8. Use of AI Tools
9. Fees and Payment
10. Taxes
11. Intellectual Property
12. Confidentiality
13. Personal Data and Retention
14. Liability
15. Force Majeure
16. Termination
17. Notices
18. Governing Law and Disputes
19. General

• Paid analysis that produces a report or other result is a hire of work (Instrument 4 of the Stamp Duty Schedule). Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the Fee. On the Fee you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the Fee is in …, convert it to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount.
• The Analyst pays the duty (Clause 10.3). If the Agreement is signed electronically, pay through the Revenue Department's e-Stamp Duty system within 15 days after signing.

• A Thai company paying an Analyst in Thailand for this work normally withholds 3% and issues a withholding tax certificate (Clause 10.2). If the Analyst or the Client is abroad, different rules apply; ask an accountant before the first payment, especially because the Client has agreed to gross up.

• Send a data dictionary with the data: what each field means, where it comes from and any known problems (Clause 3.1).
• Read the Data Quality Report and decide in writing within 5 Business Days whether to fix the data, accept the Analyst's treatment or change the questions (Clause 3.3). Silence delays the project.
• Answer the Analyst's questions on assumptions within 3 Business Days; unanswered assumptions may be used (Clause 4.2). Check the Assumptions Register in each draft.

• Review drafts within … Business Days. You may ask for errors to be corrected, but not for Findings to be changed because they are unwelcome (Clause 5.3).
• Before you publish a figure or use it in advertising or an investor presentation, send the wording to the Analyst for confirmation (Clause 6.3). Claims such as "number one" or "most preferred" must be supported by the data.
• A forecast or a model score is a probability. Keep a person responsible for important decisions, especially decisions about customers or employees (Clause 6.1 and Clause 13.3).

• The Client is the data controller and the Analyst its processor (Clause 13.2). Send only the fields the questions need. Replace names, ID numbers and contact details with codes before sending, and keep the key yourself.

• The data will be held in the Analyst's environment in …. If that is outside Thailand, check the Personal Data Protection Act rules on cross-border transfers first.

• Ask for the Analyst's written confirmation that the data has been deleted within … days after acceptance (Clause 13.4).

• Build dashboards in BI or cloud accounts registered in the Client's name, and check that you receive the code and instructions with the final Deliverables (Clause 5.5 and Clause 11.4).

• A company should sign through the director authorised in its latest company affidavit and affix the company seal if required. For a foreign Analyst company, ask for a recent certificate of incorporation.
• Keep the signed Agreement, the Data Quality Report, the Assumptions Register, the drafts with comments, the final Deliverables, invoices and the deletion confirmation.

• A Thai court works in Thai. English reports must be filed with a certified Thai translation.
• A deposit before work starts and the balance on acceptance keep the amount at risk small for both Parties.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-AD251C. If you reuse this content, please credit the author and link to the original.