In Thailand, what should you pay attention to when working with influencers?
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How to Hire Influencers in Thailand? How Should Agreements Be Drafted to Avoid Risks?
There are mainly three ways to work with influencers in Thailand:
directly engaging with KOLs — suitable for one-time collaborations or smaller budgets, but often less stable, with higher risks of breach and greater communication costs
working through MCNs or agencies — more suitable for brand campaigns or large-scale influencer placements, with more standardized processes but relatively higher costs
working through local service companies — more suitable for overseas businesses entering Thailand, with advantages including locally compliant contracts, withholding tax handling, better legal risk control, and higher communication efficiency
There are mainly three ways to work with influencers in Thailand:
Directly engaging with KOLs — suitable for one-time collaborations or smaller budgets, but often less stable, with higher risks of breach and greater communication costs
Working through MCNs or agencies — more suitable for brand campaigns or large-scale influencer placements, with more standardized processes but relatively higher costs
Working through local service companies — more suitable for overseas businesses entering Thailand, with advantages including locally compliant contracts, withholding tax handling, better legal risk control, and higher communication efficiency
Contract party information: name/company name, ID card or registration number, contact details, and social media accounts, used to verify identity and avoid disputes
Scope of work (most important): clearly specify the platform (TikTok / IG / Facebook), number of contents, content format (review / unboxing / reels, etc.), posting schedule, and whether prior approval is required. In practice, most disputes arise from this section
Fees and payment terms: amount, payment schedule (advance payment / after posting / installments), whether withholding tax applies, and whether refunds are required in case of breach
Content ownership and usage rights: ownership of materials, whether the brand may use the content for advertising or paid promotion, and the usage period. Without clear terms, future reuse is often not possible
Competitor restrictions: whether the influencer may work with competing brands, including restriction period and product categories
Liability for breach: handling measures and penalties for failure to post, delayed posting, or violations
Brand risk clauses: whether the brand may terminate the agreement, request content removal, or claim compensation in the event of negative publicity or reputational damage
Contract termination: termination conditions, notice period, and compensation arrangements
1.Tax issues: influencer income is considered personal income, and companies may be required to withhold Withholding Tax (3% / 5%). Failure to do so may result in tax compliance risks
2.Advertising compliance: especially for cosmetics and health supplement products, exaggerated claims or implied medical effects are prohibited. In case of violations, both the brand and the influencer may share legal responsibility
3Legality of foreign influencers working in Thailand: if the influencer is a Chinese national or other foreigner, they must hold a Non-B visa and a valid Work Permit; otherwise, the activity may be considered illegal employment
It is recommended to include the following additional clauses in the agreement: KPI clauses (such as views, click-through rates, and conversions) to avoid situations where content is posted but produces no results; advertising usage authorization clauses to clarify whether the content may be used for paid advertising; content revision rights specifying the number of allowed revisions; an emergency takedown mechanism requiring content removal within 24 hours in the event of negative public attention; and a clear definition of competing products or brands to avoid ambiguity.
Summary:
When working with influencers in Thailand, the key is to ensure that “the collaboration terms are clearly defined and the execution process is properly controlled.” During the initial selection stage, focus on real performance data rather than just follower count; in the agreement, clearly specify the platforms, content quantity, timelines, approval process, and advertising usage rights; during execution, set clear milestones and establish breach and public relations handling mechanisms in advance; and for performance-claim products or foreign influencers, compliance and visa requirements must be properly verified beforehand.
END
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