You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 30, 2022

First Set of Subordinate Regulations Enacted for Thailand’s PDPA

Subscribe to Updates

Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) became fully effective and enforceable on June 1, 2022. To ensure that the PDPA will be smoothly and efficiently enforced, the Personal Data Protection Commission (PDPC) is issuing various subordinate regulations. On June 20, 2022, the first set of these regulations was issued and published in the Government Gazette, and according to the Ministry of Digital Economy and Society (MDES), another set of subordinate regulations is expected to be issued by the end of June 2022.

The first set consists of the following four subordinate regulations:

 

1) Notification of the PDPC Re: Exemption to the Record of Processing Activities Requirement for Data Controllers that Are Small Businesses B.E. 2565 (2022) (“ROPA Exemption Notification”)

Under the PDPA, data controllers are obligated to prepare and maintain a record of processing activities (ROPA) containing information specified in Section 39 of the PDPA, including the personal data collected, the purposes of the processing of the personal data, the retention period, etc.

However, under this ROPA Exemption Notification, a data controller will be exempted from the obligation to prepare and maintain a record of such required information (except information related to the rejection of a request from a data subject to exercise (i) right of access; (ii) right to data portability; (iii) right to object; and (iv) right to rectification), if its business falls within the scope of any of the following:

  • Small or medium-sized business according to the law on small and medium-sized enterprise promotion, defined as follows:

  • Community enterprise or social enterprise, as referred to under the law on community enterprise promotion.
  • Social enterprise, as referred to under the under the law on social enterprise promotion.
  • Cooperative, cooperative union, or agriculturist’s group under the law on cooperatives.
  • Foundation, association, religious body, or non-profit organization.
  • Household business or other business of the same nature.
  • Internet cafe service provider.

This exemption will not apply to small businesses in certain circumstances, such as when the processing of personal data is required by law related to a computer crime to retain computer traffic data, when it involves personal data having a risk of affecting the rights and freedom of an individual, or when the data controller processes the personal data on a regular basis.

The ROPA Exemption Notification came into force on June 21, 2022.

 

2) Notification of the PDPC Re: Rules and Procedures for the Preparation and Maintenance of the Record of Processing Activities by the Data Processor B.E. 2565 (2022) (“Data Processor Notification”)

The PDPA also imposes an obligation on data processors to prepare and maintain a ROPA, without further explanation. With the enactment of the Data Processor Notification, it is now clear that the data processor must ensure that its ROPA will include at least the following information:

  • Information on the data processor;
  • Information on the local representative of the data processor (if any);
  • Information on and contact details of the data protection officer (if any);
  • Information on the data controller on whose behalf or pursuant to whose instruction the data processor acts, and on the local representative of the data controller (if any);
  • Types or characteristics of the collection, use, or disclosure of personal data conducted by the data processor on behalf of or pursuant to the instruction of the data controller, including the category of personal data and purpose of the collection, use, or disclosure;
  • If personal data is transferred outside of Thailand, the category of the person or entity receiving the personal data; and
  • A description of the security measures implemented by the data processor.

The ROPA must be maintained in written or electronic form, and must be easily accessible and promptly available for inspection by the Office of the PDPC, the data controller, or their designated person, when requested.

The Data Processor Notification will only become enforceable 180 days after the date of publication in the Government Gazette, i.e., December 17, 2022. Therefore, data processors are given a grace period to prepare themselves to be in compliance with this ROPA requirement.

 

3) Notification of the PDPC Re: Security Measures of the Data Controller B.E. 2565 (2022) (“Security Measures Notification”)

The minimum required security standards prescribed by the Security Measures Notification are generally in alignment with the previous Notification of the MDES on Security Measures which ceased effectiveness on May 31, 2022 (“MDES Notification”). Data controllers who have prepared themselves to be in compliance with the MDES Notification will therefore find it easy to comply with the Security Measures Notification, which took effect on June 21, 2022.

The key requirements under the Security Measures Notification include the following:

  • Data controllers must ensure that security measures will be applied to personal data in any form whatsoever.
  • Data controllers must ensure that security measures consist of appropriate organizational measures and technical measures, which may also include physical measures, if necessary, whereby the level of risk and possibility of occurrence of data breach incidents and the consequences of data breach incidents are taken into consideration.
  • When preparing the security measures, the data controller must consider the identification of possible risk to significant information assets, prevention of the occurrence of significant risk, monitoring of threats and data breach incidents, encounters with threats and data breach incidents, risk treatment, and recovery, as appropriate and in accordance with the level of risk.
  • Data controllers must be able to maintain the confidentiality, integrity, and availability of personal data as appropriate and in accordance with the level of risk, taking into account technological factors, context, circumstances, and standards accepted by similar types of businesses.
  • Security measures for personal data in electronic form must cover the components of the relevant information system such as servers, clients, storage system and devices, software, etc., as appropriate and in accordance with the level of risk.
  • Security measures in relation to the access, use, alteration, modification, deletion, or disclosure of personal data are substantially similar to the requirements under the MDES Notification – for example, access control, user access management, user responsibilities, audit trails, etc. However, the Security Measures Notification sets forth further requirements.

Apart from the above, the Security Measures Notification also requires the data controller to: (i) build privacy and security awareness for its personnel and users; (ii) review security measures when necessary or when there is a change in technology or a data breach incident; and (iii) set requirements on security measures for its data processor.

 

4) Notification of PDPC Re: Rules for the Consideration of the Imposition of Administrative Penalties by the Expert Committee B.E. 2565 (2022) (“Administrative Penalties Notification”)

In addition to imposing administrative fines on the offender, the Expert Committee which will be appointed under the PDPA will also be empowered to issue orders on the enforcement of administrative penalties, including seizure, confiscation, and sale by auction.

The key points of the Administrative Penalties Notification, which took effect on June 21, 2022, are as follows:

  • In determining the administrative fine or administrative measure, the Expert Committee is to consider certain factors such as whether the offense was committed willfully or out of gross negligence, the severity of the offense, the size of the business, the benefits which the data subject will receive if the administrative measures are enforced against the offender, the value of damages, the level of responsibility and standards at the time of commission of the offense, etc. One of the crucial factors that will be considered by the Expert Committee is the record of administrative fines or administrative measures already imposed or enforced on the offender and, if the offender is a legal entity, on the person associated with such legal entity.
  • The Administrative Penalties Notification categorizes offenses into two categories, non-serious offenses and serious offenses, which are treated differently by the Expert Committee.

Non-Serious Offense:

The Expert Committee may issue the following orders to the data controller, data processor, or other related person:

– Warning or order to the offender to rectify, cease, suspend, refrain or abstain from the violation or non-compliance with the PDPA within the time specified.

– Order to prohibit the offender from causing any damage to the data subject, or to perform any act to remedy the damages.

– Order to restrict the collection, use, or disclosure of personal data upon which an offense has been committed in order to remedy damages within the time specified.

In addition to the above, the Expert Committee may set forth conditions or procedures for the improvement of personnel, process, or technology to ensure its efficacy and suitability as the Expert Committee deems appropriate.

Serious Offense:

The Expert Committee shall impose administrative penalties on the data offender by taking into account the severity of the offense and other circumstances as deemed appropriate.

The Expert Committee may also issue orders similar to those for the non-serious offense.

  • If an administrative fine has been imposed on the offender and the offender failed to make payment within the time specified, the Expert Committee may issue a warning to the offender to make such payment within a period of not less than seven days, and if the offender still fails to make such payment in full, the provisions of the administrative procedures law will be applied.

It is vital to note that any failure to comply with the requirements under these subordinate regulations may lead to the data controller or data processor being subject to penalties specified under the PDPA, depending on the violation.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

September 17, 2026
Thailand’s Office of the Consumer Protection Board (OCPB) has released for public comment a draft bill to amend the Consumer Protection Act B.E. 2522 (1979), the country’s foundational consumer protection legislation. The draft amendment aims to modernize the nearly five-decade-old framework to address the rapid growth of digital commerce, online advertising, influencer marketing, and new business models. The public consultation period is open until October 10, 2026. Expanded Definitions Covering Digital Commerce The draft significantly broadens several core definitions to capture modern commercial activities: “Consumer” is expanded to include natural persons and nonprofit juristic persons who purchase or receive services, including those solicited by businesses and end users who do not directly pay for the goods or services. “Business operator” now explicitly covers advertising business operators and hired advertising persons, such as influencers and content creators. “Advertising media” is expanded to include digital platforms, social media, and social media user accounts. “Label” now encompasses electronic labels—symbols, codes, or other electronic formats displaying product information. Influencer and Advertising Disclosure Requirements In addition to these expanded definitions, “hired advertising person for selling goods or services” is a new definition covering influencers, content creators, live streamers, affiliate marketers, and virtual online media operators who receive monetary compensation or other benefits for advertising goods or services. Hired advertising persons—including influencers and content creators—must disclose to consumers that content is advertising and reveal their relationship with the business owner. Disclosure is required when the business owner employs the advertiser, pays or provides other benefits for the advertisement, or provides free or discounted products or services. These requirements apply where consumers would not otherwise know that the business has a connection to the person presenting the content. Labeling Requirements for Importers The draft introduces a clearer labeling obligation for importers of label-controlled goods, who must
Read More
September 11, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published a new five-year master plan that will bring significant regulatory changes to the broadcasting and digital media sectors, including formal licensing requirements for internet-based audiovisual services. The Master Plan for Broadcasting and Television, 3rd Edition (B.E. 2569–2573/2026–2030) was published in the Government Gazette on September 1, 2026, and will affect OTT platforms, internet-based audiovisual service providers, and traditional broadcasters. Licensing Reform The NBTC will develop new licensing frameworks ahead of existing digital television license expirations, which are slated to occur between 2028 and 2030. This creates both uncertainty and opportunity for incumbents and new market entrants. New licensing criteria will also be developed for audiovisual services delivered over the internet, meaning previously unregulated internet-based providers may face licensing, fee, and content obligations for the first time. The plan also calls for a new law to govern converged communications services. OTT Regulation and Content Oversight The plan explicitly acknowledges and aims to lessen the regulatory asymmetry between traditional broadcasters—which are subject to licensing, fees, and content regulation—and internet-based services that currently face fewer obligations. The NBTC intends to develop regulatory frameworks to bring internet-based audiovisual services, including OTT platforms, streaming services, and user-generated content platforms, under content, consumer protection, and licensing requirements. Consumer Protection and Digital Rights The NBTC will strengthen its oversight of broadcasting, television, and telecommunications operators to ensure compliance with consumer protection and personal data protection requirements. This includes updating relevant notifications and orders and more strictly enforcing rules against practices that unfairly exploit consumers. These measures may layer NBTC-specific requirements on top of Thailand’s existing Personal Data Protection Act obligations. Stricter enforcement against practices that exploit consumers is a priority, with particular scrutiny on advertising practices. The NBTC will modernize complaint resolution processes, meaning service providers should
Read More
September 7, 2026
On September 4, 2026, Thailand’s prime minister convened the first meeting of the Data Center Business Policy Committee. The committee endorsed a draft policy framework for the data center industry and tasked four subcommittees with developing the standards that would sit beneath it, shifting away from fragmented, agency-by-agency approvals toward a unified national strategy aiming to maximize economic value while managing environmental and infrastructure concerns. Proposed Scope and Pillars of the National Data Center Policy Framework The proposed framework would cover all types of data centers, including internal or captive facilities operated within a company or its affiliates, rather than only commercial third-party providers. If adopted in this form, companies running private data centers purely for internal purposes would also become subject to regulatory oversight. Minimum safety and operational standards would be established, with uniform enforcement across all categories. The committee endorsed a draft policy framework with four key pillars: Industrial classification: Data centers exceeding 2 MW would be classified as industrial operations, which may require factory licenses and environmental impact assessments under the Factory Act. Resource pricing: Utility rates would be structured to reflect both direct and indirect costs, supporting green energy and green data center standards. Centralized screening: A centralized review would evaluate project suitability and resource allocation. Operators may be required to submit proposals through periodic “pitching” rounds, where projects are competitively assessed on their potential economic and strategic benefits to Thailand. Digital ecosystem: The framework would prioritize data sovereignty, tax incentives, and conditions promoting domestic digital businesses, AI, and cloud infrastructure. Multidimensional Evaluation Criteria and Subcommittees Four subcommittees will be established to develop standards responsible for the following dimensions: Economic: Criteria for assessing the economic viability of data center projects, for use in prioritizing data centers based on infrastructure readiness, demand type (including AI factories),
Read More
September 4, 2026
Foreign business restrictions on telecommunications, treasury center businesses, and intragroup support services were eased when Thailand published the Ministerial Regulation Prescribing Service Businesses Not Requiring Permission for Foreign Business Operations (No. 5) B.E. 2569 (2026) in the Government Gazette on August 28, 2026. The ministerial regulation expands the categories of service businesses that foreign investors may operate without a foreign business license (FBL) under the Foreign Business Act B.E. 2542 (1999) (FBA). Of particular relevance to the telecommunications, fintech, and technology sectors, the ministerial regulation exempts: Type 1 telecommunications licensees, which do not have their own networks; Treasury center businesses operated in accordance with Thailand’s exchange control regulations; and Certain intragroup administrative, human resources, and information technology management services. Telecommunications Services Foreign-owned businesses providing telecommunications services under a type 1 telecommunications license may now operate without obtaining an FBL. This may streamline market entry for qualifying telecommunications and digital infrastructure businesses. The exemption applies only to the FBA licensing requirement. Operators must continue to comply with applicable requirements under the Telecommunications Business Act and the regulations of the National Broadcasting and Telecommunications Commission, and the change does not affect foreign ownership restrictions applicable to type 2 or type 3 telecommunications businesses. Treasury Center Businesses The ministerial regulation also exempts qualifying treasury center businesses from the FBL requirement. This may facilitate centralized treasury functions in Thailand, including liquidity management, foreign exchange management, and intragroup funding arrangements. Treasury center operations remain subject to applicable requirements of the Bank of Thailand and other competent authorities. Intragroup Administrative, HR, and IT Services Certain administrative, human resources, and information technology management services provided between affiliated entities are also exempt, provided the relevant entities satisfy prescribed ownership or management criteria. The exemption is available where the service provider and recipient are related through specified ownership
Read More