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​ 

August 11, 2026
On July 27, 2026, the State Bank of Vietnam (SBV) released a draft decree proposing amendments to Decree No. 52/2024/ND-CP dated May 15, 2024, on non-cash payments (Decree 52). The draft decree would amend 17 of Decree 52’s 38 articles, with several key changes directly affecting providers of intermediary payment service (IPS). The key proposed changes affecting IPS providers are outlined below. Streamlining IPS Licensing Procedures A central objective of the draft decree is to simplify regulatory procedures for IPS providers. Notably, it would significantly reduce IPS licensing documentation requirements by removing the need to submit enterprise registration certificates, investment registration certificates, and documents evidencing the qualifications of the legal representative and general director. Instead, the SBV would retrieve this information directly from national business registration and other specialized databases, requesting additional documents only where the relevant information cannot be verified electronically or is incomplete. The draft decree also removes the current limit of two rounds for dossier supplementation and shortens processing timelines for several IPS licensing procedures such as issuance, amendment, and reissuance of IPS licenses. The processing time for new IPS license applications would be thereby reduced from 90 to 60 working days. In addition, several continuing IPS business conditions would be removed. For example, IPS providers would no longer be required to maintain certain representations relating to corporate restructuring or the legality of contributed capital. Likewise, the IPS project plan (đề án) would become a one-time application document rather than an ongoing licensing condition. If retained in the final decree, this change could provide IPS providers with significantly greater flexibility to implement post-licensing technology upgrades, system integrations, and corporate restructuring transactions without needing to revisit the originally approved project plan. The draft decree also removes the requirement for the SBV to consult the Ministry of Public
Read More
August 10, 2026
Thailand has finalized its social media KYC (“know your customer”) rules under Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers (No. 2), which was published in the Government Gazette on May 5, 2026, and will take effect on November 1, 2026. While an early draft of the notification proposed requiring social media platforms to arrange identification of every user account, the final notification is significantly more targeted, focusing on paid online advertising and advertiser identity verification. Though the regulatory initiative primarily aims to combat online fraud and technology-related crimes, it also has important consequences for intellectual property enforcement, because the verified platform records that will be generated under the new requirements can help IP rights holders to identify anonymous online infringers. Key Regulatory Mandates The notification requires social media service providers to verify the identity of advertisers before their paid advertisements are published and disseminated in Thailand through social media, regardless of whether the advertising fees come from the advertisers or third parties. Verification of an advertiser is valid for one year, after which verification would have to be performed again before the platform could publish additional paid advertisements from the advertiser. Permitted verification methods are specified under the notification. A platform may verify an advertiser by checking identity evidence and confirming the connection between the advertiser and that identity evidence, with the notification giving facial comparison against certain government-issued identity documents as an example. Alternatively, platforms may verify advertisers through a digital identity verification and authentication system with an identity-proofing assurance level not lower than the level prescribed by Thailand’s Electronic Transactions Commission. The notification further requires platforms to retain only the advertiser’s information necessary to identify the advertiser, beginning from the start of the advertising activity and for
Read More
August 10, 2026
On July 31, 2026, Thailand’s Big Data Institute (BDI) launched a public consultation on the principles of a proposed new data-sharing law, with comments accepted until August 31, 2026. If enacted, the law would establish Thailand’s first comprehensive framework for government and private-sector data sharing, creating a systematic, secure, and transparent regime to support analytics, policymaking, research, and innovation. Central Data-Sharing Platform The draft law establishes a central system for data sharing, managed by the BDI. Government agencies would be required to connect to the BDI’s Data Integration and Intelligence Platform (also referred to as D2), in accordance with the BDI’s rules and procedures. Five Dimensions of Data Sharing The draft law covers five key types of data sharing between government (G), businesses (B), and consumers (C): G2B: Private organizations may request government data specifically for research and development purposes. The BDI will assess the applicant’s data governance, security, and privacy capabilities whether such measures meet prescribed standards before forwarding the request to the relevant government agency within 90 days. Any dispute may be escalated to a newly established Data-Sharing Promotion Committee for final determination. G2G: Government agencies may request data from other agencies through the central system. The data-holding agency must respond within 90 days, taking legality, necessity, proportionality, public interest, and personal data protection into account. Disputes may be referred to the Data-Sharing Promotion Committee for adjudication. B2G: In emergency situations involving public safety, economic security, or disaster response, the Minister of Digital Economy and Society may require private entities to provide data through the central data-sharing system. Government agencies must specify the data requested, demonstrate its necessity and expected benefits, and request only data reasonably available to the data holder. Requests for personal data must be limited to the minimum amount necessary. B2C: Royal decrees may
Read More
August 10, 2026
Thailand’s Office of the Personal Data Protection Committee (PDPC) recently released draft guidance on records of processing activities (ROPA) for personal data controllers and processors under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The draft guidance, which was presented to the public on July 7, 2026, addresses both controller records of collection, use, and disclosure of personal data and processor records of processing activities carried out on behalf of controllers. If implemented, the guidance will significantly expand organizational expectations for ROPA preparation, maintenance, and use across all sectors. Key Takeaways The draft guidance contains several important implications for organizations subject to the PDPA: ROPA reframed as a core accountability tool. The guidance elevates ROPA from an administrative record to a central accountability mechanism, connecting controller duties with recordkeeping obligations. ROPA as a source for privacy notices and governance documents. ROPA should serve as the primary source for privacy notices and align with consent management, retention schedules, DPIAs, incident response plans, and vendor contracts. Expanded scope across all activities. ROPA must cover all processing activities across the organization—including security, finance, HR, and external contractors—with correct controller or processor classification for each. Ongoing maintenance and auditability. ROPA must be updated for any change to systems, purposes, or processors, reviewed at least annually, and maintained with version control and a designated owner. Enhanced vendor, processor, and cross-border transfer requirements. Organizations must document all processors, external recipients, and cross-border transfers, specifying purposes, access scope, and destination countries. Linkage with risk assessment, DPIAs, and LIAs. ROPA should assign risk levels to each activity and identify when data protection impact assessments (DPIAs) or legitimate interests assessments (LIAs) are required, functioning as a risk-management tool. ROPA and data breach readiness. Incomplete ROPA can delay breach response and notification. Organizations should map data flows, vendors,
Read More