On April 11, 2025, Thailand’s Office of Insurance Commission (OIC) released draft principles for two notifications for public comment, open until the end of April. These aim to amend the OIC Notifications on Guidelines for Customer Personal Data Protection for life and non-life insurance businesses, which were issued in 2021. Key Principles Both life and non-life insurance companies will be required to obtain consent for the following processing activities: Processing of general personal data: When requesting the OIC to disclose information related to a customer’s insurance policy for the purpose of underwriting or claims consideration. Processing of sensitive personal data: When requesting the OIC to disclose information related to a customer’s insurance policy for the purpose of underwriting or claims consideration; and When requesting the OIC to disclose information about a customer’s insurance fraud behavior for fraud monitoring, fraud risk management, and assessing and preventing insurance fraud risk for underwriting or claims payment. The consent for the above processing activities must be in accordance with the consent requirements prescribed by the OIC, and the disclosure of personal data must also comply strictly with the conditions set by the OIC. Life insurance companies may obtain consent for other purposes as long as they comply with Thailand’s Personal Data Protection Act B.E. 2562 (2019), and companies will be liable in the event of a personal data breach. Additional Principles for Non-Life Insurance Businesses Non-life insurance companies will be required to provide a privacy notice and a summary of the privacy notice for each type of insurance policy in accordance with the form prescribed by the OIC. The privacy notice and its summary must be provided prior to or at the time of offering insurance policies, or together with the consent form for data processing through any channels used for offering insurance.

Insurance specialists from Tilleke & Gibbins have provided an update to the Vietnam chapter of Thomson Reuters’ Practical Law guide to insurance and reinsurance. The guide is a Q&A-style overview of insurance and reinsurance law in jurisdictions worldwide. The Vietnam chapter provides a detailed overview of the legal framework for the insurance and reinsurance market in the country, covering the following issues: Regulatory framework for insurance and reinsurance Authorization for insurers, reinsurers, and insurance intermediaries Ownership restrictions Ongoing requirements Penalties for noncompliance Sales and marketing of insurance and reinsurance Transfer of risk Reinsurance contracts and risks Contracts and policies Claims Dispute resolution Insolvency Tax Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The insurance and reinsurance guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the guide, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.

The collapse of a building under construction in Bangkok on March 28, 2025, following a powerful earthquake in Myanmar has sparked widespread public concern about the potential financial impact on local insurers and insurance implications. The construction site was insured under a contractors’ all risks (CAR) policy, and initial reports and market speculation suggest that the event could cause serious financial strain for the domestic insurance industry. Nevertheless, local insurers connected to the site of the collapse may face limited exposure for two main reasons: Reinsurance significantly mitigates local insurers’ exposure. According to market sources, 95% of the CAR coverage for the construction site was reinsured by foreign reinsurers. This is standard risk-management practice for large-scale infrastructure and construction projects, allowing local insurers to participate in underwriting while transferring most of the liability offshore. As a result, the direct financial impact on domestic insurers is expected to be minimal, subject to the reinsurance contracts and any potential claims disputes. Potential exclusions may apply. The Thai General Insurance Association has issued an interim public advisory noting that coverage under the CAR policy may be limited or excluded altogether, pending a full investigation. CAR policies often contain exclusions for certain events, depending on how the policy is worded and the actual cause of the incident. A thorough factual and forensic investigation will be necessary to determine the true cause and assess policy applicability. For further information or assistance in reviewing CAR or project insurance coverage in Thailand, please contact Athistha (Nop) Chitranukroh at [email protected], Witchupong Chittchang at [email protected], or Ajaree Trachukul at [email protected].

Thailand’s Ministry of Finance (MOF) has issued a new notification easing foreign shareholding and board limits for life insurers. This long-awaited update aligns with the draft notification that was previewed in May 2024, and reflects the MOF’s intention to enhance the stability and competitiveness of life insurers. Life Insurer Qualifications Life insurers may apply for permission to exceed 49% foreign shareholding or have a majority of foreign directors if: The life insurer operates in a manner that could harm the insured or the public, and either (1) the OIC has directed the company to improve its status or adjust its capital, or (2) the company’s actions may have a significant impact on the insurance industry, causing significant compensation burdens and affecting the company’s capital adequacy ratio (CAR); The life insurer’s shareholders are unable to increase capital; and The life insurer is unable to attract Thai investors to increase the capital necessary to ensure stability and the long-term operation of the business. Foreign Shareholder Qualifications To qualify, foreign shareholders must: Either be an insurance company or have at least 10 years of relevant experience in the insurance industry; Demonstrate financial stability and possess a credit rating (or have a parent company with a credit rating) of at least “A” from a reputable credit rating agency; Present a clear and comprehensive business plan to develop and promote the company’s efficiency and competitiveness in the industry; and Be able to make an investment that increases the company’s capital by at least THB 2 billion to maintain stability with a CAR of at least 250%. For more details on the MOF’s notification regarding criteria on foreign shareholding limits for life insurance companies, or on any issue concerning insurance regulations in Thailand, please contact Athistha (Nop) Chitranukroh at [email protected], Witchupong Chittchang at [email protected], Ajaree