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

May 12, 2021

Personal Data Protection Act: Royal Decree Extends Compliance Date to June 1, 2022

Subscribe to Updates

Further to the Thai Cabinet’s approval in principle of another one-year exemption from certain provisions under the Personal Data Protection Act (the PDPA), Royal Decree Re: the PDPA (No. 2) was issued on May 8, 2021, to implement the decision and definitively confirm the exemption to the end of May 2022.

The royal decree extends the original one-year exemption period (implemented by a previous royal decree, issued in May 2020) from May 2021 to the end of May 2022. As a result, the provisions relating to personal data protection, data subject rights, complaints, civil liabilities, penalties, and grandfather provisions, will not be effective in June 2021, but will instead take effect on June 1, 2022.

The extension is applicable to a wide-ranging list of operations including banking, commercial activities, communications and telecommunications, construction, digital, education, energy, finance, insurance, medical and public health, professional practices, real estate, tourism, and transportation (among others).

What does the extension mean for businesses?

  • The extension will give businesses more flexibility in preparing for compliance with the PDPA.
  • During the extension period, businesses should continue to monitor supplemental regulations that will be issued for public hearings before implementation. As with the principles recognized in the PDPA itself, which are materially influenced by international data protection standards (especially the EU’s General Data Protection Regulation, or GDPR), the government has publicly announced that the supplemental regulations will recognize and follow international standards of personal data protection (again, particularly those of the GDPR).
  • Overseas-established businesses may fall within the scope of the PDPA if they are offering goods or services to data subjects in Thailand (with or without an exchange of money or other valuable property) or monitoring the behavior of data subjects taking place in Thailand. This is sometimes referred to as “extraterritoriality,” and is similar to an internationally recognized principle of the GDPR.
  • Data controllers must still implement security measures for personal data protection, in accordance with the standards prescribed by the Ministry of Digital Economy and Society (MDES). The MDES is expected to issue another notification on those standards in the near future, similar to the prior MDES notification dated July 17, 2020, which is due to expire at the end of this month. The requirements will likely follow the same principles (such as access control standards, user responsibilities, record monitoring, etc.).
  • Businesses that have not yet conducted their self-assessment for compliance with the PDPA should take this opportunity to begin the process, start identifying compliance gaps, and develop their mitigation plans for closing such gaps.

PDPA compliance assessment suggestions

When conducting PDPA compliance-related activities, we recommend that businesses (i.e. data controllers) avoid focusing too much on collecting consent from their individual customers if possible, as relying on consent as the lawful basis is vulnerable and can be withdrawn at any time. As the PDPA is still relatively new, a common misconception has arisen that consent is always required, but this is not the case. In fact there are several more durable lawful bases that data controllers can rely upon, such as contractual necessity, legitimate interest, and legal obligations, which should be made use of where possible.

In addition, when preparing a privacy notice for compliance with the PDPA notification requirements (under section 23 of the act), businesses should ensure that the notice provides “clear and sufficient information” so that the data subjects can understand and reasonably expect the implications that may arise as a result of providing their personal data.

It should be highlighted that, unlike other requirements, the concept and requirements for personal data about children (minors) differ from international standards as they have been localized for Thailand specifically to align with the provisions relating to minors under the Thai Civil and Commercial Code.

With regard to PDPA cross-border transfer requirements, international and local MNCs with affiliates and subsidiaries in multiple jurisdictions may consider preparing their binding corporate rules (or localizing them as appropriate) for cross-border transfers of personal data within their group of companies.

The Personal Data Protection Commission’s supplemental regulations will be issued in due course to give more clarity on the 72-hour data breach notification requirements and the data protection officer (DPO) required qualifications.

Lastly, the PDPA includes a grandfather provision that could enable businesses to continue to collect and use personal data within the scope of their original purpose after the PDPA becomes fully effective in 2022. Business should pay careful attention to those requirements and their implications for existing practices and processes when implementing their compliance plan.

Related Professionals

Industries

Aviation

Consumer Products

Energy

Insurance

Life Sciences

Technology

Practices

Corporate/M&A

Location

RELATED INSIGHTS​ 

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
August 10, 2026
On June 17, 2026, Indonesia’s National Agency of Drug and Food Control (BPOM) issued BPOM Regulation No. 10 of 2026 on Nutritional Information on Processed Food Labels. The new regulation, which revokes three previous nutrition labeling regulations, introduces several notable changes affecting food and beverage manufacturers, importers, and distributors. These changes range from updated nutrient reference values and serving-size requirements to the introduction of the Nutri-Level front-of-pack labeling system for certain beverage products. Businesses operating in Indonesia should carefully review these developments and assess their products’ compliance with the new requirements during the transition period. Implementation of the Nutri-Level Labeling System To implement the recently issued decree on Nutri-Level labeling, BPOM Regulation No. 10 of 2026 stipulates the requirements to implement the Nutri-Level labeling system on the front-of-pack. Under the new framework, ready-to-drink beverages, powdered beverages, and liquid or solid concentrates are required to display Nutri-Level labeling on the front label of their packaging. The Nutri-Level labeling system classifies products into color-coded levels A through D based on their sugar, sodium, and total fat content. The applicable Nutri-Level is determined based on the lowest level measured in the assessment of sugar, sodium, and total fat content. For products classified as level C or D, the Nutri-Level label must be accompanied by information on the relevant sugar, sodium, and total fat content per 100 ml of the ready-to-consume product. Products classified as level A or B may either display only the Nutri-Level designation or display the Nutri-Level together with the relevant nutritional information per 100 ml. Minimum Vitamin and Mineral Content Required for Declaration BPOM Regulation No. 10 of 2026 introduces a stricter threshold for the declaration of vitamins and minerals in the nutritional value information section (ING). Vitamins or minerals may only be declared if they are present at a
Read More