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 25, 2025

Setting the Ground Rules: The Importance of Implementing Internal GenAI Policies

Generative artificial intelligence (GenAI) is no longer a distant innovation confined to science fiction and research labs; it has become an integral part of daily business operations worldwide. Employees across industries are adopting GenAI tools at a remarkable pace—including in Southeast Asia, where a tech-savvy workforce and widespread internet and mobile access have driven early adoption.

The reality facing organizations today is clear: employees are integrating GenAI into their daily work, often without official approval or clear policies. This phenomenon, often called “Bring Your Own AI,” comes out of a disconnect between organizational governance and employee behavior and reveals the urgent need for proactive AI policies and oversight.

For business leaders and legal teams, GenAI is both an opportunity and a challenge. On one hand, these tools can deliver real business value and boost efficiency. On the other, the unsanctioned and unmonitored use of GenAI introduces substantial legal risks, such as data privacy violations, confidentiality breaches, and intellectual property issues.

The widespread adoption of GenAI tools by employees, regardless of official organizational stance or guidelines, demonstrates that prohibition is neither practical nor effective. A more strategic approach involves establishing comprehensive governance policies that encourage responsible AI use while managing the risks.

Organizations that take the lead in developing GenAI governance policies are better positioned to benefit from its transformative potential. The question isn’t whether GenAI will change how we work, but how quickly organizations can put the right safeguards in place to manage this change successfully.

Risks of GenAI Use

The use of GenAI in business operations, whether sanctioned or not, exposes organizations to a unique set of risks. The following are particularly relevant:

  • Data security and confidentiality: General GenAI tools in the market may transmit data to external servers, retain conversation histories, and use inputs for model training. Further, employees may share confidential organization or client information without realizing the implications, increasing the risk of unintentional data leakage and unauthorized disclosure—especially since it can be difficult for organizations to know which GenAI tools employees are using and what types of information they are sharing.
  • Data protection and regulatory compliance: The evolving legal landscape regulating AI creates compliance challenges across multiple jurisdictions. Organizations must navigate complex data protection laws like Thailand’s Personal Data Protection Act (PDPA) and Vietnam’s Personal Data Protection Decree (PDPD), each with different compliance requirements. In the absence of AI-specific legislation, sector-specific regulations also add additional complexity, while unclear regulatory guidance often leaves organizations operating in legal uncertainty, particularly when using AI for decision-making that impacts individuals or when deploying AI systems that interact directly with customers.
  • Intellectual property risks: AI-generated content raises yet-to-be-answered questions about ownership, originality, and copyright infringement. Additionally, proprietary information shared with GenAI tools can be inadvertently incorporated into model training data, potentially compromising trade secrets or violating confidentiality agreements.
  • Governance and accountability: Disjointed and unregulated or inadequately governed GenAI adoption creates oversight gaps, making it difficult to track usage, assign responsibility for outputs, or respond to incidents. In addition, traditional approval processes may not account for AI-assisted work, creating quality control issues.

Developing an Internal GenAI Policy

Forward-thinking organizations across Southeast Asia are establishing internal policies that provide clear direction for both approved and unapproved AI use. These policies form the cornerstone of responsible AI adoption in these organizations by balancing innovation with effective risk management.

An effective AI policy functions as both a protective framework and an enablement tool. Rather than simply listing restrictions, the most effective policies provide practical guidance that empowers employees to leverage AI capabilities while maintaining organizational standards. This approach requires addressing several critical components when developing an AI policy, including, among others:

  • Policy scope: Effective AI policies begin with a clear articulation of their purpose, defining exactly which AI tools and use cases are governed by the policy, including distinguishing between enterprise-approved solutions and general AI tools in the market.
  • Access and authorization: Organizations should define user tiers and access levels, specifying which roles are permitted to use specific AI tools and under what circumstances. This includes establishing approval processes for new AI tool adoption and creating exceptions for specialized use cases.
  • Data governance and privacy protection: As GenAI tools may process personal information, policies must establish strict protocols for data handling. This encompasses defining what types of data can be shared with AI systems and ensuring compliance with regional privacy regulations such as Thailand’s PDPA or Vietnam’s PDPD.
  • Accountability and verification: Policies should also assign internal accountability for AI-generated content and outputs. It is important to establish appropriate review protocols based on the type of AI-assisted work, along with guidelines for transparently disclosing when and how AI was used, especially in client-facing materials or critical decision-making, which may require human validation.
  • Monitoring and incident response: Effective policies establish clear procedures for tracking AI usage, identifying potential misuse or unacceptable output, and responding to security incidents, policy violations, and AI-related incidents such as hallucinations or biased outputs. This includes defining escalation procedures and reporting mechanisms.
  • Vendor management: As organizations increasingly rely on third-party AI services, policies must address vendor evaluation criteria, contract requirements, and ongoing performance monitoring to ensure external AI providers meet legal obligations, data protection requirements, and operational expectations related to security, accountability, and transparency.

Given the rapid pace of AI development, policies should include review cycles, update mechanisms, and processes for incorporating new regulatory requirements or technological capabilities. They should also provide a framework for assessing emerging technologies and adapting policy coverage to reflect evolving risks and capabilities.

Finally, organizations should hold comprehensive education and training sessions to ensure that employees understand both the capabilities and limitations of AI tools, recognize potential risks, and follow organizational policies when using AI in their work.

Proactive Implementation

The GenAI revolution isn’t waiting for businesses to catch up—it’s already here, integrated into daily workflows. Organizations can either proactively implement robust governance frameworks to safely harness AI’s immense potential or risk falling behind in an increasingly complex and fast-moving landscape.

By establishing clear guidelines, accountability structures, and effective risk management protocols, organizations can confidently leverage AI capabilities to encourage innovation while maintaining oversight and minimizing risks. This approach not only builds stakeholder trust and ensures regulatory compliance but also encourages greater AI adoption and transparency among employees. With well-designed guardrails in place, employees can confidently and responsibly integrate GenAI into their work.

Ultimately, organizations that strike the right balance between innovation and responsibility will be best positioned to lead in the GenAI era.

RELATED INSIGHTS​ 

January 8, 2026
Thailand has enacted comprehensive sexual harassment legislation that significantly expands criminal penalties and creates new compliance obligations for online platform operators. The Act Amending the Penal Code (No. 30) B.E. 2568 (2025), enacted on December 29, 2025, and taking effect the following day, introduces a comprehensive definition of sexual harassment, establishes new criminal offenses with graduated penalties, and imposes content removal obligations on social media platforms and computer system service providers. The amendment, which establishes a comprehensive framework for addressing sexual harassment in both physical and digital environments, significantly expands legal exposure for online service operators. It also grants courts authority to order takedowns of violating data accessible to the public. Definition of Sexual Harassment The law introduces “sexual harassment” as a distinct statutory concept covering physical conduct, verbal conduct, sounds, gestures, expressions, postures, communications, surveillance, stalking, and acts committed through computer systems or electronic devices. Conduct qualifies as sexual harassment when it is sexual in nature and likely to cause the victim distress, annoyance, embarrassment, humiliation, fear, or a sense of sexual insecurity. Criminal Offenses and Penalties The amended Penal Code establishes graduated penalties based on the severity and context of the harassment—including enhanced penalties for public or online conduct. For instance: Basic sexual harassment is punishable by imprisonment for up to one year, a fine of up to THB 20,000, or both. Continuous or repeated harassment that prevents normal life escalates penalties to imprisonment for up to two years, a fine of up to THB 40,000, or both. Critically for online operators, harassment committed in public places, in the presence of the public, or through computer systems accessible to the general public triggers imprisonment for up to three years, a fine of up to THB 60,000, or both. Acts of harassment committed by supervisors, employers, or others
January 6, 2026
On December 30, 2025, Thailand’s Electronic Transactions Development Agency (ETDA) notified digital marketplace operators of a consolidated list of “high‑risk products” that are subject to strict monitoring on digital platforms. The list was jointly prepared by the Thai Industrial Standards Institute (TISI) and the Food and Drug Administration (FDA) to guide platform compliance in the initial phase of implementation of the Electronic Transaction Committee’s Notification on Other Measures for Marketplace for Goods with Specific Characteristics under Section 18(2) of the 2022 Royal Decree on Digital Platform Businesses Requiring Notification B.E.2568 (2025). The notice is addressed to operators of digital platform services that function as product marketplaces with specific characteristics laid out in the notification. The ETDA states that the TISI and the FDA are closely monitoring the high‑risk product categories on digital platforms, and the published list serves as the baseline reference for platform screening during the initial phase of the notification’s implementation. High‑Risk Product List The list aggregates categories of products that are illegal to sell online or are otherwise tightly regulated under Thai law, with an emphasis on health-related products, controlled substances, medical devices, and a wide range of industrial products that require certification or compliance with specified Thai Industrial Standards, as detailed below. Prohibited and tightly controlled health products. This includes all categories of modern medicines subject to control other than general household remedies; all categories of controlled herbal products except for over-the-counter herbal products; narcotics; psychotropic substances; and medical devices requiring use in medical facilities or a physician’s prescription. Selected industrial products requiring heightened controls. The list highlights dozens of TISI-regulated items commonly sold online. Examples include pacifiers, rice cookers, electrical wire, food wrap film, crayons, washing machines and dryers, air conditioners, electric cookers and air fryers, water heaters, microwave ovens, LED luminaires, hair dryers
January 5, 2026
On December 31, 2025, the government of Vietnam promulgated Decree No. 356/2025/ND-CP detailing and guiding the implementation of the new Personal Data Protection Law (PDPL) that was issued in June 2025. The new decree, like the PDPL, entered into force on January 1, 2026, with the previous Decree No. 13/2023/ND-CP on personal data protection ceasing effect on the same day. Some key points of the new decree include the following: Comprehensive lists of basic and sensitive personal data are provided, which will require companies to review again their existing documents and data type classification to ensure compliance. New timelines are established for responding to specific data subject requests. These timelines are more reasonable and longer than the previous 72-hour requirements. Additional consent guidelines are provided, prohibiting default consent or ambiguous instructions that confuse data subjects about giving or withholding consent. Mandatory content for data transfer agreements/clauses in particular cases is provided. This covers, among other things, (i) the legal basis for the transfer of personal data; (ii) responsibilities for personal data protection during the transfer and processing of personal data; (iii) responsibilities for ensuring the exercise of the rights of personal data subjects; and (iv) responsibilities for coordination and compliance of the parties in cases where violations of personal data protection regulations are detected. The qualifications and responsibilities of data protection officers (DPOs) and data protection departments include, among others, having been trained and fostered in legal knowledge and professional skills regarding personal data protection. There are no specific provisions governing the qualifications or requirements for organizations that provide data protection training or education. New mandatory templates and requirements are provided in relation to data processing impact assessment and data transfer impact assessment, and for cases in which companies need to re-submit assessments to the regulator. Stricter requirements are
December 30, 2025
On December 17, 2025, Laos’ Ministry of Industry and Commerce (MOIC) issued a notice introducing a new digital system that allows e-commerce businesses to obtain required certificates and licenses through an online, application-based platform. Notice No. 3988, which will take effect on February 1, 2026, introduces the E-Trust platform, a downloadable application that allows e-commerce businesses to remotely obtain acknowledgement certificates and business operating licenses. New Digital Registration Options Under the previous framework established by the Decree on E-commerce (2021), businesses were required to complete registration exclusively through paper-based submissions. The new system now offers businesses two registration options: Traditional paper-based process at the Division of E-commerce Management within the MOIC; or Electronic registration and renewal through the E-Trust platform. This change is expected to streamline procedures, reduce administrative burdens, and enhance accessibility for businesses operating outside Vientiane. The E-Trust platform facilitates compliance for both individuals and legal entities required to submit applications and renewals for required certificates and licenses. The development is particularly beneficial for businesses located in remote provinces, as it eliminates the need for physical travel and significantly accelerates processing times. Compliance Requirements and Penalties Businesses must obtain or renew the required certificates and licenses to avoid sanctions under the Decision on Fines and Other Measures for Violation of the Decree and Regulations on E-commerce (No. 2828/MOIC, dated November 11, 2025). Penalties for noncompliance may include monetary fines and other enforcement measures.