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​ 

August 21, 2025
On August 18, 2025, Thailand’s Securities and Exchange Commission (SEC), in collaboration with the Ministry of Finance, the Anti-Money Laundering Office, and the Ministry of Tourism and Sports, announced the launch of TouristDigiPay. The initiative, implemented under the SEC’s Regulatory Sandbox, allows foreign tourists to convert digital assets into Thai baht for use in everyday transactions in Thailand. Foreign tourists who opt to participate in TouristDigiPay must open two accounts once they are in Thailand: An account with a licensed digital asset operator to sell or exchange digital assets for Thai baht; and A tourist wallet account with a licensed e-money operator regulated by the Bank of Thailand. Funds from digital asset sales will be transferred into the tourist wallet, enabling tourists to make payments at participating merchants that accept e-money. Key Regulatory Requirements The TouristDigiPay project will operate for a period of up to 18 months, with the following conditions: Only licensed digital asset brokers, dealers, and exchanges integrated with licensed e-money operators are eligible to participate. Operators must implement anti-money laundering (AML) protocols that are proportionate to the assessed risk level. These include: Conducting know-your-customer and customer-due-diligence (KYC/CDD) checks on all users. For monthly transactions exceeding THB 50,000 per person, verifying the source of the digital assets and assessing AML risk using internationally recognized blockchain forensic tools or equivalent procedures. Suspending or rejecting services if digital assets are transferred from wallets flagged for AML concerns. Ensuring that conversion between digital assets and fiat includes safeguards such as matching account names and returning digital assets only to the original wallet. The following transaction limits apply to participants in the TouristDigiPay initiative: Payments to small vendors are capped at THB 50,000 per month. Payments to vendors who have completed the know-your-merchant (KYM) process are capped at THB 500,000 per
August 15, 2025
More than a decade after the issuance of Decree No. 52/2013/ND-CP (as amended by Decree No. 85/2021/ND-CP; collectively, “Decree 52”), Vietnam’s legal framework for e-commerce is under growing pressure to keep pace with the evolving digital economy. While Decree 52 has provided a foundational framework, it has shown certain limitations in keeping up with issues such as counterfeit goods, intellectual property enforcement, unqualified products, and emerging models like livestream selling and affiliate marketing. To address these regulatory gaps, the Ministry of Industry and Trade (MOIT) has released the 2025 Draft E-Commerce Law (“Draft Law”) for public consultation. The Draft Law is intended to supersede the current framework under Decree 52 and establish a more detailed and comprehensive legal foundation for the regulations of e-commerce activities in Vietnam. It is currently expected to be submitted to the National Assembly for review and potential adoption during its 10th session in October 2025. In this article, we discuss the Draft Law’s most significant updates and legal developments in comparison to existing regulations, and assess the practical challenges that businesses may face in preparing for implementation in the near future. Platform Classification: Toward a More Nuanced Framework Unlike Decree 52’s simpler structure, which broadly categorized platforms into either (i) websites selling goods and services or (ii) websites providing e-commerce services, the Draft Law introduces a more detailed framework that aims to classify platforms based on their technical functions and business models. Specifically, the Draft Law introduces a four-tier classification system for e-commerce platforms, consisting of: (i) Direct Business Platforms, (ii) Intermediary Platforms, (iii) Social Networks with E-Commerce Functions, and (iv) Multi-Service Integrated Platforms. This approach reflects an effort to more accurately capture the complexity of today’s e-commerce landscape, including hybrid platforms such as TikTok Shop. While this approach reflects the growing complexity of
August 6, 2025
Thailand’s Digital Government Development Agency (DGA) has released drafts of two pivotal documents to guide Thai government agencies in adopting cloud technology and classifying data for cloud usage. These draft guidelines, open for public hearing through August 12, 2025, are part of the national “Go Cloud First” policy, which aims to accelerate digital transformation, improve efficiency, and ensure robust data security across the public sector. The new standards will have significant implications for both government agencies and cloud service providers operating in Thailand. Highlights of the draft guidelines are presented below. Government Cloud Usage Guidelines Cloud-first transformation: All government agencies are directed to prioritize cloud solutions for new IT projects, in line with the cabinet’s “Go Cloud First” policy. Cloud model selection: Agencies must assess their needs and select the most appropriate cloud deployment model—public, private, hybrid, or community cloud—based on the sensitivity of the data and operational requirements. Service types: The guidelines provide criteria for choosing between Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS), emphasizing the importance of using standard, non-customized services where possible. Cost management: Agencies are required to plan and separate cloud-related expenses, ensuring transparency and efficient budget allocation. Cloud migration: The guidelines outline the steps for migrating to the cloud and highlight the role of cloud service providers in facilitating the process, including supporting innovation and enabling smooth exit strategies. Procurement compliance: All cloud procurement must comply with public sector procurement laws and regulations. Only providers meeting government-mandated standards can be selected. Security and shared responsibility: The guidelines clarify the division of security responsibilities between cloud providers and government agencies. While providers manage infrastructure security, agencies remain responsible for data, application, and access controls. Legal framework: Agencies must comply with the Digital Government Administration Act, Cybersecurity
August 1, 2025
Thailand’s Personal Data Protection Committee (PDPC) announced to the press on August 1, 2025, that it had issued eight new administrative fines under Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) in five cases of noncompliance by public and private entities. The enforcement actions reflect a growing commitment by the PDPC to penalize noncompliance across all sectors, regardless of organizational type or size. The total amount imposed to date was approximately THB 21.5 million (approx. USD 654,690), underscoring the financial risks tied to PDPA violations. The five cases—one involving a state agency and the remainder in the private sector—are summarized below. Case 1: State Agency Providing Online Services to the Public The order in this case stemmed from a cyberattack on a state agency’s web app, resulting in personal data of 200,000 data subjects being leaked to and sold on the dark web. The software developer was also found to have implemented no privacy by design, lacked an access control system, had no data breach prevention measures, and failed to conduct risk assessments or review existing security measures. Key noncompliance identified: Lack of appropriate security measures Weak password protection No risk assessment or ongoing review of security measures No data processing agreement with software developer that acted as data processor The state agency and the developer were each fined THB 153,120 (approx. USD 4,670). Case 2: Private Hospital This case involved a hospital that engaged an individual contractor to destroy patient medical record documents. However, the contractor stored the documents at their own premises, failed to follow the required destruction protocols, and ultimately used the medical records to wrap sweets, resulting in the leak of over 1,000 records during the destruction process. The contractor also failed to notify the hospital of the data breach. Although there was a