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

August 22, 2023

Thailand Details Partial Exemption of Data Controllers’ Duties

Subscribe to Updates

On August 17, 2023, the Thai government rolled out a royal decree that provides certain exemptions to data controllers’ obligations under the Personal Data Protection Act B.E. 2562 (PDPA). The royal decree, which will come into effect after the lapse of 150 days from its publication in the Government Gazette, reflects the government’s ongoing quest to strike a balance between privacy, state interests, and the data protection regulatory burden on organizations.

The royal decree seeks to clarify the circumstances in which data controllers—including business operators and state agencies—are exempt from certain PDPA requirements on the collection, use, and disclosure of personal data and data subject rights. In doing so, it establishes three foundational pillars in considering exemptions:

  • Collection or requests for personal data are to be for the public interest pursuant to the purpose and scope prescribed by any law authorizing a state agency to carry out a certain action, without imposing an undue burden on the data controller responsible for disclosing the personal information.
  • Data controllers can share personal data without the data subject’s consent if legally authorized state agencies request it and specify the statutory provisions granting authority to request the data.
  • Data subjects and data controllers of requested personal data must have the right to submit complaints to the PDPA’s Expert Committee or seek its expertise for clarification or determination.

Under the three foundational pillars, data controllers will be partially exempted from certain requirements under the PDPA when the following state agencies request personal data:

  • The National Anti-Corruption Commission or other government entities with mandates aligned with anticorruption laws;
  • The Revenue Department, Customs Department, Excise Department, or other governmental units operating under taxation laws;
  • Local governmental bodies recognized by the Personal Data Protection Committee (PDPC), or any government unit with mandates as per the laws related to land and building taxation;
  • The Secretariat of the Cabinet, executing responsibilities as defined by the laws concerning the royal prerogatives of the monarch; and
  • State agencies acting in line with laws concerning significant public interests.

The exemption further extends to the collection, use, and disclosure of personal data by data controllers for international legal matters, covering deportation, extradition, and combating transnational organized crime.

Even with certain provisions exempted, the core duties of data controllers in ensuring data security and accuracy of personal data remain. Data controllers are still obligated to implement security standards meeting the criteria to be set forth by the PDPC within 120 days of publication of the royal decree in the Government Gazette. In certain circumstances, data controllers must also promptly act on a state agency’s instruction to correct and update data subjects’ personal data.

For more details on any aspect of compliance with Thailand’s data protection laws and regulations, please contact Tilleke & Gibbins data privacy specialists Nopparat Lalitkomon at [email protected] or Gvavalin Mahakunkitchareon at [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

December 4, 2025
Thailand has expanded the circumstances under which state agencies may bypass competitive bidding procedures to address urgent security challenges. On November 28, 2025, Thailand’s Ministry of Finance published the Ministerial Regulation Determining Cases of Procurement by Specific Method (No. 6) B.E. 2568 in the Royal Gazette, introducing a new pathway for procuring supplies and services needed to address cyber and military threats that may affect the stability of government agencies or the nation. For technology vendors, cybersecurity firms, and defense contractors, this regulatory change creates immediate opportunities to engage directly with government buyers facing urgent security challenges. New Fast-Track Category for Security Threats The regulation amends Thailand’s Public Procurement and Supplies Management Act B.E. 2560 (2017) to add a new category of procurement that qualifies for the “specific method”—a noncompetitive, direct selection process. Previously, agencies could use this expedited method only in limited circumstances, such as emergencies, cases with proprietary technology requirements, or national security operations. The new provision explicitly covers procurement of supplies related to preventing or resolving cyber or military threats that could impact the stability of a state agency or the country. This addition recognizes the urgent nature of modern security challenges, where competitive bidding timelines may leave agencies vulnerable during critical threat windows. State agencies dealing with active cyberattacks, preparing defensive measures against anticipated threats, or responding to military security concerns can now move directly to negotiate with qualified vendors rather than conducting lengthy public tender processes. Vendor Considerations Vendors offering cybersecurity solutions now have a regulatory avenue to work directly with government clients when stability concerns are present. These solutions include threat detection systems, anti-ransomware tools, incident response services, firewalls, and security consulting. Similarly, defense contractors providing military equipment or specialized security supplies can pursue direct engagement channels where traditional procurement methods would create
Read More
December 3, 2025
Thailand’s Civil Court has issued a regulation targeting the use of artificial intelligence (AI) in the preparation of pleadings and other documents submitted to the court. Effective November 17, 2025, the regulation aligns with September 2025 guidance from the president of the Supreme Court, and aims to safeguard accuracy, transparency, and public confidence in civil adjudication. The regulation applies to all parties submitting pleadings or any documents to the Civil Court that are prepared using AI tools or contain AI-generated content. It subjects AI used for these purposes to strict requirements on verification, disclosure, and accountability. Core Obligations The regulation imposes four principal obligations: Lawyers who use AI remain subject to duties of honesty, responsibility to the court, professional standards, and legal ethics, including the duty to assess the appropriateness of the AI tool for the work. Parties and lawyers must verify the accuracy and completeness of all facts, legal provisions, and citations in AI-generated content before submission. Parties and lawyers must disclose to the court any AI-generated content by clearly marking the beginning and end of the AI-generated portion with prescribed statements (see below). Additionally, a certification confirming the use of AI must be provided at the end of the pleading or document, stating that AI was used for certain portions and that the party has reviewed and certifies the accuracy of factual and legal content. Parties and lawyers bear the same full legal and ethical responsibility for AI-generated content as they do for personally authored documents; they cannot evade responsibility or avoid liability by citing AI-related errors. Likewise, parties must ensure that any AI-generated content is truthful, accurate, and unbiased. Prescribed Disclosure Language Each instance of AI-generated content must be preceded by the statement “[The following content was prepared using artificial intelligence]” and must end with “[End
Read More
November 24, 2025
A recent warning from the Central Bank of Myanmar (CBM) against cryptocurrency use upholds the country’s ongoing strategy of enforcing strict prohibitions on unauthorized cryptocurrency activities while also promoting the controlled development of a central bank digital currency (CBDC). The CBM’s warning, issued November 16, 2025, reminded the public of announcements in May 2019 and a notification in May 2020 confirming that all online and offline cryptocurrency transactions are strictly prohibited. The CBM also clarified that no financial institution in Myanmar is authorized to deal with digital currencies. The warning highlighted global risks, such as money laundering, scams, tax evasion, hacking, and severe financial losses caused by price volatility and insufficient regulation. The CBM urged the public to use only legitimate banking channels and avoid illegal cryptocurrency activities. The warning comes five months after the CBM issued a notification announcing the formation of the Central Committee for the Issuance of a Central Bank Digital Currency. This committee includes senior CBM officials, representatives from relevant ministries and the banking sector, and technology experts. Its main role is to research CBDC models, test secure digital payment systems, and ensure that any future implementation aligns with Myanmar’s monetary policy and financial stability objectives. Taken together, these two actions illustrate the CBM’s continued pursuit of its dual strategy to promote innovation through CBDC development while prohibiting cryptocurrency use. Businesses should note that while CBDC pilot programs may appear in the future, cryptocurrencies remain off-limits.
Read More
November 14, 2025
Interest in data center land acquisition has increased significantly over the past year, with a notable rise in inquiries from investors seeking to establish digital infrastructure in Thailand. Although the sector is still in its early stages, this emerging wave of development represents a significant shift in Thailand’s technology infrastructure landscape, driven primarily by multinational technology companies and operators looking to expand their regional presence. Project Development The data center sector in Thailand is attracting a diverse range of international investors, though with clear geographic patterns. Most investors are from China, Singapore, and Japan, with some additional interest from countries outside Asia, including the United States and Europe. This investor base consists primarily of multinational tech companies and operators seeking to establish new facilities rather than acquire existing assets. Data center business activities are also a sector promoted by Thailand’s Board of Investment (BOI), which offers investors both tax and nontax privileges as well as exemptions to foreign investment and land-ownership restrictions. Projects currently underway are still largely in the land acquisition and construction phase. Unlike more mature markets where many facilities are operational and generating revenue, the predominant focus in Thailand remains on securing suitable land and beginning the building process. This means that while interest is high and land assembly is accelerating, the sector as a whole has not yet reached the operational phase that will ultimately drive licensing applications and full regulatory compliance. The licensing process itself remains at an early stage, as most projects must first complete their facilities before applying for the specific licenses required from the telecommunications authority. Once the facilities are built, the next critical step will be obtaining these telecommunications licenses, which are mandatory for data center operations. Legal and Regulatory Considerations The complexity of data center development in Thailand requires
Read More