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​ 

October 3, 2025
On September 26, 2025, the Contract Committee under Thailand’s Consumer Protection Board issued a regulation that aims to standardize contracts and enhance consumer protection within the beauty and wellness industry. The Notification on Prescribing the Beauty Service Business as a Contract-Controlled Business B.E. 2568 (2025), which takes effect on January 24, 2026, requires business operators to use a prescribed standard contract in Thai and adhere to strict mandatory provisions and prohibitions. These regulations apply to operators across all in-person and online service channels, including via digital platforms. “Beauty services business” is defined as the provision of services under an agreement allowing consumers to receive a series of treatments, either over a set number of sessions or within a set period. This includes massage, spa, other methods for cleanliness, beauty, or care of facial or body skin, and weight control and body shaping—including services offered electronically. The law excludes surgery, liposuction, and medical treatments performed by licensed practitioners. The notification establishes the following key requirements: Mandatory contract and formatting. All contracts with consumers must use the standard contract form, in Thai, with clear, readable text (minimum font size of 2 millimeters, no more than 11 characters per inch), and include all essential terms from the annexed form. Contract execution. Contracts must be made in duplicate, with one copy given to the consumer at signing. For agreements concluded through electronic channels, the process must comply with the Electronic Transactions Act and use the same required terms. Digital platforms. Business operators who provide services facilitated through a digital platform as an intermediary are ultimately responsible for ensuring the consumer receives a compliant contract. Prohibited clauses. The law prohibits clauses that limit or exclude liability for damages to life, body, health, mind, or property resulting from breach of contract or a wrongful act;
Read More
September 26, 2025
As Vietnam accelerates its digital transformation, data centers have emerged as critical infrastructure supporting the shift toward a digital government, digital economy, and digital society. For businesses targeting Vietnam’s rapidly growing data center market, a clear understanding of the evolving regulatory landscape, compliance obligations, and government incentives is key to successful market entry and operation. This article provides a strategic overview of investment opportunities and key compliance requirements in Vietnam’s dynamic data center sector. Investment Incentives to Boost Data Center Growth Since July 1, 2024, organizations and individuals across all economic sectors have been encouraged to invest in and contribute to the development of data centers. By law, there are no restrictions on shareholding ratios, capital contributions, or foreign investor participation in data center and cloud computing services under business cooperation contracts. Currently, investment in AI data centers is classified as a specially incentivized industry, qualifying for preferential treatments and incentives in terms of investment, taxation, land use, and other related areas. Large-scale data centers, together with AI and cloud computing, are currently considered as strategic technologies and products for which Vietnam offers significant fiscal, tax, and land incentives to promote investment. Additionally, these large-scale projects may receive direct financial support from local development budgets for facility construction, technical infrastructure, and equipment procurement, subject to state budget provisions and applicable laws. AI data center construction projects also enjoy preferential treatment under customs regulations. Regulatory Approvals for Providing Data Center Services The 2023 Telecom Law and its guiding documents marked a significant milestone by classifying data center services as value-added telecom services. Under the law, a data center service is defined as a telecom service that enables users to process, store, and retrieve information via a telecom network through the leasing of part or all of a data center. A
Read More
September 24, 2025
On September 12, 2025, the Bank of Thailand (BOT) officially released its AI Risk Management Guidelines for Financial Service Providers, building upon the draft guidelines issued in June 2025. The guidelines reflect a balanced approach, encouraging innovation while safeguarding financial stability and consumer protection. The guidelines are targeted at all financial service providers, including financial institutions and special financial institutions under the Financial Institution Business Act, as well as payment providers under the Payment Systems Act. The guidelines apply to both AI systems developed in-house and those developed by third parties that are adopted for use by financial service providers. AI Risk Management Guidelines The two main pillars in managing AI risk are (1) governance of AI system implementation and (2) AI system development and security controls, consisting of the following key elements: 1. Governance Stakeholder roles and responsibilities. Boards and senior management assume accountability for decisions and operations involving AI systems, and are responsible for defining roles and responsibilities for AI oversight. This includes establishing an AI system usage policy, designating personnel responsible for AI risk management, and building awareness of AI-related risk within the organization. Organizations are expected to foster internal capabilities to use AI securely and avoid overreliance that could compromise business continuity or customer service. AI system usage policy. Policies governing AI usage should align with organizational goals, regulatory obligations, and recognized responsible AI frameworks—such as the FEAT principles (fairness, ethics, accountability, and transparency). These policies should be reviewed regularly to respond to technological advancements and evolving risk profiles. Risk management throughout the AI lifecycle. Risk management should encompass the entire AI lifecycle, from establishing risk appetite to implementing continuous risk assessment and control measures tailored to specific use cases. Financial service providers should assess risks and impacts of AI usage on operations and customer services.
Read More
September 22, 2025
On September 15, 2025, Vietnam’s Ministry of Science and Technology announced that the country will issue an updated version of its National AI Strategy (first issued in 2021) and its first-ever AI Law by the end of this year. The ministry emphasized that the AI strategy is not just a legal framework, but a commitment to embracing AI to drive Vietnam into a new era. The AI adoption plan is set as a priority of the country, and marks a significant step in shaping Vietnam’s AI governance and innovation landscape. Highlights of the plan include the following: Strategic vision. Vietnam’s ambition is to leverage AI for economic growth, social development, and global competitiveness, under the guiding principle “AI for humans – safe, autonomous, cooperative, inclusive, and sustainable.” AI as national infrastructure. The updated strategy positions AI as core national infrastructure, comparable to electricity or the internet, aiming to provide every citizen with a “personal digital assistant.” Core principles for AI legislation. The AI Law will be built around the following six core principles: Risk-based regulation Transparency and accountability Human-centric development Domestic AI autonomy AI as a driver of sustainable growth Digital sovereignty, with data, infrastructure, and AI technology being three strategic pillars Ethics and openness. A National AI Ethics Code will accompany the upcoming law, aligned with international standards but tailored to the Vietnamese context. The government emphasizes open standards and open-source development. Market development and incentives. The government plans to expand domestic AI adoption, particularly in public services and key industries. The National Technology Innovation Fund (NATIF) will allocate at least 40% of its budget to AI projects, prioritizing SMEs through vouchers for locally developed AI solutions. Background on AI Law Development Regulations on AI are found in various Vietnamese laws and regulations, notably the recently adopted Law
Read More