Thailand’s Personal Data Protection Act (PDPA) enforcement has entered a new phase, and the insurance industry is squarely in the regulatory spotlight. The Personal Data Protection Committee (PDPC) considers insurers “large-scale” processors of sensitive data—including health records, financial information, and biometric data—making the sector a focal point for enforcement action. In August 2025 alone, the PDPC issued administrative fines totaling THB 21.5 million, and fines for individual violations have ranged from THB 50,000 to THB 2 million. The PDPC has also deployed its “Eagle Eye Crawler,” an AI-driven surveillance tool that monitors websites around the clock for data leaks and noncompliant privacy notices. This article highlights the key regulatory developments directly affecting insurers and outlines practical steps toward compliance.

What Has Changed: OIC and PDPC Alignment

The Office of Insurance Commission (OIC) has synchronized its sector-specific rules with the PDPA through the Notification on Customer Personal Data Protection (No. 2) B.E. 2568 (2025). The combined effect of the PDPC’s general enforcement push and the OIC’s sectoral guidance creates four critical compliance areas for insurers.

• Consent unbundling. Consent for marketing must be strictly separated from the core insurance contract; bundling marketing consent into the policy application is no longer permissible.
• Agent and intermediary oversight. Insurance intermediaries are generally classified as data processors, meaning that insurers—as data controllers—must provide specific written instructions and security protocols to all agents and brokers. A 2026 enforcement trend shows controllers being held liable for the “weak security” of their vendors and downstream processors.
• Enhanced privacy notices. Insurers must provide a summary privacy notice alongside the full policy, plainly stating categories of data, purposes, lawful bases, disclosure recipients, cross-border transfers, retention periods, data subject rights, and easy marketing opt-out channels.
• DPO registration and ROPA. All organizations involved in “regular or systematic monitoring of data subjects on a large scale”—expressly including insurance—must appoint and register a data protection officer (DPO). The absence of a registered DPO or an outdated record of processing activities (ROPA) that fails to map agent-level data flows is now considered a high-risk compliance gap.

AI in Insurance: Draft PDPC Guidelines

The PDPC’s draft AI guidelines carry particular significance for insurers. The guidelines single out insurance risk assessments as an example of automated decision-making that produces legal effects or significantly affects data subjects. Organizations using AI-driven tools for underwriting, claims processing, or policy recommendations must implement a human-in-the-loop mechanism with actual authority to overturn AI decisions and must document processes for data subjects to request review. A data protection impact assessment (DPIA) is required for high-risk AI projects, including automated decision-making with legal effects and large-scale processing of sensitive data. Leakage of sensitive health or financial data through AI systems is categorized as high risk, requiring notification to both the PDPC and affected data subjects without delay.

Cross-Border Data Transfers

For multinational insurance groups, a binding corporate rules (BCRs) regulation became fully effective on February 17, 2026, providing a formal mechanism for intragroup cross-border transfers. Groups that already hold GDPR-approved BCRs may use a “fast-track” process by submitting their existing BCRs together with a Thailand addendum. Alternatively, Standard Contractual Clauses based on the ASEAN Model Contractual Clauses may be used for transfers to third-party reinsurers or service providers outside Thailand.

Practical Compliance Steps

Given the current regulatory landscape, insurers should consider the following immediate and near-term actions.

• Governance and organization. Register a DPO with the PDPC if not already done, and ensure that the DPO has a direct reporting line to senior management with sufficient authority and resources to fulfill the role. Update the ROPA to comprehensively map all processing activities, including data flows through agents, brokers, and third-party administrators.
• Consent architecture overhaul. Redesign application forms and digital onboarding flows so that marketing consent is presented as a separate, clearly labeled opt-in, entirely distinct from the consent required for the insurance contract itself. Ensure that refusal to consent to marketing does not affect the customer’s ability to obtain coverage.
• Agent and vendor compliance program. Issue updated written instructions and security protocols to all insurance intermediaries classified as data processors. Review and strengthen data processing agreements with all third-party processors, including specific provisions for PDPA responsibilities, security standards, audit rights, breach notification obligations, and end-of-term data deletion or return. Implement a periodic audit cycle—rather than relying on static contractual commitments—to verify vendor compliance.
• Privacy notice refresh. Prepare a concise summary privacy notice for distribution alongside insurance policies, covering all required elements under the OIC guidance. For digital tele-sales, implement prerecording disclosures informing customers that their voice or image data will be processed under the PDPA.
• AI and automated decision-making readiness. Conduct DPIAs for all AI-driven underwriting, claims, and risk-assessment tools currently in use or under development. Establish a documented human-in-the-loop process for any automated decision that produces legal effects on policyholders, including a clear escalation path and a mechanism for data subjects to contest decisions.
• Breach response preparedness. Ensure that internal incident response plans can meet the 72-hour notification deadline to the PDPC, with particular attention to AI-related data leakage scenarios.
• Cross-border transfer mechanism. For multinational groups, evaluate whether BCR certification—including the fast-track route—or SCCs provide the most efficient path for data transfers to group entities or reinsurers abroad.

Outlook

Thailand’s insurance sector faces a significantly more demanding compliance environment as PDPA enforcement matures and OIC alignment tightens. The convergence of stricter consent rules, expanded liability for intermediary conduct, new AI governance expectations, and a workable cross-border transfer framework means that insurers must move from reactive compliance to proactive data governance. Organizations that address these areas systematically—beginning with DPO registration, ROPA updates, and consent architecture—will be best positioned to manage regulatory risk and maintain the trust of their policyholders.