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

March 19, 2026

Thailand Opens Public Consultation on New PDPA Guidelines

Subscribe to Updates

Thailand’s Personal Data Protection Committee (PDPC) has launched a public consultation period to gather input for a forthcoming set of guidelines under the country’s Personal Data Protection Act (PDPA). This initiative follows the PDPC’s issuance of guidelines on consent and notification requirements in September 2022.

The main consultation period, using an online questionnaire to gather feedback, runs until March 23, 2026. In addition, an interview-style online session for private-sector participants was held on March 17, and a two-day in-person event will be held on April 1–2—this is already fully booked and  walk-ins will not be accepted, but the session will be livestreamed on the PDPC’s Facebook page.

The PDPC will use the public feedback to design draft guidelines that accurately reflect the operational realities of both public and private organizations, after which the guidelines will be shared with the public.

Consultation Scope

The PDPC has identified six priority areas for which upcoming guidance may be issued:

  • Legal bases for processing: The online questionnaire assesses respondents’ understanding of consent requirements and seeks views on priority issues, such as explanations of the legal bases and considerations for selecting an appropriate legal basis depending on the nature of the processing activity.
  • Security measures and data breach notification: The questionnaire examines respondents’ understanding of data breach reporting and security measure obligations. Topics proposed for inclusion in the guidelines include data breach prevention measures, incident response plans, risk assessment methods, and reporting procedures.
  • Data protection officers: Respondents are invited to share their expectations regarding the DPO’s role and their experiences in contacting a DPO. The survey also asks respondents to identify priority issues, such as response timeframes for data subject requests and complaint procedures.
  • Marketing and direct marketing: The online questionnaire seeks input on preferred topics for guidance, including individuals’ rights to refuse marketing communications, mechanisms for withdrawing consent, and methods for individuals to verify how organizations use their personal data for marketing purposes.
  • Records of processing activities: Proposed topics include the concept and importance of ROPAs and how individuals may exercise their right to request information regarding the processing of their personal data.
  • National ID cards and CCTV for access control: Some questions concern the collection of personal data through CCTV and other data capture methods. Proposed topics for guidance include data minimization, retention practices, and security measures.

The PDPC is also seeking feedback on the preferred format of the guidelines, which may include summary handbooks, infographics, case studies, FAQs, or comparative tables.

Practical Implications

Although the guidelines will be nonbinding, they are expected to have a significant influence on regulatory expectations and enforcement practices. Organizations may find it difficult to deviate from the recommended approaches once issued, as the PDPC is likely to rely on the guidelines when reviewing PDPA compliance. The guidelines are also expected to shape industry norms and may prompt organizations to revisit existing compliance frameworks.

Action Items

Interested organizations should aim to submit feedback through the online questionnaire by March 23, 2026, to ensure the guidelines reflect operational realities and sector-specific challenges.

Upon issuance of the final guidelines, which current indications suggest will be developed over approximately eight months, organizations should review their data protection framework to assess whether updates are required.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​

February 23, 2026
On February 17, 2026, Thailand’s Personal Data Protection Committee (PDPC) released its draft Guidelines on Personal Data Protection in the Development and Use of Artificial Intelligence. The draft guidelines, which translate data controller and data processor compliance obligations under the Personal Data Protection Act (PDPA) into measures tailored to AI development and deployment, are open for public comment until February 25, 2026. At a public hearing session on the draft guidelines held on February 19, the PDPC emphasized that its approach to AI is not to hinder innovation but to develop practical guidance supporting safe deployment while ensuring data protection. Although the guidelines are not legally binding, they indicate the regulator’s expectations and the likely direction of interpretation and enforcement. Scope of Application and Role of Stakeholders The guidelines will apply to all data controllers and data processors in Thailand, and to overseas data controllers and data processors whose data processing falls within the extraterritorial scope of the PDPA. The draft guidelines distinguish the roles of parties involved in AI deployment. Users of AI who determine the purpose of use and designate the input data, and retain outputs generated by the AI, are considered data controllers. In contrast, AI model providers or system integrators that process personal data under the instructions of the data controller are generally regarded as data processors. However, if an AI model provider utilizes user data for its own purposes, such as model fine-tuning or training, it may instead be classified as a data controller. Key Obligations for AI Data Collection and Use The basic principles of data processing under the PDPA must be maintained throughout the AI implementation lifecycle, from design to decommissioning, emphasizing accountability and privacy-by-design principles. The draft guidelines also stipulate the following: Data processing agreements (DPAs) should include model training prohibitions,
Read More
February 10, 2026
Data center and cloud investments are forming a major focus of private-sector investment in Thailand, with tech giants like Amazon, Google, Microsoft, and TikTok, as well as numerous telecom and data center companies, committing significant outlays to data center and cloud development. The country’s Board of Investment (BOI) approved projects worth THB 1.87 trillion in 2025, and THB 746 billion of this was from planned data center investments—by far the largest amount from any single industry. Thailand’s swift rise as a regional data center hub is fueled by surging demand for cloud, AI, and digital services, as well as large-scale investments from global tech firms. The country’s strategic location, competitive power costs, robust fiber infrastructure, expanding IT talent, and supportive government policies—including BOI incentives and streamlined approvals—have made it an attractive destination for scalable and sustainable digital infrastructure investments. The BOI’s proactive approach in updating promoted categories and providing both tax and non-tax incentives further ensures Thailand’s continued growth in this sector. 2025 BOI Changes for Data Centers In the middle of 2025, the BOI responded to the remarkable trend by updating investment‑promotion categories across various sectors (e.g., machinery and electrical equipment, public utilities, digital and innovative industries) to accommodate growing investment in data‑center projects. Before the change, which was detailed in a notification that has applied to investment promotion applications submitted from July 1, 2025, onward, data‑center projects under BOI promotion were granted a single A1 incentive (an eight‑year corporate income‑tax exemption) and subject to one uniform set of conditions. The July 2025 notification restructured promotion for data centers into two categories based on power‑usage efficiency: high‑efficiency data centers and other data centers. Under these rules, qualified high‑efficiency data centers are eligible for an eight‑year corporate income tax (CIT) exemption, while for other data centers this exemption is
Read More
February 4, 2026
On November 18, 2025, Vietnam’s Ministry of Finance released for public consultation a draft decree on administrative sanctions in the field of crypto assets and crypto asset markets (the “Draft Decree”), intended to implement Resolution No. 05/2025/NQ-CP dated September 9, 2025, on the pilot crypto asset market in Vietnam (“Resolution 05”). While Resolution 05 sets out who may participate and under what conditions, the Draft Decree addresses a more practical question for market participants, i.e., what happens if those conditions are not met. In doing so, the Draft Decree offers important insight into how Vietnamese regulators intend to supervise, discipline, and ultimately shape the crypto market during the pilot phase. Regulatory Scope and Overall Sanctions Architecture The Draft Decree applies to both domestic and foreign organizations and individuals engaging in crypto-related activities in Vietnam’s market. Covered entities include: (i) crypto asset issuers; (ii) crypto asset service providers, including trading platforms and market operators; (iii) Vietnamese and foreign investors participating in the pilot market; and (iv) other organizations involved in the offering, issuance, or provision of crypto-related services in Vietnam. The breadth of this scope is deliberate. It appears to reflect a regulatory view that cross-border structures, offshore platforms, and indirect participation may not necessarily insulate market actors from compliance obligations once they operate within the pilot framework. For the crypto industry, this may mark a shift from regulatory ambiguity toward a more explicit articulation of jurisdictional reach. At first glance, the Draft Decree’s monetary penalties appear restrained. The maximum fine per administrative violation is capped at VND 200 million (approx. USD 7,700) for organizations and VND 100 million (approx. USD 3,800) for individuals. However, focusing solely on fine levels risks missing the point. The Draft Decree also places great regulatory weight on supplementary sanctions and corrective measures, including: (i)
Read More
January 30, 2026
Thailand’s Data Privacy Day 2026, hosted by the Office of the Personal Data Protection Committee (PDPC), underscored the country’s commitment to strengthening personal data protection, advancing regulatory maturity, and preparing organizations for the next phase of PDPA enforcement. The event marked a clear shift from policy-level compliance toward “Privacy in Action,” signaling that operational readiness and real-world implementation are now priorities. The Office of the PDPC also emphasized that data protection is now a national economic enabler that supports digital trust, competitiveness, and sustainable growth, not just a compliance obligation. The following insights summarize the key takeaways from the Data Privacy Day 2026 event. PDPA in Real Life: What Happens to Your Data Today The Office of the PDPC provided concrete data on enforcement trends and real-world compliance issues facing organizations across Thailand. Complaints and trends. The Office of the PDPC’s Personal Data Protection Act (PDPA) Center recorded 2,672 PDPA-related complaints as of January 2026, with the highest volumes involving failure to comply with the data minimization principle, collection without lawful basis, and use and disclosure without lawful basis. Administrative penalties. Several administrative penalties have been imposed on data controllers and data processors across various sectors, including government, healthcare, retail, SMEs and e-commerce, ranging from tens of thousands to several million baht. Most violations stemmed from weak security measures, failure to notify data breaches within the required timeline, absence of a data protection officer (DPO) when required, and noncompliance with governance requirements such as the Record of Processing Activities (ROPA) and data processing agreements with data processors. Case studies. The Office of the PDPC highlighted specific examples of violations: Hospitals misused personal data for purposes beyond their intended scope (e.g., using personal data collected for providing medical services to send birthday cards) Vendors compromised systems due to inadequate password
Read More