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

October 7, 2022

Thailand Opens Public Hearing Period on Measures for Cross-Border Transfer of Personal Data

Subscribe to Updates

Thailand’s Office of the Personal Data Protection Committee (PDPC) has opened a public hearing period on its draft notification regarding cross-border transfer of personal data. The public hearing is open through October 24. The notification, once issued, will supplement the principle of cross-border transfer of personal data outside of Thailand set out in the Personal Data Protection Act (PDPA).

The notification sets out the following key matters:

Definitions

  • “Transfer of personal data” means any sending or transferring of personal data by a transferor of personal data, either by way of a physical transfer or a remote transfer through a computer system or an internet network to the recipient of the personal data. It does not include sending personal data through an intermediary by transiting between computer systems or internet networks, or any storing or retaining of personal data, either permanently or temporarily, by a cloud computing service provider, whereby the personal data transferor and the personal data recipient (1) are not making the order, (2) are not involved with any data selection or the content of the personal data sent and received through the computer systems or internet networks, or (3) have the purpose of entering into an agreement or any juristic act.
  • “Binding corporate rules” means the agreed terms or policy on personal data protection made between the personal data transferor and the personal data recipient to establish appropriate measures for safeguarding personal data within a group of corporations or companies.
  • “Standard contractual clauses” means the contractual terms made between the personal data transferor and the personal data recipient to establish appropriate measures for safeguarding personal data.
  • “Code of conduct” means a code that sets out the obligations of a personal data transferor and a personal data recipient outside of Thailand.
  • “Certification” means an undertaking in relation to safeguarding personal data, in order to establish appropriate personal data safeguarding measures.

Binding Corporate Rules

For cross-border transfers within a group of corporations or companies, binding corporate rules (BCRs) can be established and submitted to the PDPC for approval. The BCRs must adhere to the following minimum standards:

  • The effectiveness and legally binding nature of the BCRs apply to each company or entity within the group, including the data recipient, data processor, and data transferor, and the members belonging to the group, as well as their employees, staff, or persons related to the transfer or receipt of personal data within the group.
  • The BCRs must comply with Thai laws on personal data protection.
  • The BCRs must contain certification of data subject rights under the PDPA and sub-regulations.
  • The BCRs must contain measures on personal data protection in relation to personnel, processes, and security measures in accordance with the required technology standards for personal data protection.

Appropriate Safeguards

In accordance with section 29, paragraph 3, of the PDPA, a personal data transferor may transfer personal data to a recipient outside of Thailand when procuring appropriate safeguard measures by way of “standard contractual clauses,” “code of conduct,” or “certification.” Such appropriate safeguards must at least ensure the enforceability of the data subject’s rights and effective legal remedial actions, as provided in the annexes of the notification.

The appropriate safeguards must at least have the following:

  • Effectiveness and legal enforceability.
  • Compliance with Thai laws on personal data protection.
  • Certification of data subject rights under the PDPA and sub-regulations.
  • Measures on personal data protection in relation to personnel, process, and security measures in accordance with the required technology standards for personal data protection.

The standard contractual clauses must be filed with the PDPC. The appropriate safeguard measures must be enforceable under Thai law, and they must provide data subject rights under Thai law. Such rights must also be enforceable and provide remedial rights for data subjects as stipulated under Thai law.

The notification also sets out standard contractual clauses for controller-to-controller and controller-to-processor international transfers. The clauses primarily stipulate the obligations of the transferor and the recipient, recognize the enforceability of the PDPA provisions on personal data protection, and ensure the ability of data subjects to exercise their rights (in the form of third-party rights).

For more information from Tilleke & Gibbins’ data privacy team regarding the draft notification, or any aspect of compliance with PDPA requirements, please contact Athistha (Nop) Chitranukroh at [email protected], Nopparat Lalitkomon at [email protected], Gvavalin Mahakunkitchareon at [email protected], or Thammapas Chanpanich at [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

January 9, 2026
Vietnam has taken a decisive step into the global artificial intelligence regulatory landscape with the promulgation of the Law on Artificial Intelligence No. 134/2025/QH15 (AI Law), adopted on December 10, 2025, and effective from March 1, 2026. As one of the earliest comprehensive, standalone AI statutes in Southeast Asia, the AI Law signals Vietnam’s ambition to position itself as both an innovation-friendly and governance-conscious AI market. In doing so, the legislature has also streamlined Vietnam’s AI regulatory architecture. The AI Law repeals most AI-related provisions previously embedded in the Law on Digital Technology Industry No. 71/2025/QH15, consolidating AI governance under a single, unified legal framework. This structural move underscores an intent to provide greater regulatory clarity and coherence for businesses operating across the AI value chain. Against this backdrop, the key question for AI developers, providers, deployers, and governance teams is how the new risk-based framework will shape compliance expectations, operational decisions, and governance design in practice. This article examines the new AI Law through that practical lens, focusing on what it means for AI businesses operating in or into Vietnam. Scope of Application The AI Law applies broadly to Vietnamese organizations and individuals, as well as foreign entities that participate in AI-related activities within Vietnam. The law expressly excludes AI activities conducted solely for national defense, security, and cryptography purposes. A defining feature of the AI Law is that it regulates by role, not by industry. It distinguishes between: Developers, who design, build, train, test, or fine-tune AI models and have direct control over the technical methods, training data, or model parameters; Providers, who place AI systems on the market or put them into use under their own names; Deployers, who use AI systems under their control in professional, commercial, or service-provision activities; Users, who interact with AI
Read More
January 9, 2026
Thailand continues to advance its legal and regulatory framework for the technology sector, with several key laws undergoing review and proposed amendments. These developments reflect Thailand’s broader efforts to ensure that its regulatory landscape keeps pace with rapid technological change and aligns more closely with international standards and best practices. The following are key legal developments and proposed legislative reforms in 2026 that are expected to impact businesses operating in the technology sector and the broader Thai business landscape. Data Privacy and Cybersecurity Personal Data Protection Act B.E. 2562 (2019) Following the full enforcement of Thailand’s Personal Data Protection Act (PDPA) in June 2022, businesses and practitioners have identified practical implementation challenges and interpretative issues. These challenges were reflected in an effectiveness assessment conducted by the Personal Data Protection Committee (PDPC) in late 2024. The PDPC published a set of principles for public consultation to identify issues and directions for potential amendments to the PDPA. Key issues: Emerging issues include clarifying the definitions of “data controller,” “data processor,” and “criminal record”; revisiting the scope of sensitive personal data to better reflect Thailand’s context; proposing amendments to the hierarchy of legal bases to avoid misconceptions of consent as the default legal basis; and clarifying the required level of expressiveness for explicit consent, as well as rules for collecting personal data from other sources. Current status: The first round of public consultation has concluded. Next steps: The proposed amendments are proceeding to a revised draft following the consultation outcomes. Cybersecurity Act B.E. 2562 (2019) Thailand is moving forward with proposed amendments to enhance the effectiveness of its national cybersecurity framework, as evolving digital technologies bring new risks such as misinformation, system intrusions, and attacks on critical infrastructure, making cybersecurity a national priority. Key issues: The amendments aim to clarify and strengthen
Read More
January 8, 2026
Thailand’s Digital Government Development Agency (DGA) has proposed new standards that would require government agencies to select cloud services exclusively from a preapproved shortlist of providers. The draft Digital Government Standards re: Cloud Service Provider Standards aims to strengthen procurement confidence and reduce risks associated with selecting cloud service providers that do not meet the required standards. A public hearing period on these standards concluded on December 27, 2025. The DGA will now review submitted comments and consider revising the standards accordingly. Shortlisted Cloud Service Provider Tiers The draft standards establish three tiers of cloud service providers based on their assessed service capability levels, core qualifications, and certifications. The DGA sets qualification requirements for each tier, and it is at the discretion of each agency to select the tier of cloud service provider that best suits its operational needs, as follows: Tier 1 cloud service providers are suitable for providing services involving disclosable official data. Tier 2 cloud service providers are suitable for handling official data and protected data, such as personal data, which requires a high-security public cloud (e.g., virtual private cloud). Tier 3 cloud service providers are suitable for providing services to agencies with specific regulatory and security requirements that handle highly protected data, such as the national security system. These providers must offer sovereign or hybrid cloud as stipulated by the Ministry of Digital Economy and Society. All tiers of cloud service providers must be legal entities incorporated under Thai law and can be authorized distributors of offshore cloud service providers. However, each tier will be subject to different requirements, including infrastructure obligations. Government agencies are encouraged to select a cloud service provider appropriate for their intended use. For example, if a government agency intends to procure cloud services for operating applications that process personal data,
Read More
January 8, 2026
Thailand has enacted comprehensive sexual harassment legislation that significantly expands criminal penalties and creates new compliance obligations for online platform operators. The Act Amending the Penal Code (No. 30) B.E. 2568 (2025), enacted on December 29, 2025, and taking effect the following day, introduces a comprehensive definition of sexual harassment, establishes new criminal offenses with graduated penalties, and imposes content removal obligations on social media platforms and computer system service providers. The amendment, which establishes a comprehensive framework for addressing sexual harassment in both physical and digital environments, significantly expands legal exposure for online service operators. It also grants courts authority to order takedowns of violating data accessible to the public. Definition of Sexual Harassment The law introduces “sexual harassment” as a distinct statutory concept covering physical conduct, verbal conduct, sounds, gestures, expressions, postures, communications, surveillance, stalking, and acts committed through computer systems or electronic devices. Conduct qualifies as sexual harassment when it is sexual in nature and likely to cause the victim distress, annoyance, embarrassment, humiliation, fear, or a sense of sexual insecurity. Criminal Offenses and Penalties The amended Penal Code establishes graduated penalties based on the severity and context of the harassment—including enhanced penalties for public or online conduct. For instance: Basic sexual harassment is punishable by imprisonment for up to one year, a fine of up to THB 20,000, or both. Continuous or repeated harassment that prevents normal life escalates penalties to imprisonment for up to two years, a fine of up to THB 40,000, or both. Critically for online operators, harassment committed in public places, in the presence of the public, or through computer systems accessible to the general public triggers imprisonment for up to three years, a fine of up to THB 60,000, or both. Acts of harassment committed by supervisors, employers, or others
Read More