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

December 23, 2022

Thailand PDPC Notification on Data Breaches

Subscribe to Updates

On December 15, 2022, Thailand’s Personal Data Protection Committee (PDPC) issued the Notification on the Criteria and Procedures for Handling Personal Data Breaches.

What Constitutes a “Data Breach”?

A “personal data breach” refers to a breach of security measures that causes unlawful or unauthorized loss, access, use, modification, or disclosure of personal data, resulting from an intentional, willful, negligent, accidental, unauthorized, or unlawful act, or an act related to computer crimes, cyber threats, mistakes or accidents, or any other act. The notification also classifies personal data breaches into three categories: confidentiality breach, integrity breach, and availability breach.

Upon being informed of an actual or suspected personal data breach, a data controller must take the following actions:

  • To the extent possible, assess the reliability of the information and investigate the facts related to the personal data breach, including all aspects concerning security measures, such as organizational measures, technical measures, and physical measures;
  • Conduct a data breach assessment to consider whether the personal data breach is likely to result in a risk to an individual’s rights and freedom;
  • Notify the Office of the PDPC, any affected data subjects, or both as required; and
  • Take necessary and appropriate action to prevent further consequences resulting from the personal data breach.

Breach Assessment

When conducting a data breach assessment, the following factors must be taken into account if there is a risk to an individual’s rights and freedom.

  • Nature and the type of data breach;
  • Nature, type, and volume of personal data involved;
  • Nature, type, and status of the affected data subject;
  • Severity of the consequences of the personal data breach for any affected data subjects, and the effectiveness of the measures taken to prevent the data breach;
  • Impact of the data breach on the operation of the business or on the public;
  • Storage systems of the personal data involved and the relevant security measures, including organizational measures, technical measures, and physical measures; and
  • Legal status of the data controller (i.e., individual or a corporate entity) and the scale and nature of its business.

Assessment Guidelines

The PDPC issued its Guidelines on Data Breach Assessments and Personal Data Breach Notifications (Version 1.0), dated December 15, 2022, which provides samples of risk assessments to determine whether the Office of the PDPC and/or the data subject has to be notified of a personal data breach. While the PDPC Notification on the Criteria and Procedures for Handling Personal Data Breaches is binding on data controllers, the guidelines are merely aimed at providing guidance to data controllers when assessing the risk associated with the personal data breach.

Notifying the Office of the PDPC

When a personal data breach occurs, the data controller must notify the Office of the PDPC “without delay”—that is, within 72 hours of becoming aware of the breach—unless the personal data breach does not have any risk of affecting the rights and freedom of an individual (such as a lost USB drive with encrypted personal data or a temporary suspension of a call center system causing a brief service interruption). Although there is no mandated notification form, the notification must include the information required by the PDPC Notification mentioned above, such as nature of the breach, type and volume of records of personal data involved, the data protection officer’s contact information, possible impacts, and remedial actions.

It is also permissible to notify the Office of the PDPC of the breach by letter, in person, or via an electronic channel (to be further specified by the PDPC).

Notifying Data Subjects

Where the data breach has a high risk of affecting the rights and freedoms of an individual, the data controller must also notify the data subject without undue delay after becoming aware of the personal data breach. The information contained in the notification must be at least as required by the notification (e.g., nature of the breach, data protection officer’s contact information, possible impacts, remedial actions, and any other additional actions that the data subjects should undertake to prevent or control further damage, if any).

If it is not possible for the data controller to notify the affected data subjects individually in writing or via electronic means. Alternatively, the breach notification may be made by other means, such as a public notification.

Data Processor Obligations

Data processors must notify the data controller of the personal data breach without undue delay after becoming aware of the breach. The data controllers must set in its agreement with data processors a stipulation that the data processor is to notify the data controller within 72 hours of becoming aware of a personal data breach.

Punitive Damages and Possible Class Action Lawsuits

Under the Personal Data Protection Act B.E. 2562 (2019), data controllers and data processors can be ordered to pay actual damages plus punitive damages of up to two times the court-awarded actual damages. The amount of punitive damages depends on the severity of the breach, personal gain or benefit, and the financial status of the controller or processor. The court will also consider the steps the controller or processor took after the breach occurred, and whether the data subject contributed to the breach.

As a data breach, by its nature, may affect many individuals, class actions or mass litigation are possible. If a data subject can satisfy the court of the prerequisites, such as the number of members, the commonality and typicality of the matter, and his or her ability to adequately represent the class members, the data subject can request that the complaint represent other data subjects as well. A judgment rendered in a class action case could provide every class of member the right to claim without being initially involved as a party in the case. Alternatively, data subjects could potentially gather and jointly file complaints for damages. This potentially magnifies the possibility of litigation for data breach matters.

For more information about mitigating the risks posed by personal data breaches, responding to breaches, or any other aspect of data protection laws and regulations in Thailand, please contact Tilleke & Gibbins data protection and cybersecurity team at [email protected], [email protected], [email protected], and [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

August 25, 2026
Vietnam has enacted a new decree establishing administrative penalties for violations in the fields of cybersecurity and personal data protection. Decree No. 330/2026/NĐ-CP (Decree 330), issued and effective from August 19, 2026, provides a detailed sanctions framework for noncompliance with the Law on Personal Data Protection (including its implementing regulations under Decree 356/2025/ND-CP) and the Law on Cybersecurity, together with their guiding decrees. The issuance of Decree 330 signals that the practical grace period previously perceived by many businesses may be drawing to a close, with active regulatory enforcement in these areas expected to commence in earnest. Scope and Key Provisions Decree 330 has extraterritorial effect and applies to both onshore and offshore companies. For offshore companies, it applies to those that (1) provide telecommunications, internet, online-content, information-technology, cybersecurity, or cross-border services and (2) are involved in or related to the processing of personal data of Vietnamese citizens and certain other people of Vietnamese origin. Decree 330’s key provisions cover the following areas: Administrative penalties for violations relating to the protection of national security and public order in cyberspace, including the dissemination of unlawful, false, or unverified information. Sanctions for cyberattacks, unauthorized access, introduction of harmful code or programs, and failure to cooperate with specialized cybersecurity forces. Sanctions for personal data protection violations, such as consent, cross-border data transfers, impact assessments, breach notification, and data-subject rights, among others—with maximum fines of up to 5% of an organization’s preceding-year revenue for cross-border transfer violations, or up to VND 3 billion for other data-protection breaches. Personal Data Protection Penalties The key sanctions for personal data protection violations are as follows: Consent violations: Fines of up to VND 70 million (approx. USD 2,642), plus potential additional sanctions and remedial measures including irreversible deletion of personal data collected without consent and confiscation of
Read More
August 25, 2026
Thailand’s Electronic Transactions Development Agency (ETDA) is studying potential new regulatory measures for digital platform services that could significantly expand the country’s digital platform governance framework. The ETDA has already conducted one public consultation session on the proposed measures and will hold additional sessions on August 25 and September 2, 2026, covering five types of platform services under the Royal Decree on Digital Platform Services B.E. 2565 (2022). The measures under study are preliminary and may be changed based on consultation outcomes. Foundational Measures Applicable to All Platform Types Seven baseline obligations would apply across all digital platform categories: Transparency reports. Platforms must prepare and publish statistical reports on platform governance activities, including the number of content items removed or restricted and appeal outcomes, in a comparable format. Notice and action mechanism. Platforms must establish minimum standards for channels to report potentially illegal content or goods, conduct case-by-case review, provide explanations when content is removed or restricted, and maintain an internal appeals channel. Rights over automated decision-making. Users significantly affected by automated decisions are granted rights to request an explanation, request human review, and contest the decision. Service level agreements (SLAs). Platforms must publish minimum standards for response times, processing timelines, progress notifications, and remedies for incidents on the platform. Labeling of AI-generated content. Content generated or modified by AI must carry visible labels and machine-readable metadata, with exceptions for creative works that disclose AI use in a nonmisleading manner. Prohibition of dark patterns. User interface designs that deceive, coerce, or distort user decision-making are prohibited, including hiding critical information, creating false urgency, or making service cancellation unreasonably difficult. Business user fairness. Platforms must meet minimum standards for the treatment of sellers, workers, and content creators, including advance notice of term changes, explanation of account suspensions or visibility reductions,
Read More
August 20, 2026
Thailand has established a new cross-ministerial committee to oversee data center operations nationwide. On August 5, 2026, the Thai cabinet approved the Prime Minister’s Office Regulation on the Data Center Business Policy Committee, which was published in the Government Gazette on August 13, 2026, and is now in effect. The regulation reflects the government’s policy to elevate Thailand’s digital economy and promote investment in digital infrastructure and AI. The key features of the new committee are outlined below. Definition of “Data Center” Under the regulation, “data center” is defined as a building, premises, or structure that uses electronic equipment to provide services related to the collection, storage, processing, hosting, or transmission of data by electronic means to third parties that are not affiliates, as further determined by the Data Center Business Policy Committee. Committee Composition The committee will be chaired by a deputy prime minister designated by the prime minister, and will have three vice-chairs comprising the ministers of digital economy and society, interior, and energy. The committee also includes 12 ex-officio members: the permanent secretaries of finance, agriculture, natural resources, energy, interior, digital economy, industry, and commerce; the secretaries-general of the Board of Investment (BOI), Energy Regulatory Commission, National Broadcasting and Telecommunications Commission (NBTC), and National Water Resources Office; and the director of the Energy Policy and Planning Office. Up to three expert members may be appointed by the prime minister for two-year terms, renewable once. The secretary-general of the National Economic and Social Development Council (NESDC) serves as member and secretary, with up to two NESDC officials serving as assistant secretaries. Powers and Duties The committee is empowered to: Propose policies, standards, and operational frameworks for government agencies in approving, licensing, issuing investment promotion certificates, or providing services to data center operators in Thailand; Study, analyze, and
Read More
August 14, 2026
Thailand’s Office of the Insurance Commission (OIC) has issued guidelines clarifying the boundaries between permissible and prohibited activities for unlicensed individuals—including influencers, bloggers, and content creators—when communicating about insurance products on social media. The Good Practice Guidelines for Persons Not Licensed as Insurance Agents or Brokers Regarding the Dissemination of Insurance Content Through Digital Media B.E. 2569 (2026) took effect on July 24, 2026. Activities Requiring a License The guidelines reserve the following activities for licensed agents and brokers: Soliciting or facilitating insurance contracts. Providing personalized advice on product suitability. Recommending policy cancellation to purchase promoted products. Creating links that facilitate contract formation. Receiving performance-based compensation tied to policies or premiums generated. Importantly, boilerplate disclaimers such as “this is not a recommendation to buy insurance” will not shield individuals from liability if the OIC views the content as personalized advice or solicitation. Permitted Activities Unlicensed persons may present general educational content about insurance—such as explaining terminology, sharing industry statistics, reporting news, or sharing personal experiences—provided the content does not target specific individuals to purchase from specific companies. The guidelines also set out best practices for communication, including presenting information in a fair and balanced manner that covers both benefits and limitations, encouraging consumers to read policy terms and consult licensed professionals, verifying information from credible sources before dissemination, and exercising special care when the audience may include vulnerable groups such as persons aged 60 and older. Prohibited Practices Prohibited practices include fear-based marketing, creating artificial urgency, omitting material limitations, making exaggerated claims, falsely claiming professional credentials, using fake engagement mechanisms, and sharing false or misleading content. The guidelines also reinforce the prohibitions under section 83 of the Life Insurance Act B.E. 2535 and section 78 of the Non-Life Insurance Act B.E. 2535 against soliciting insurance contracts with foreign operators
Read More