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​ 

May 22, 2026
On May 8, 2026, the Thai government held a press conference to announce a coordinated, multiagency initiative to strengthen oversight and enforcement over products sold on online platforms. The initiative involves the Office of the Consumer Protection Board, the Thai Industrial Standards Institute, the Electronic Transactions Development Agency, the Thailand Consumers Council, the Consumer Protection Police Division, and major online platform operators. With this appointment, the government has signaled a deliberate shift from a predominantly reactive enforcement framework toward a more proactive regulatory and monitoring approach for online commerce and digital platform services. Legal and Regulatory Reform The government is accelerating a proposed Product Liability Law that would introduce new statutory frameworks for defective or substandard products, along with amendments to food safety and consumer protection legislation. The draft law has already been approved by the cabinet; the Council of State and relevant authorities will further draft the law and subsequently issue it for public hearings prior to enactment. Authorities also plan to expand enforcement measures against noncompliant businesses and distributors. In particular: The implementation of stricter “know your merchant” (KYM) identity verification requirements for online sellers. Expanded mandatory standards and regulatory oversight for high-risk products, such as power banks, electrical appliances, food products, and household goods. Increased monitoring of online product listings, and coordination with platform operators to remove unsafe, counterfeit, misleading, or otherwise noncompliant products. Additional monitoring and enforcement measures targeting online scams and illegal goods distributed through digital platforms, including e-cigarettes, which authorities identified as a growing concern due to increasing online distribution channels and potential health impact on young consumers. Strengthening Consumer Complaint Mechanisms The government announced increased cooperation with the Thailand Consumers Council and other agencies to facilitate complaint handling, market monitoring, and policy recommendations. Enhanced interagency coordination will aim to ensure that consumer
Read More
May 19, 2026
Thailand’s telecommunications regulator has introduced a range of new compliance obligations for telecom licensees aimed at preventing and suppressing technology crime. On May 15, 2026, the National Broadcasting and Telecommunications Commission (NBTC) published in the Government Gazette Notification on Measures for Prevention and Suppression of Technology Crime No. 2, which amends the original NBTC notification dated August 24, 2025. The amendment derives its authority from the Emergency Decree on Measures for Prevention and Suppression of Technology Crime B.E. 2566 (2023), as amended in 2025, and took effect on May 16, 2026. SIM Card Registration Cap for Non-Thai Nationals Persons without Thai nationality are now limited to a maximum of three SIM cards per person per service provider. Identity verification must be done primarily via passport. For those without a passport, acceptable alternatives include travel documents or certificates of identity issued by foreign governments, accompanied by additional Thai government-issued documents, as well as pink ID cards (for persons without Thai nationality) and white ID cards (for persons without registration status). Registration must be done in person at a branch or authorized dealer. Service providers must develop their identity verification systems and obtain NBTC approval before deployment. SIM Activation Deadline and SIM Box Prohibition Both Thai and non-Thai service users must activate their registered SIM within 60 days of registration. If they fail to do so, they must re-verify their identity in person before activation, confirming they are the same person who originally registered. Service providers must prohibit SIM box and gateway devices capable of supporting four or more SIMs from connecting to their mobile networks unless the device has received a license under the Radio Communications Act. Blacklist Enforcement Service providers must refuse registration of additional mobile numbers for persons listed on a technology crime-related database maintained by the Royal
Read More
May 6, 2026
Thailand has introduced new requirements for online social media platforms to verify the identity of paying advertisers before publishing their advertisements. On May 5, 2026, the Electronic Transactions Commission published the Notification on Measures for Prevention of Technology Crime for Online Social Media (No. 2) in the Government Gazette. The notification, which aims to prevent technology crimes such as fraud and scams, takes effect 180 days after publication (i.e., on November 1, 2026). Mandatory Advertiser Identity Verification Online social media service providers must verify the identity of every advertiser before publishing an advertisement. Verification remains valid for up to one year from the most recent verification date. The notification requires social media providers to use either of the following methods when verifying advertisers: Document-based verification: Examine government-issued identity documents (e.g., national ID, passport, or juristic person registration certificate), cross-check the connection between the advertiser and the identity documents (e.g., facial comparison with photo ID), and ensure that the identity documents are verifiable against reliable sources. Digital identity verification: Use an identity verification system with a level of assurance no lower than that prescribed by the Electronic Transactions Commission. Advertiser Data Collection and Retention Service providers must collect and retain certain data—including name, identification number, and contact details—from the start of the advertising service and for a minimum of 90 days after the end of the advertising service relationship. The same requirements apply where there is a third-party payer, such as an ad agency. Implications for Affected Businesses The notification raises two key areas of concern for affected businesses: Social media platforms must implement know-your-advertiser (KYA) onboarding as described above, including document upload and identity matching processes. The 180-day implementation window requires immediate technical and operational planning. The collection and retention of national ID cards, passport copies, and other personal
Read More
April 30, 2026
Vietnam’s Decree No. 134/2026/ND‑CP, which took effect on 9 April 2026, plays an important role in detailing and implementing Vietnam’s Intellectual Property (IP) Law in the context of rapid digital transformation and the growing application of artificial intelligence (AI). The new decree provides comprehensive guidance on the application of copyright and related‑rights regulations, addressing key issues such as authorship, ownership, statutory exceptions and limitations, registration procedures, and enforcement mechanisms. Through these measures, Decree 134 seeks to achieve an appropriate balance between safeguarding the legitimate interests of rightsholders and fostering innovation, research, and technological advancement, thereby strengthening the state’s framework for the effective management, protection, and exploitation of intellectual property in the digital and AI‑driven environment. Some notable aspects of Decree 134 are discussed below. Copyright for AI-Created Works Decree 134 provides important guidance on the determination of copyright and related rights in works created with the assistance of AI. Article 5a reaffirms the principle that human creativity remains central to copyright protection, clarifying that copyright or related rights arise only where a human makes a substantial and decisive intellectual contribution, exercises effective control over the creative outcome, and assumes responsibility for the content and its legality. At the same time, the provision confirms that AI is regarded solely as a technological tool rather than a rights‑holding subject, thus ensuring consistency with the fundamental concepts of authorship and ownership under the IP Law. By introducing requirements on transparency, proof of human contribution, and compliance with AI‑specific labelling and technical marking obligations, Decree 134 establishes a clear and enforceable legal framework for the responsible use of AI in creative activities. Lawful Use of Copyrighted Texts and Data Article 37a of Decree 134 sets out the specific conditions under which copyrighted texts and data may be lawfully used for scientific research, experimentation,
Read More