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

August 4, 2026

Thailand Proposes Significant Amendments to the Personal Data Protection Act

Subscribe to Updates

Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) could soon see some important changes, as a draft bill to amend the PDPA has been introduced in the House of Representatives. The draft amendment is currently in the public consultation phase, with comments accepted from July 16 to August 15, 2026. If enacted in its current form, the amendment would make three key changes: expanding the government exemption to cover anticorruption operations, introducing a statutory definition of “government agency,” and restructuring the lawful bases for personal data processing to align with international standards.

Background

The PDPA has encountered several enforcement challenges since its implementation, including three core problems identified by the bill’s sponsors: (1) the current exemptions for government agencies do not cover anticorruption and misconduct-prevention operations; (2) the PDPA lacks a clear statutory definition of “government agency,” causing legal uncertainty as to which entities are covered; and (3) the existing framework for lawful bases of data processing does not align with international standards—particularly the multiple-lawful-bases system in the EU’s General Data Protection Regulation (GDPR)—making compliance inflexible for both government and private sector entities.

Expanded Government Exemption

The current PDPA exempts government agencies performing duties related to national security (including fiscal security), public safety, anti-money laundering, forensic science, and cybersecurity. The proposed amendment adds “prevention and suppression of corruption and misconduct” to this list of exempted functions. This would allow anticorruption bodies—most notably the National Anti-Corruption Commission (NACC), which is identified as a directly affected party—to collect, use, and disclose personal data without being subject to PDPA requirements when carrying out their duties.

New Statutory Definition of “Government Agency”

Notably, while the current PDPA use the term “government agency” in several provisions, the term is not comprehensively defined, creating potential uncertainty as to its scope. The draft bill therefore inserts a new definition of “government agency” to cover central government agencies, regional government agencies, local government agencies, state enterprises, public organizations, Parliament, courts, independent constitutional organizations, the Office of the Attorney General, public higher-education institutions, and independent state agencies. The proposed definition seeks to clarify which entities are considered “government agencies” and covered by the act.

Restructured Lawful Bases for Data Processing

The most significant proposed change for both government and private-sector organizations is the restructuring of the PDPA’s section 24, which currently prohibits data controllers from collecting personal data without consent, subject to certain exceptions framed as carveouts.

The proposed amendment would restructure section 24 to adopt a multiple-lawful-bases model aligned with the GDPR, and add more clarity on the public-task basis. Under the new framework, personal data processing would be lawful when carried out under at least one of the following bases:

  • Archival/research/statistical: For historical or archival purposes in the public interest, or for research or statistics with appropriate safeguards, as prescribed by the PDPC board.
  • Public task/official authority: Necessary for performing a public-interest mission or exercising official authority, including government disclosure obligations under the Official Information Act or other laws.
  • Vital interests: To prevent or suppress danger to a person’s life, body, or health.
  • Contractual necessity: Necessary for performing a contract with the data subject or for pre-contractual steps at the data subject’s request.
  • Legitimate interests: Necessary for the legitimate interests of the data controller or a third party, unless overridden by the data subject’s fundamental rights.
  • Legal obligation: Necessary for compliance with a legal obligation of the data controller
  • Consent: The data subject has given consent.

The most critical structural shift is that consent is repositioned from the default requirement to one of seven coequal lawful bases.

Next Steps

All organizations should monitor the public consultation process, which is open until August 15, 2026. If enacted, the bill will take effect the day after its publication in the Government Gazette.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

December 15, 2025
Thailand is taking steps to energize its startup scene by drafting the Startup Promotion Law. This draft law aims to remove obstacles, open new funding opportunities, and provide coordinated government support. The goal is to make it easier for Thailand-based startups to grow and compete on a global stage. Why Is This Law Needed? For many years, Thai startups have operated under traditional company law frameworks that were not designed with high-growth businesses or with fundraising opportunities in mind. Restrictions on issuing bonds, offering shares to outside investors, and repurchasing shares for employee incentive programs made it challenging for emerging companies to access capital and accelerate their growth. The draft Startup Promotion Act seeks to remove these obstacles and foster a more competitive, entrepreneur-friendly environment in Thailand. Who’s in Charge? Two main organizations will oversee the startup ecosystem: Startup Promotion Committee: This group, to be appointed by the National Science, Research, and Innovation Policy Council, will set national strategies, policies, and budget; design promotional campaign and incentives; and propose further legislative amendments to promote startups. National Innovation Agency (NIA): Under the draft act, the NIA will be the main contact for startups and will serve as the secretariat office of the Startup Promotion Committee, coordinating data, advising startups, maintaining the public registry, and providing funding and investment (grants, repayable grants, loans, and equity) under committee criteria and, where applicable, cabinet approval. What Startups Are Eligible for Benefits? To be officially recognized and access benefits, a company must: Be a private limited company less than 10 years old at the time of application. Existing companies that already exceed the 10-year threshold may still apply for startup statues within one year of the law’s enactment, as long as they otherwise still qualify for the new regime. Have average annual revenue not
Read More
December 12, 2025
Tilleke & Gibbins has updated the Cambodia, Myanmar, Thailand, and Vietnam chapters in Multilaw’s Global Data Protection Guide, which collects expert advice from Multilaw member firms in 90 jurisdictions around the world (including a Laos chapter, which is also authored by Tilleke & Gibbins). The guide provides answers to key issues concerning the fast-developing data protection and privacy laws around the world, and helps data protection officers and in-house counsel understand how the regulatory regime for data protection can affect their organizations in various jurisdictions. Each section of the guide identifies the main laws that govern data protection in that jurisdiction, and gives a detailed overview of the legal principles in place as well as the enforcement authorities responsible for overseeing compliance. The guide also covers issues related to data subject rights, data protection officers, impact assessments, data breach notification requirements, and cross border data transfers. The use of personal data in marketing is also considered, with specific information on electronic marketing rules, cookies, and marketing to businesses and consumers. Multilaw, of which Tilleke & Gibbins is a longtime member, is a global network of carefully selected independent law firms able to provide expert legal advice in complex environments around the globe. The full guide is available for free on the Multilaw website.
Read More
December 11, 2025
On December 10, 2025, the National Assembly of Vietnam passed a new Cybersecurity Law, which will take effect on July 1, 2026. The new Cybersecurity Law was developed based on the consolidation of the 2018 Cybersecurity Law and the 2015 Law on Network Information Security. While the final approved version of the new Cybersecurity Law has not yet been published, according to official reports, the following notable requirements are confirmed to be included: The new Cybersecurity Law dedicates a specific article to prohibited acts related to cybersecurity, under which it strictly prohibits posting or disseminating information online that propagandizes against the Socialist Republic of Vietnam. The law also prohibits, among other things, (i) the appropriation, trading, seizure, or intentional disclosure of information classified as state secrets, work secrets, business secrets, personal secrets, family secrets, and private life; (ii) intentionally eavesdropping, recording, or filming online conversations without authorization; and (iii) the use of artificial intelligence (AI) or new technologies to conduct prohibited acts. The Ministry of Public Security (MPS) has the authority to require enterprises providing telecommunications, internet, and online services, as well as system administrators, to remove information violating cybersecurity laws from systems under their management. The MPS is also assigned responsibility for ensuring information security in cyberspace and data security, establishing mechanisms for IP address identity management, verifying digital account registration information, and issuing warnings and sharing information on cybersecurity threats. Information systems are classified into five levels (similar to the 2015 Law on Network Information Security) based on the degree of harm to national security and social order if an incident occurs. The MPS is the lead agency assisting the government in state management of cybersecurity. The Ministry of National Defense is responsible for managing military information systems, and the Government Cipher Committee manages cryptographic and cipher
Read More
December 4, 2025
Thailand has expanded the circumstances under which state agencies may bypass competitive bidding procedures to address urgent security challenges. On November 28, 2025, Thailand’s Ministry of Finance published the Ministerial Regulation Determining Cases of Procurement by Specific Method (No. 6) B.E. 2568 in the Royal Gazette, introducing a new pathway for procuring supplies and services needed to address cyber and military threats that may affect the stability of government agencies or the nation. For technology vendors, cybersecurity firms, and defense contractors, this regulatory change creates immediate opportunities to engage directly with government buyers facing urgent security challenges. New Fast-Track Category for Security Threats The regulation amends Thailand’s Public Procurement and Supplies Management Act B.E. 2560 (2017) to add a new category of procurement that qualifies for the “specific method”—a noncompetitive, direct selection process. Previously, agencies could use this expedited method only in limited circumstances, such as emergencies, cases with proprietary technology requirements, or national security operations. The new provision explicitly covers procurement of supplies related to preventing or resolving cyber or military threats that could impact the stability of a state agency or the country. This addition recognizes the urgent nature of modern security challenges, where competitive bidding timelines may leave agencies vulnerable during critical threat windows. State agencies dealing with active cyberattacks, preparing defensive measures against anticipated threats, or responding to military security concerns can now move directly to negotiate with qualified vendors rather than conducting lengthy public tender processes. Vendor Considerations Vendors offering cybersecurity solutions now have a regulatory avenue to work directly with government clients when stability concerns are present. These solutions include threat detection systems, anti-ransomware tools, incident response services, firewalls, and security consulting. Similarly, defense contractors providing military equipment or specialized security supplies can pursue direct engagement channels where traditional procurement methods would create
Read More