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

July 31, 2023

Thailand Releases Draft Notification on Data Protection Officer Appointment

Subscribe to Updates

On July 13, 2023, Thailand’s Personal Data Protection Committee (PDPC) published a draft notification on the requirements for appointment of a data protection officer (DPO).

Under the Personal Data Protection Act B.E. 2562 (PDPA), data controllers or data processors must appoint a DPO if:

  • The data controller or data processor is a state agency as prescribed by the PDPC (the list of state agencies was published in the Government Gazette on July 18, 2023);
  • The activities of the data controller or data processor in relation to the processing of the personal data require “regular monitoring of the personal data or the system,” by reason of “having large-scale personal data” as prescribed by the PDPC; or
  • The core activity of the data controller or data processor is related to the processing of special categories of personal data (e.g., health-related data, biometric data, etc.).

The draft notification’s criteria for determining whether a processing activity (1) requires regular monitoring of the personal data or the system, and (2) involves large-scale personal data are outlined below.

General Principles

When determining whether processing of personal data requires regular monitoring due to having large-scale personal data, it is likely that only the “core activity” of the data controller or data processor is to be taken into consideration. The term “core activity” denotes an essential and integral activity directly related to the primary operations of the data controller or data processor and does not include any supplementary business activities.

Regular Monitoring of Personal Data or Systems

According to the draft notification, activities related to processing personal data require regular monitoring of the personal data or the system if:

  • The core part of the data controller’s or data processor’s activities consists of tracking, monitoring, analyzing, or predicting the behavior, attitude, or profile of individuals; and
  • These activities generally involve the processing of personal data in a systemic manner on a usual or regular basis.

Examples of processing activities that require regular monitoring of the personal data or the system include:

  • Processing activities relating to membership cards, public transportation cards, electronic cards, or any other similar cards in which the card issuer or any other person can review card usage data;
  • Regular or routine processing activities involving verification of the status, history, or characteristics of customers or service recipients to assess various related risks before entering into a contract or providing services of the same nature, such as credit scoring, insurance premium evaluation, and fraud prevention, but not including operations with data from credit bureau companies and their members pursuant to Thailand’s laws concerning credit information business;
  • Processing of personal data for purposes of behavioral advertising;
  • Processing of customers’ or service users’ personal data by computer network system service providers or telecommunications operators; and
  • Processing of personal data for surveillance and security purposes.

Large-Scale Personal Data

When determining whether the core activities of a data controller or data processor constitute the large-scale processing of personal data, the following factors must be considered:

  • The number or proportion of data subjects whose personal data is processed, compared to the total number of potential data subjects;
  • The volume, type, or nature of personal data processed;
  • The duration or permanence of the processing of personal data for the purpose of carrying out the core activities of the data controller or data processor; and
  • The territorial scope or geographical area in connection with the processing activities.

Examples of the processing of large-scale personal data include:

  • Activities for the purpose of behavioral advertising, performed through search engines, or relating to social media with a wide range of users;
  • Processing of customers’ or service recipients’ personal data by life insurance companies, non-life insurance companies, or financial institutions pursuant to the respective law, but not including the handling of data by credit bureau companies and their members pursuant to the laws concerning credit information business operations; or
  • Processing of customers’ or service recipients’ personal data by a licensee holding a type 3 license under the Telecommunication Business Act B.E. 2544 (2001).

In addition, the business standards and relevant risks affecting the rights and freedom of the data subjects will also be taken into consideration.

Other Requirements for DPOs

DPOs may undertake other duties or tasks, provided that the data controller or data processor certifies with the Office of the PDPC that these duties do not conflict with or violate the legal obligations outlined in the PDPA, which is similar to the current requirement under Section 42 of the PDPA.

For more information on these DPO appointment requirements, or on any aspect of compliance with Thailand’s data protection regulations, please contact Tilleke & Gibbins’ data privacy team at [email protected], [email protected], [email protected], or [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

July 14, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published guidelines establishing a risk-based framework for the responsible use of artificial intelligence by telecom licensees. Released on July 2, 2026, the Guidelines on the Use of Artificial Intelligence for Telecommunications Services address governance structures, ethical principles, lifecycle management, and consumer protection obligations. Scope and Legal Context The nonbinding guidelines apply to holders of telecom business licenses under Thailand’s telecom licensing laws, but only with respect to the use of AI in providing licensed telecom services. Entities without such licenses are not directly subject to the guidelines, though they may be affected as third-party AI solution providers to licensees. The guidelines supplement and should be read alongside existing laws, including the Cybersecurity Act, the Personal Data Protection Act (PDPA), the Computer Crime Act, and the NBTC Notification regarding Measures to Protect Telecommunications Service Users’ Rights Regarding Personal Data, Privacy Rights, and Freedom of Telecommunications, as well as forthcoming AI governance legislation being drafted by the ETDA. AI Governance Structure Licensees are expected to establish committees, working groups, or designated officers at both policy and operational levels to set strategic direction for AI use, formulate governance policies and tools, and oversee risk management. Roles, responsibilities, and accountability should be clearly defined for all personnel across every stage of the AI lifecycle—including for third-party AI solution providers and outsourced service providers, whose obligations should be explicitly documented in service agreements. Core Principles The guidelines identify six core principles that licensees should adhere to when deploying AI: Compliance with laws, ethics, and international standards: AI should respect privacy, dignity, and human rights, and content filtering for inputs and outputs should be considered. For example, the AI should not be designed and developed to be used in generating false information, supporting illegal activities, or causing
Read More
July 10, 2026
Vietnam has taken a significant step in regulating its e-commerce sector with the issuance of a new decree guiding the country’s recently enacted Law on E-Commerce. Decree No. 248/2026/ND-CP, issued on June 30, 2026, and taking effect the following day, addresses mandatory platform policies, registration requirements for offshore platforms, additional obligations on platform operators, and market access conditions for foreign investors. Mandatory Policy Contents The decree sets out detailed guidance on the required contents of various platform policies, covering pricing, payment, display priority, livestream sales, delivery, returns, method of service provision, and service termination and refunds. Clarification of Obligations for Platform Operators The decree provides clarification of the obligations applicable to platform operators. Notably, intermediary e-commerce platform operators with online ordering functions must: Collect specific information to implement electronic identity verification of sellers; Cooperate with regulators by reporting online through the state e-commerce management system and by blocking, suspending, or removing content upon request of a competent authority; Maintain a mechanism to store contract data, including price, product or service information, and parties’ information, for at least three years from the date of contract conclusion; and If qualifying as a “large digital platform” under consumer protection law, maintain an online system for receiving and handling complaints and requests, and comply with enhanced content-removal requirements. Registration Requirements for Offshore Platforms Offshore e-commerce platforms, whether direct-sales, intermediary, social-network-based, or integrated, that conduct e-commerce activity in Vietnam must register with the Ministry of Industry and Trade if the platform: Allows Vietnamese-language selection; Uses a “.vn” domain; or Reaches 100,000 or more transactions with Vietnam-based buyers within a calendar year. Notably, the registration requirement now captures not only traditional intermediary platforms, but also direct-sales platforms. Foreign Investment Conditions Foreign investors holding a controlling interest in an intermediary e-commerce platform, a social media platform
Read More
July 8, 2026
On July 7, 2026, the Trade Competition Commission of Thailand (TCCT) issued a press release announcing the establishment of two new subcommittees designed to intensify oversight of digital platforms and modern trade businesses. The formation of the digital platform subcommittee marks a significant escalation in competition enforcement following the TCCT’s Guidelines on Multi-Sided Platforms and E-Commerce Businesses, which took effect on March 25, 2026. Platform operators, sellers, and related service providers should expect heightened regulatory scrutiny and potential investigations into practices already flagged under the March guidelines. Two Dedicated Enforcement Bodies The first new body is the digital platform subcommittee—formally the Subcommittee on Supervision, Monitoring, and Prevention of Trade Conduct in Digital Platform Business. It is tasked with driving intensive oversight of digital platform businesses. It will coordinate with government agencies, the private sector, business operators, and other relevant stakeholders to supervise and prevent trade conduct that may affect competition, and to promote free and fair competition in the digital platform sector. The subcommittee will be composed of TCCT members and representatives from the Department of Internal Trade. The second body—the Subcommittee on Determining Guidelines and Action Plans Concerning Competition Conditions in Modern Wholesale and Retail Business—will study, analyze, and monitor market structure in modern wholesale and retail businesses, compile databases to analyze retail business concentration, assess impacts on small-scale operators, and propose supervisory measures for the retail sector. TCCT members will serve on the subcommittee alongside experts from government and private organizations, including the Office of Industrial Economics, the Office of Small and Medium Enterprises Promotion, the Thai SME Federation, and the Thai SME Council. Operational Impact for Industry Participants These subcommittees provide the TCCT with a focused mechanism to investigate various trade practices deemed unfair, and the TCCT has authority under the Trade Competition Act to issue cease-and-desist
Read More
July 6, 2026
Vietnam has introduced an official list of high-risk AI systems, triggering more stringent compliance obligations for developers, suppliers, and deployers operating in the country. On June 30, 2026, the prime minister issued Decision No. 33/2026/QD-TTg (Decision 33), which establishes the List of High-Risk AI Systems under the Law on Artificial Intelligence (AI Law) and Decree No. 142/2026/ND-CP (Decree 142). Decision 33 takes effect on August 15, 2026. Decision 33 is significant because only AI systems included on the list will be subject to the heightened compliance obligations applicable to high-risk AI systems under the AI Law and Decree 142. These include, among others, local presence requirements for foreign providers, mandatory conformity assessment before deployment, comprehensive risk management and data quality documentation, and strict liability for damages even when the provider is fully compliant. Decision 33 also specifies the applicable conformity assessment pathway for each listed system, indicating whether the system must undergo mandatory third-party conformity certification before being placed into use, or whether the provider may self-assess conformity or voluntarily engage a registered or recognized conformity assessment body. Which AI Systems Are Covered? Decision 33 identifies high-risk AI systems across six sectors—the key attributes of which are summarized below. Education: AI systems used for automated assessment, learner ranking, behavioral monitoring, or generating educational content from uncontrolled data sources. Ethnic affairs and religion: AI systems used to automatically score, classify, or rank applications for government ethnic policies; approve or reject regulatory applications; suspend benefits on suspicion of fraud; allocate budgets; or infer and classify individuals by ethnicity or religion for administrative purposes. Healthcare: AI-assisted surgical systems and autonomous AI-powered surgical robots. Banking: AI systems that autonomously conduct electronic banking transactions or make credit approval decisions. Judicial proceedings: Certain large-scale biometric identification systems used in public-interest civil proceedings. Transport: Thirty-one categories
Read More