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

November 15, 2023

Thailand Signals End to Relaxation of PDPA Enforcement

Subscribe to Updates

Four decisions from the Expert Committee under Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) indicate that there will no longer be any relaxation of PDPA enforcement.

The enforcement of Thailand’s seminal data protection law had been relaxed for more than a year when, on October 18, 2023, the Personal Data Protection Committee (PDPC) published the first decision made by the Expert Committee on the imposition of administrative measures against a company pursuant to authority granted to it under the Notification of the PDPC Re: Rules for the Consideration of the Imposition of Administrative Penalties by the Expert Committee B.E. 2565 (2022), which was one of the first subordinate regulations issued under the PDPA. Shortly thereafter, on October 19, October 25, and November 15, three additional Expert Committee decisions were published.

These three decisions made by the Expert Committee are summarized below.

October 18 Decision

The complainant in this case lodged a complaint with the Expert Committee alleging that an insurance company contacted him to offer the company’s products without his consent. The complaint further claimed that when the complainant requested the company to disclose how his personal data had been acquired and asked the company to stop contacting him through any channel, the company did not take any action on the requests.

The insurance company appeared to have obtained the personal data of the complainant from another source prior to the PDPA becoming fully effective (i.e., June 1, 2022). As the Expert Committee explained in its order, the company failed to comply with its obligations under the PDPA regarding the collection of personal data from another source, which requires consent as a legal basis; failed to comply with the grandfather provision by not publicizing opt-out procedures to enable the data subject to withdraw his consent easily; and did not grant the data subject the right to have his personal data rectified or deleted.

The Expert Committee ordered the insurance company to:

  1. Comply with its obligations under the PDPA regarding the collection of personal data from another source;
  2. Delete the personal data of the complainant;
  3. Take action to suppress damage, starting from the date of receiving the  order;
  4. Stipulate measures to prevent the occurrence of similar cases; and
  5. Set forth and implement guidelines for complying with the provisions of the PDPA on the right of access, right to rectification, obligation to implement a monitoring system for the deletion of personal data, and so on.

The Expert Committee also ordered the company to report to the Office of the PDPC on the outcome of the actions taken in relation to the five items above within 30 days of receiving the order.

October 19 Decision

The complainant in this case lodged a complaint with the Expert Committee alleging that a mobile banking application service provider did not allow him to give his consent freely in the application. The complainant requested that the service provider amend its consent request format and that he be allowed to withdraw the consent he had previously given to the service provider and its affiliated companies for accessing the application.

By the time the case came before the Expert Committee, the service provider had already amended its consent request format to be compliant with the requirements of the PDPA. Accordingly, the complainant wanted to withdraw his complaint; moreover, the service provider had already proceeded with the requests of the complainant. Considering these facts, the Expert Committee decided to reject the complaint.

October 25 Decision

In this case, the complainant lodged a complaint with the Expert Committee stating that as the former employee of a data controller he was entitled to a transportation card benefit following his employment with the data controller. The data controller sent an email informing the complainant that he could be issued a transportation card via an electronic system, with the condition that he must first provide his personal data in order to access the transportation card issuance system. Subsequently, the complainant received another email from the data controller reporting that his transportation card benefit had been suspended, and that he had accepted this suspension when he gave consent to the processing of personal data as required by the data controller. This was contrary to the complainant’s understanding that the consent was for the issuance of a transportation card only, rather than for the suspension of his rights.

The Expert Committee ordered that:

  1. The data controller must amend its consent request form to be consistent with the purposes notified to the data subjects;
  2. The consent must be freely given by the data subject;
  3. The consent must not be conditional; and
  4. The data controller must not rely on such consent to suspend other rights of the complainant.

Also, the data controller must notify the Office of the PDPC of the outcome of remedial actions pursuant to the above order or take any action to suppress damage within 30 days from the date of receiving the order.

November 15 Decision

The complainant in this case lodged a complaint with the Expert Committee stating that his name and an image of his medical license were acquired by another person who pretended to be a licensed healthcare professional, which resulted in service recipients and the public being misled and the complainant suffering damage to his reputation. The Expert Committee, however, stated that the facts of the case and the information provided by the complaint did not verify that the accused is a data controller who violated or failed to comply with the PDPA, and therefore, the Expert Committee was unable to make a determination on the complaint. Considering these facts, the Expert Committee decided to reject the complaint.

Takeaways

These cases indicate an end to the relaxation of Thailand’s enforcement of its PDPA. As data subjects gain more awareness of their rights over their personal data, more complaints are likely to be lodged with the Expert Committee if data subjects suspect that their personal data is not handled or processed properly by data controllers or data processors. Since the PDPA has been fully effective for over a year, the Expert Committee may be prepared to start taking more serious actions in imposing administrative fines and penalties. Organizations should thus take extra care in ensuring that they stay in compliance with the PDPA.

Tilleke & Gibbins will continue to monitor the development of the PDPA and provide updates as they emerge. If you have questions about the PDPA or any other aspect of data compliance in Thailand, please contact any member of the Tilleke & Gibbins PDPA team, including Nopparat Lalitkomon at [email protected], Gvavalin Mahakunkitchareon at [email protected], Thammapas Chanpanich at [email protected], Wilin Somya at [email protected], and Punyavee Koaysomboon at [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

April 9, 2026
As part of its ongoing public consultation process for the development of new practical guidelines under the Personal Data Protection Act B.E. 2562 (2019) (PDPA), Thailand’s Personal Data Protection Committee (PDPC) held a two‑day public hearing on April 1–2, 2026. The hearing followed an online questionnaire and stakeholder engagement activities conducted in March 2026 and reflects the PDPC’s continued efforts to develop guidance that aligns international regulatory standards with Thai operational realities. The public hearing provided a forum for participants from both the public and private sectors to exchange views with the PDPC on the proposed guidance so that it responds to the needs of the business community while supporting effective and balanced enforcement of the PDPA. The PDPC emphasized that the consultation process is part of a wider policy objective to build trust in the convenient, secure, and internationally aligned exchange of data. Structure of the Consultation Process According to the PDPC, the initiative to develop the draft PDPA guidelines is being implemented through three core phases: Review of international best practices. The PDPC has conducted a comparative review of data protection guidance and regulatory approaches in jurisdictions with internationally recognized standards, including Singapore, the United Kingdom, the European Union (EU), and Japan. These materials are intended to serve as a reference point for developing practical recommendations across key subject areas under the PDPA. Identification of practical issues and challenges. To ensure that the guidelines respond to real‑world compliance challenges in Thailand, the PDPC has gathered views from a broad range of stakeholders across the public sector, the private sector, and the general public. This phase included focus group discussions and questionnaires aimed at identifying areas to provide organizations with greater clarity and consistency on regulatory expectations. Preparation of draft guidelines. Insights from the comparative study and stakeholder
Read More
April 3, 2026
On March 16, 2026, Vietnam’s Ministry of Public Security released a draft version of a new Decree on the Prevention and Combating of Cybercrime and High-Tech Crime to replace the currently effective Decree 25/2014/ND-CP. In the draft, the ministry has proposed a comprehensive regulatory framework aimed at addressing violations occurring within the cybersecurity domain, including measures related to intellectual property. Acts of Online IP Infringement Article 9 of the draft decree notably introduces specific provisions addressing online intellectual property infringement, with detailed lists of acts considered to constitute infringement in the online environment. Copyright and related rights infringement includes: Uploading or sharing works, performances, sound recordings, video recordings, broadcasts, computer programs, software, research, documents, theses, or other intellectual creations on digital platforms without the consent of the rights holder. Unauthorized livestreaming of copyrighted television programs, sporting events, or artistic performances. Uploading, sharing, storing, transmitting, or providing links to infringing works or digital content via websites, social networks, applications, or digital platforms. Providing or using software, tools, devices, or access codes to circumvent technological protection measures or evade lawful control mechanisms implemented by rights holders. Using artificial intelligence (AI) tools to replicate the ideas or structure of another person’s work without significant new creativity or without proper attribution, thereby causing damage to the original author. Industrial property infringement includes: Manufacturing, trading, advertising, or distributing counterfeit goods bearing counterfeit trademarks, geographical indications, or industrial designs, as well as goods infringing industrial property rights through online platforms. Unauthorized registration, appropriation, or use of domain names, account names, or digital identifiers that create confusion regarding the rights holder or the origin of goods or services. Producing, using, or offering for sale products containing all or part of a patented invention via online platforms. Advertising or introducing products with technical features or characteristics identical
Read More
April 3, 2026
Thailand’s Securities and Exchange Commission (SEC) has established a comprehensive governance framework for the use of artificial intelligence and machine learning (AI/ML) in the capital markets. The framework provides guidance to capital market business operators on understanding the risks associated with AI/ML implementation and adopting appropriate practices to build public confidence in Thailand’s capital markets. While the guidelines are principle-based rather than prescriptive, they reflect the SEC’s expectations for responsible AI/ML governance and are likely to inform supervisory activities and industry standards going forward. Scope The framework applies to capital market business operators supervised by the SEC. This includes, for example, securities and derivatives firms, asset management companies, mutual fund and private fund managers, investment advisors and investment consultants (including robo-advisory service providers), derivatives intermediaries, and other licensed intermediaries and market operators in the Thai capital markets that deploy AI/ML in their operations. Core Principles of the Guidelines The framework is presented as a best-practice manual rather than prescriptive regulation, providing guidance that regulated entities may apply to their AI/ML governance and risk management as appropriate. While currently nonbinding, the guidelines signal the SEC’s expectations for the sector, particularly in relation to other binding SEC regulations such as those covering IT risk management and market conduct. The guidelines name four core principles for AI/ML deployment: Fairness: Design and develop AI/ML with consideration for fairness, equality, and social diversity to prevent discrimination against individuals or groups. Legal and ethical compliance: Ensure AI/ML use aligns with applicable laws, ethical standards, and organizational values and policies. Accountability: Establish clear responsibility—both internally and externally—for AI/ML activities and outcomes. Transparency: Provide adequate disclosure to users about AI/ML use, including explainability of decisions and traceability of activities. AI/ML Best Practices The guidelines prescribe best practices across four stages of the AI/ML lifecycle, as described below.
Read More
April 2, 2026
Thailand’s Personal Data Protection Act (PDPA) enforcement has entered a new phase, and the insurance industry is squarely in the regulatory spotlight. The Personal Data Protection Committee (PDPC) considers insurers “large-scale” processors of sensitive data—including health records, financial information, and biometric data—making the sector a focal point for enforcement action. In August 2025 alone, the PDPC issued administrative fines totaling THB 21.5 million, and fines for individual violations have ranged from THB 50,000 to THB 2 million. The PDPC has also deployed its “Eagle Eye Crawler,” an AI-driven surveillance tool that monitors websites around the clock for data leaks and noncompliant privacy notices. This article highlights the key regulatory developments directly affecting insurers and outlines practical steps toward compliance. What Has Changed: OIC and PDPC Alignment The Office of Insurance Commission (OIC) has synchronized its sector-specific rules with the PDPA through the Notification on Customer Personal Data Protection (No. 2) B.E. 2568 (2025). The combined effect of the PDPC’s general enforcement push and the OIC’s sectoral guidance creates four critical compliance areas for insurers. Consent unbundling. Consent for marketing must be strictly separated from the core insurance contract; bundling marketing consent into the policy application is no longer permissible. Agent and intermediary oversight. Insurance intermediaries are generally classified as data processors, meaning that insurers—as data controllers—must provide specific written instructions and security protocols to all agents and brokers. A 2026 enforcement trend shows controllers being held liable for the “weak security” of their vendors and downstream processors. Enhanced privacy notices. Insurers must provide a summary privacy notice alongside the full policy, plainly stating categories of data, purposes, lawful bases, disclosure recipients, cross-border transfers, retention periods, data subject rights, and easy marketing opt-out channels. DPO registration and ROPA. All organizations involved in “regular or systematic monitoring of data subjects on
Read More