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​ 

July 6, 2026
Indonesia’s regulation on reporting online intellectual property (IP) infringement provides comprehensive procedural guidance for IP rights holders and their licensees in reporting online infringement complaints. Issued in December 2025 by the Ministry of Law as Regulation No. 47 of 2025 regarding Handling of Intellectual Property Infringement Reports in Electronic Systems, this regulation covers all types of IP rights. It also specifies documentation when reporting infringement, and lays out the procedures for examination, verification, and enforcement actions. Submission of Complaints Complainants may submit reports through the online system of the Directorate General of Intellectual Property (DGIP) or in person at the DGIP office. Complaints may also be filed through an authorized proxy. Under the regulation, complainants are required to provide the following information and documents: Personal details of the complainant; Brief description of the protected work or subject matter (i.e., type of IP and name or address of the infringing website, portal, account, or application, or a link to the location of the infringing content); Complete description of the alleged infringement; Certificate of registration or recordal of the relevant IP; Recordal of IP license agreement, if any; and Other supporting evidence. Verification and Examination Process Upon receiving a complaint, the responsible formality officer may request clarification or additional supporting documents. In the latter case, the complainant must then submit the necessary administrative documents within 14 days of the notification date. Once the documentation is deemed complete and sufficient, the case will be formally registered. Subsequently, the DGIP will establish a verification team to handle online IP violations, which will include the Civil Servant Investigator (PPNS), the Ministry of Communication and Digital Affairs, experts with relevant expertise in IP, and representatives from related associations such as AVISI (Indonesian Video Streaming Association). After examining the report, the team will prepare the Minutes
Read More
July 6, 2026
Tilleke & Gibbins has contributed the Vietnam chapter to Data Protection & Privacy 2027, a global guide published by Lexology Panoramic that provides comparative insights into data protection and privacy regimes across multiple jurisdictions. The Vietnam chapter offers a comprehensive overview of the country’s data protection framework, addressing both regulatory structure and practical compliance considerations for businesses operating in or engaging with Vietnam. Topics covered include: Law and the regulatory authority: Legislative framework; data protection authority; cooperation with other data protection authorities; breaches of data protection law; judicial review of data protection authority orders Scope: Exempt sectors and institutions; interception of communications and surveillance laws; other laws; personal information formats; extraterritoriality; covered uses of personal information Legitimate processing of personal information: Lawful bases for processing; grounds for legitimate processing; types of personal information Data handling responsibilities of owners of personal information: Transparency; exemptions from transparency obligations; data accuracy; data minimization; data retention; purpose limitation; automated decision-making Security: Security obligations; notification of data breaches; internal controls Accountability: Data protection officer requirements; record-keeping; risk assessment; design of personal information processing systems Registration and notification: Registration requirements; other transparency duties Sharing and cross-border transfers of personal information: Sharing with processors and service providers; restrictions on third-party disclosures; cross-border transfers; further transfers; localization requirements Rights of individuals: Right of access; other statutory rights; compensation Enforcement: Enforcement mechanisms; exemptions, derogations, and restrictions; further exemptions and restrictions Specific data processing: Cookies and similar technologies; electronic communications marketing; targeted advertising; sensitive personal information; profiling; cloud services The chapter concludes with an update on key legal and regulatory developments over the past year and emerging trends in Vietnam’s data protection landscape. The full Vietnam chapter is available as a PDF through the button below. Readers can also gain 30 days of complementary access to the full Data
Read More
July 2, 2026
Thailand’s Electronic Transactions Development Agency (ETDA) released a new version of the draft Act on Artificial Intelligence on July 2, 2026, for a public hearing period expected to be approximately 30 days. The draft act adopts a risk-based regulatory approach modeled in part on international frameworks—particularly the EU’s AI Act—while incorporating provisions tailored to Thailand’s regulatory landscape and digital economy objectives. If enacted in its current form, the law would introduce extraterritorial obligations, a tiered risk classification system, strict liability for AI-related damages, and new transparency requirements for AI-generated content. Scope and Extraterritorial Application The draft act applies to AI development, deployment, or any other action affecting people in Thailand, even if the action occurs outside the country. Of note: This extraterritorial reach creates compliance obligations for global AI companies whose systems impact Thai residents or consumers, even if the provider has no physical presence in Thailand. Foreign AI providers serving Thai deployers or users must appoint a local coordinator or authorized representative. Depending on the type of AI system, the representative may need full authority to act on behalf of the provider without any limitation of liability. Certain activities are exempt from the draft act’s oversight, including AI used by natural persons solely for personal or household activities, AI for educational research conducted by higher education institutions with ethics committee approval, research and development activities conducted prior to distribution or service provision, and other AI systems prescribed by royal decree. Risk-Based Classification Framework The draft act establishes a tiered risk classification system with three main categories: Prohibited AI. The act outright prohibits AI systems employing cognitive-behavioral manipulation using subliminal techniques, AI systems causing unfair broad-scale discrimination from processing irrelevant data, and other categories of serious risk as determined by announcement of a forthcoming committee that will be responsible
Read More
June 25, 2026
On June 18, 2026, Thailand’s Office of the Personal Data Protection Committee (PDPC) published two notifications in the Government Gazette establishing Thailand’s first formal certification framework for personal data protection standards under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The notifications, which took immediate effect, introduce a voluntary certification framework aimed at promoting accountability, strengthening organizational data protection governance, and aligning Thailand more closely with international frameworks that recognize certification as a key compliance tool. Certification Criteria The first notification sets out the assessment criteria for organizations seeking certification. Applicants must undergo an evaluation against a framework comprising four assessment categories, 10 focus areas, and 128 assessment criteria covering key elements of a privacy management program. These include: Organizational oversight and internal policies and procedures. Human resource development, including staff training and awareness programs. Clearly defined operational processes and procedures covering data subject rights, transparency obligations, records of processing activities, and lawful basis management, as well as contractual safeguards such as data-processing and data-sharing agreements and risk assessments, including Data Protection Impact Assessments. Technical measures encompassing data security controls and breach response capabilities Based on the assessment results, organizations may be awarded either a PDPA Compliance Certificate or a higher-level PDPA Certificate accompanied by a certification mark. Application and Assessment Process The second notification establishes the application and assessment process for obtaining certification. Eligible applicants include government agencies and private-sector entities that demonstrate sufficient privacy governance maturity and meet the prescribed eligibility requirements. Applicants must submit their applications along with supporting documentation for review. Upon receiving an application, the Office of the PDPC will conduct a detailed evaluation, which may include both documentary review and on-site inspections. Incomplete applications may be rejected, though applicants are typically given a limited period to correct deficiencies before a final decision
Read More