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

March 13, 2018

Thailand: Update on the Latest Draft of the Personal Data Protection Act

Subscribe to Updates

In January 2018, the government called for the fourth public hearing of the draft Personal Data Protection Act. There were no substantial changes in this draft as compared to the prior version published in March 2015, although minor changes were made. This article reviews some of the key provisions in the latest draft bill, noting where changes have been made from the previous draft.

§5: Definition of “Personal Data” – unchanged

“Personal Data” means any data pertaining to a person, which enables the identification of that person, whether directly or indirectly, but not including data which specifies only the name, title, workplace, or business address and data of the deceased specifically.

§5: Definition of a “Data Controller” – unchanged

“Personal Data Controller” means a person or juristic person with the power and duty to make decisions regarding the collection, use, or disclosure of personal data.

§5: Definition of “Data Processor” – updated

“Personal Data Processor” means a person or a juristic person that collects, uses, or discloses Personal Data on behalf of, or in accordance with, the instructions of a Personal Data Controller.

§20: Consent Requirements and Exemptions – updated

Consent from a Data Subject is still required for the collection of Personal Data. Under the 2015 draft, consent is exempted if data is collected:

  1. for conducting research, statistical analysis, or for the public interest, and the data is kept confidential;
  2. for preventing emergencies or protecting others from danger;
  3. from publicly available information;
  4. in compliance with the law; or,
  5. for other reasons as further prescribed by the Commission.

The new 2018 draft includes two additional provisions:

  1. for the public interest or in the exercise of a government authority, which is the Data Controller, provided that it does not violate the fundamental rights and freedom of the Data Subject; and
  2. for the legitimate interests of the Data Controller or a third party, provided that it does not violate the fundamental rights and freedom of the Data Subject.

§23: Cross-border Transfer of Personal Data – unchanged

Overseas transfers of Personal Data must be made in accordance with a specific regulation, which is to be prescribed by the Commission, except in the following cases:

  • where the law so prescribes;
  • where the consent of the Data Subject has been obtained;
  • where it is in compliance with a contract entered into by the Data Subject and the Data Controller;
  • where it is for the interests of the Data Subject, who is unable to give consent at such time;
  • where it is a transmission to a person who has been granted a mark certifying the standards in relation to personal data protection; or
  • other cases as prescribed by the Commission.

§28: Data Controller’s Duties – updated

Under the 2015 draft, the Data Controller is required to meet the following requirements:

  • Security Measures. Arrange for appropriate security measures to prevent unauthorized access.
  • Prevention Measures. If the personal data must be disclosed to another person (non-Data Controller), the Data Controller must prevent that person from using or disclosing the Personal Data unlawfully, or without authorization.
  • Deletion Requirement. Destroy Personal Data when the permitted period expires, or the Data Subject revokes their consent.
  • Notification of Breach. Inform the Data Subject of any breach incident without delay. The number of cases in which the Data Subjects have been affected must also be reported to the Commission, as required by the Commission.
  • New Internal Assessment Requirement. Frequently assess possible impacts to Personal Data from a privacy aspect.

§29: Data Processor’s Duties – new

The Data Processor is required to:

  • arrange for collection, use, or disclosure of Personal Data, specifically in accordance with the instructions of the Data Controller, except for those instructions which are unlawful or which fall outside the personal data protection requirements under this act;
  • arrange for appropriate security measures to prevent unauthorized access to Personal Data; and
  • prepare and maintain records for processing transactions, as further required by the Commission.

§69 – 73: Penalties – updated

Imprisonment penalties have all been removed. The monetary fines remain unchanged.

§81: Grandfather Provision – new

The Data Controller may continue to use data that was collected before the law became effective for the purpose for which the Data Subject was initially informed. However, the Data Controller must arrange to obtain the consent of preexisting Data Subjects within a period, and under conditions, to be further prescribed by a ministerial regulation, provided that the period under the ministerial regulation does not exceed three years.

Effective Date

The 2018 draft Personal Data Protection Act will be effective 365 days after publication in the Government Gazette. When the law eventually comes into effect, it is sure to have a major impact on business operations. All businesses will need to continue to closely monitor the progress of the Personal Data Protection Act as it continues to move through the legislative process.

Download Full Article
Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

September 11, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published a new five-year master plan that will bring significant regulatory changes to the broadcasting and digital media sectors, including formal licensing requirements for internet-based audiovisual services. The Master Plan for Broadcasting and Television, 3rd Edition (B.E. 2569–2573/2026–2030) was published in the Government Gazette on September 1, 2026, and will affect OTT platforms, internet-based audiovisual service providers, and traditional broadcasters. Licensing Reform The NBTC will develop new licensing frameworks ahead of existing digital television license expirations, which are slated to occur between 2028 and 2030. This creates both uncertainty and opportunity for incumbents and new market entrants. New licensing criteria will also be developed for audiovisual services delivered over the internet, meaning previously unregulated internet-based providers may face licensing, fee, and content obligations for the first time. The plan also calls for a new law to govern converged communications services. OTT Regulation and Content Oversight The plan explicitly acknowledges and aims to lessen the regulatory asymmetry between traditional broadcasters—which are subject to licensing, fees, and content regulation—and internet-based services that currently face fewer obligations. The NBTC intends to develop regulatory frameworks to bring internet-based audiovisual services, including OTT platforms, streaming services, and user-generated content platforms, under content, consumer protection, and licensing requirements. Consumer Protection and Digital Rights The NBTC will strengthen its oversight of broadcasting, television, and telecommunications operators to ensure compliance with consumer protection and personal data protection requirements. This includes updating relevant notifications and orders and more strictly enforcing rules against practices that unfairly exploit consumers. These measures may layer NBTC-specific requirements on top of Thailand’s existing Personal Data Protection Act obligations. Stricter enforcement against practices that exploit consumers is a priority, with particular scrutiny on advertising practices. The NBTC will modernize complaint resolution processes, meaning service providers should
Read More
September 7, 2026
On September 4, 2026, Thailand’s prime minister convened the first meeting of the Data Center Business Policy Committee. The committee endorsed a draft policy framework for the data center industry and tasked four subcommittees with developing the standards that would sit beneath it, shifting away from fragmented, agency-by-agency approvals toward a unified national strategy aiming to maximize economic value while managing environmental and infrastructure concerns. Proposed Scope and Pillars of the National Data Center Policy Framework The proposed framework would cover all types of data centers, including internal or captive facilities operated within a company or its affiliates, rather than only commercial third-party providers. If adopted in this form, companies running private data centers purely for internal purposes would also become subject to regulatory oversight. Minimum safety and operational standards would be established, with uniform enforcement across all categories. The committee endorsed a draft policy framework with four key pillars: Industrial classification: Data centers exceeding 2 MW would be classified as industrial operations, which may require factory licenses and environmental impact assessments under the Factory Act. Resource pricing: Utility rates would be structured to reflect both direct and indirect costs, supporting green energy and green data center standards. Centralized screening: A centralized review would evaluate project suitability and resource allocation. Operators may be required to submit proposals through periodic “pitching” rounds, where projects are competitively assessed on their potential economic and strategic benefits to Thailand. Digital ecosystem: The framework would prioritize data sovereignty, tax incentives, and conditions promoting domestic digital businesses, AI, and cloud infrastructure. Multidimensional Evaluation Criteria and Subcommittees Four subcommittees will be established to develop standards responsible for the following dimensions: Economic: Criteria for assessing the economic viability of data center projects, for use in prioritizing data centers based on infrastructure readiness, demand type (including AI factories),
Read More
September 4, 2026
Foreign business restrictions on telecommunications, treasury center businesses, and intragroup support services were eased when Thailand published the Ministerial Regulation Prescribing Service Businesses Not Requiring Permission for Foreign Business Operations (No. 5) B.E. 2569 (2026) in the Government Gazette on August 28, 2026. The ministerial regulation expands the categories of service businesses that foreign investors may operate without a foreign business license (FBL) under the Foreign Business Act B.E. 2542 (1999) (FBA). Of particular relevance to the telecommunications, fintech, and technology sectors, the ministerial regulation exempts: Type 1 telecommunications licensees, which do not have their own networks; Treasury center businesses operated in accordance with Thailand’s exchange control regulations; and Certain intragroup administrative, human resources, and information technology management services. Telecommunications Services Foreign-owned businesses providing telecommunications services under a type 1 telecommunications license may now operate without obtaining an FBL. This may streamline market entry for qualifying telecommunications and digital infrastructure businesses. The exemption applies only to the FBA licensing requirement. Operators must continue to comply with applicable requirements under the Telecommunications Business Act and the regulations of the National Broadcasting and Telecommunications Commission, and the change does not affect foreign ownership restrictions applicable to type 2 or type 3 telecommunications businesses. Treasury Center Businesses The ministerial regulation also exempts qualifying treasury center businesses from the FBL requirement. This may facilitate centralized treasury functions in Thailand, including liquidity management, foreign exchange management, and intragroup funding arrangements. Treasury center operations remain subject to applicable requirements of the Bank of Thailand and other competent authorities. Intragroup Administrative, HR, and IT Services Certain administrative, human resources, and information technology management services provided between affiliated entities are also exempt, provided the relevant entities satisfy prescribed ownership or management criteria. The exemption is available where the service provider and recipient are related through specified ownership
Read More
September 2, 2026
Thailand and China have a longstanding and significant trade relationship, which increasingly extends to e-commerce and digitally enabled supply chains. While these channels create new opportunities for businesses to reach consumers across borders, their growth also brings greater exposure to intellectual property (IP) infringement across jurisdictions and online platforms. Effective cooperation between the two countries’ enforcement authorities has therefore become increasingly important. To strengthen cooperation in this area, Thailand and China signed a memorandum of understanding (MOU) on IP enforcement in Beijing on July 20, 2026, during the Thai prime minister’s official visit to China. Officially titled “Memorandum of Understanding Between the State Administration for Market Regulation of the People’s Republic of China and the Ministry of Commerce of the Kingdom of Thailand on Cooperation in the Field of Intellectual Property Enforcement,” the MOU forms part of a broader bilateral agenda covering industrial and supply chains, participation by micro, small, and medium-sized enterprises (MSMEs), cooperation associated with the ASEAN–China Free Trade Area 3.0, and progress on the registration of Thai geographical indications in China. The MOU establishes a bilateral framework for cooperation and coordination in five broad areas: Strengthening dialogue in IP enforcement; Enhancing information sharing; Facilitating the enforcement of IP rights in cases arising in the parties’ domestic markets and on online platforms, in accordance with their respective domestic laws; Promoting cooperation in IP enforcement training and human resource development; and Undertaking other cooperation activities agreed upon by both sides. The Department of Intellectual Property (DIP) will serve as the principal coordinating agency for Thailand, while the Bureau of Law Enforcement and Inspection in China’s State Administration for Market Regulation (SAMR) will serve in that role for China. The framework is particularly relevant to the growth of e-commerce, as it covers infringement in the domestic markets and on
Read More