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

January 22, 2019

Thailand’s Draft Personal Data Protection Act at Final Consideration Stage

Subscribe to Updates

Thailand’s draft Personal Data Protection Act (PDPA), which was approved by the Council of State in December 2018, is now under consideration of the National Legislative Assembly (NLA), which will appoint an extraordinary committee to consider the details. Once the committee approves the draft, the NLA will consider their opinion, issue a final approval, and present it to the monarch to be signed into law.

It will then be published in the Government Gazette before becoming effective, which is expected within 2019. Most provisions will come into force 180 days after publication in the Government Gazette.

Highlights of the current draft PDPA include:

  • Extraterritorial effect. Overseas data controllers and processers can be subject to the PDPA if they offer any goods or services to data subjects in Thailand, or monitor any behavior that takes place within Thailand. Such overseas data controllers and processers must also appoint a local representative and comply with the PDPA. The concept has been adopted substantially from the GDPR.
  • Definition of Personal Data. The definition of “Personal Data” remains unchanged from the previous draft—i.e., any data pertaining to a person that enables the identification of that person, whether directly or indirectly, but specifically excluding data of the deceased. Personal Data does not include business information (business title, business address, and business contact details).
  • Definition of a Data Subject. This definition has been entirely deleted since the previous hearing. Interpretation of “Data Subject” now varies section-by-section.
  • Collecting consent. Requests for consent must be clear and must not be made to deceive or mislead the data subject. Consent must be made in writing or via electronic means, unless impossible by its nature. Consent can be exempted in several circumstances, including for vital interests, legitimate interests, public interests, and the performance of contractual obligations. 
  • Parental consent for minors. The draft PDPA still requires parental consent for data subjects under 10 years old, and parental consent in certain circumstances for minors over 10 years old.
  • Sensitive personal data. Categories of sensitive personal data are unchanged from the previous draft, including labor union-related data, genetic data, and biometric data. 
  • Transfer to third countries. The requirements and exemptions for the transfer of personal data to a third country which does not have an adequate level of protection (generally strictly prohibited) are unchanged. The exemptions are:
  1. transferring personal data pursuant to applicable laws;
  2. consent from the data subject, who has been informed that the third country lacks a suitable level of data protection;
  3. it is necessary to comply with contracts in which the data subject is a party, or pursuant to the data subject’s requests prior to entering into contracts;
  4. transfer in accordance with an agreement between a data controller and another entity for the benefit of the data subject;
  5. to prevent or suspend damage to the life, body, or health of the data subject, or other persons, when the consent of the data subject could not be obtained at that time; and
  6. when necessary for substantial public interest purposes.
  • Right to data portability. The PDPA still grants data subjects the right to data portability.
  • Data protection officer. Data controllers and data processors must designate a data protection officer when their collection, use, or transfer of personal data regularly requires monitoring of personal data or systems, due to the possession of personal data on a large scale, as designated by the Personal Data Protection Commission, or when their core activities relate to collecting, using, or transferring sensitive personal data.
  • Civil liabilities. Civil liability remains unchanged—the court can order punitive damages up to twice the value of the actual damage.
  • Administrative fines. Administrative fines range from THB 1 million to THB 5 million, as in the previous draft.

We will continue to monitor the status of this draft PDPA closely. If you have any questions, please contact Athistha (Nop) Chitranukroh at [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

May 25, 2026
Thailand published new rules on May 1, 2026, establishing clear procedures for how the Anti-Money Laundering Office (AMLO) handles digital assets seized during criminal and money laundering investigations. Taking effect the following day, the Regulation of the Anti-Money Laundering Board on the Custody and Management of Seized or Frozen Assets (No. 3) B.E. 2569 applies to digital asset businesses, cryptocurrency holders, and anyone subject to asset seizure under Thailand’s anti-money laundering laws. For the first time, authorities now have a detailed roadmap for transferring seized digital property from private or foreign control into secure state custody. Digital asset businesses holding customer assets under investigation must be prepared to comply with these rules compelling repatriation of such assets in enforcement actions. Expanded Definition of Digital Assets The regulation defines digital assets to include not only those covered by Thailand’s existing digital asset business law but also any other property that can be stored using the same methods as digital assets. This broad formulation means the custody rules will apply to emerging blockchain-based assets and tokenized property that may not yet fall within the statutory definition of a digital asset business, giving authorities flexibility as the technology evolves. Mandatory Transfer to Domestic Custody When digital assets are held with service providers outside Thailand, AMLO will first attempt to transfer them to an account the office maintains with a licensed domestic digital asset business operator. If the domestic operator does not support that particular asset, the office will instead move the assets to its own cold wallet (offline, internet-isolated storage system). If neither option is feasible, the seizing official will report the situation to the Anti-Money Laundering Committee for alternative instructions. A similar hierarchy governs assets held in an accused party’s private wallet or by any third party that is not a
Read More
May 22, 2026
On May 8, 2026, the Thai government held a press conference to announce a coordinated, multiagency initiative to strengthen oversight and enforcement over products sold on online platforms. The initiative involves the Office of the Consumer Protection Board, the Thai Industrial Standards Institute, the Electronic Transactions Development Agency, the Thailand Consumers Council, the Consumer Protection Police Division, and major online platform operators. With this appointment, the government has signaled a deliberate shift from a predominantly reactive enforcement framework toward a more proactive regulatory and monitoring approach for online commerce and digital platform services. Legal and Regulatory Reform The government is accelerating a proposed Product Liability Law that would introduce new statutory frameworks for defective or substandard products, along with amendments to food safety and consumer protection legislation. The draft law has already been approved by the cabinet; the Council of State and relevant authorities will further draft the law and subsequently issue it for public hearings prior to enactment. Authorities also plan to expand enforcement measures against noncompliant businesses and distributors. In particular: The implementation of stricter “know your merchant” (KYM) identity verification requirements for online sellers. Expanded mandatory standards and regulatory oversight for high-risk products, such as power banks, electrical appliances, food products, and household goods. Increased monitoring of online product listings, and coordination with platform operators to remove unsafe, counterfeit, misleading, or otherwise noncompliant products. Additional monitoring and enforcement measures targeting online scams and illegal goods distributed through digital platforms, including e-cigarettes, which authorities identified as a growing concern due to increasing online distribution channels and potential health impact on young consumers. Strengthening Consumer Complaint Mechanisms The government announced increased cooperation with the Thailand Consumers Council and other agencies to facilitate complaint handling, market monitoring, and policy recommendations. Enhanced interagency coordination will aim to ensure that consumer
Read More
May 19, 2026
Thailand’s telecommunications regulator has introduced a range of new compliance obligations for telecom licensees aimed at preventing and suppressing technology crime. On May 15, 2026, the National Broadcasting and Telecommunications Commission (NBTC) published in the Government Gazette Notification on Measures for Prevention and Suppression of Technology Crime No. 2, which amends the original NBTC notification dated August 24, 2025. The amendment derives its authority from the Emergency Decree on Measures for Prevention and Suppression of Technology Crime B.E. 2566 (2023), as amended in 2025, and took effect on May 16, 2026. SIM Card Registration Cap for Non-Thai Nationals Persons without Thai nationality are now limited to a maximum of three SIM cards per person per service provider. Identity verification must be done primarily via passport. For those without a passport, acceptable alternatives include travel documents or certificates of identity issued by foreign governments, accompanied by additional Thai government-issued documents, as well as pink ID cards (for persons without Thai nationality) and white ID cards (for persons without registration status). Registration must be done in person at a branch or authorized dealer. Service providers must develop their identity verification systems and obtain NBTC approval before deployment. SIM Activation Deadline and SIM Box Prohibition Both Thai and non-Thai service users must activate their registered SIM within 60 days of registration. If they fail to do so, they must re-verify their identity in person before activation, confirming they are the same person who originally registered. Service providers must prohibit SIM box and gateway devices capable of supporting four or more SIMs from connecting to their mobile networks unless the device has received a license under the Radio Communications Act. Blacklist Enforcement Service providers must refuse registration of additional mobile numbers for persons listed on a technology crime-related database maintained by the Royal
Read More
May 6, 2026
Thailand has introduced new requirements for online social media platforms to verify the identity of paying advertisers before publishing their advertisements. On May 5, 2026, the Electronic Transactions Commission published the Notification on Measures for Prevention of Technology Crime for Online Social Media (No. 2) in the Government Gazette. The notification, which aims to prevent technology crimes such as fraud and scams, takes effect 180 days after publication (i.e., on November 1, 2026). Mandatory Advertiser Identity Verification Online social media service providers must verify the identity of every advertiser before publishing an advertisement. Verification remains valid for up to one year from the most recent verification date. The notification requires social media providers to use either of the following methods when verifying advertisers: Document-based verification: Examine government-issued identity documents (e.g., national ID, passport, or juristic person registration certificate), cross-check the connection between the advertiser and the identity documents (e.g., facial comparison with photo ID), and ensure that the identity documents are verifiable against reliable sources. Digital identity verification: Use an identity verification system with a level of assurance no lower than that prescribed by the Electronic Transactions Commission. Advertiser Data Collection and Retention Service providers must collect and retain certain data—including name, identification number, and contact details—from the start of the advertising service and for a minimum of 90 days after the end of the advertising service relationship. The same requirements apply where there is a third-party payer, such as an ad agency. Implications for Affected Businesses The notification raises two key areas of concern for affected businesses: Social media platforms must implement know-your-advertiser (KYA) onboarding as described above, including document upload and identity matching processes. The 180-day implementation window requires immediate technical and operational planning. The collection and retention of national ID cards, passport copies, and other personal
Read More