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

May 31, 2019

Thailand’s Personal Data Protection Act Passes into Law

Subscribe to Updates

Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA), approved by the government earlier this year, was published in the Government Gazette on May 27, 2019.

Provisions relating to the collection, use, and disclosure of personal data will come into force one year after publication. The law is written to be extraterritorial, meaning that it applies to data controllers regardless of their location. Therefore, all applicable business operators who collect or process the personal data of data subjects in Thailand must be fully compliant with the PDPA by May 27, 2020.

Restrictions on the Collection and Use of Data

Personal data, in the context of the PDPA, is an extremely broad term covering any data from which an individual can be identified—notably those belonging to customers, employees, and suppliers, etc., but potentially extending to any data held by a company in the course of their business.

The most significant restrictions on the collection and use of such data under the PDPA are:

  • a requirement for data controllers to obtain consent from data subjects (in writing or online) before they can process their personal data (subject to certain exceptions);
  • more stringent requirements for sensitive personal data;
  • a requirement to arrange sufficient security measures for storing personal data and sensitive personal data;
  • restrictions on the transfer of personal data to other countries;
  • data breach notification requirements; and,
  • a requirement for data controllers outside Thailand to appoint a representative within the jurisdiction, who will have certain rights and obligations.

Rights of Data Subjects

In addition, the PDPA grants data subjects various rights over data held by others that relates to them, including, amongst others, right of access, right to erasure, right to object, and the right to data portability. Data controllers must ensure that they honor and guarantee those rights as part of their operations.

Sanctions for Non-Compliance

Penalties for noncompliance are severe, with each offence potentially incurring administrative fines of up to THB 5 million, and criminal fines of up to THB 1 million. The court can also award punitive damages of up to twice the damage caused, and imprisonment for up to a year.

How to Prepare

Given the wide impact of these amendments, and the short grace period for compliance, prudent business operators should conduct a gap analysis in order to understand the classes of data that they currently possess; identify current levels of compliance; assess and mitigate the risks involved in each activity which falls under the PDPA; and review their internal policies, agreements, practices, and any other instruments related to personal data to resolve issues identified in the gap analysis before May 27, 2020.

Business operators should also take necessary actions to ensure that their employees and personnel are fully trained and ready to handle the PDPA in a practical and efficient manner. Business operators should also take the opportunity to review their systems—both online and offline—to ensure that any personal data under their possession is secure held.

If you have any questions, please contact Athistha (Nop) Chitranukroh at [email protected] or Gvavalin Mahakunkitchareon at [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

August 25, 2026
Vietnam has enacted a new decree establishing administrative penalties for violations in the fields of cybersecurity and personal data protection. Decree No. 330/2026/NĐ-CP (Decree 330), issued and effective from August 19, 2026, provides a detailed sanctions framework for noncompliance with the Law on Personal Data Protection (including its implementing regulations under Decree 356/2025/ND-CP) and the Law on Cybersecurity, together with their guiding decrees. The issuance of Decree 330 signals that the practical grace period previously perceived by many businesses may be drawing to a close, with active regulatory enforcement in these areas expected to commence in earnest. Scope and Key Provisions Decree 330 has extraterritorial effect and applies to both onshore and offshore companies. For offshore companies, it applies to those that (1) provide telecommunications, internet, online-content, information-technology, cybersecurity, or cross-border services and (2) are involved in or related to the processing of personal data of Vietnamese citizens and certain other people of Vietnamese origin. Decree 330’s key provisions cover the following areas: Administrative penalties for violations relating to the protection of national security and public order in cyberspace, including the dissemination of unlawful, false, or unverified information. Sanctions for cyberattacks, unauthorized access, introduction of harmful code or programs, and failure to cooperate with specialized cybersecurity forces. Sanctions for personal data protection violations, such as consent, cross-border data transfers, impact assessments, breach notification, and data-subject rights, among others—with maximum fines of up to 5% of an organization’s preceding-year revenue for cross-border transfer violations, or up to VND 3 billion for other data-protection breaches. Personal Data Protection Penalties The key sanctions for personal data protection violations are as follows: Consent violations: Fines of up to VND 70 million (approx. USD 2,642), plus potential additional sanctions and remedial measures including irreversible deletion of personal data collected without consent and confiscation of
Read More
August 25, 2026
Thailand’s Electronic Transactions Development Agency (ETDA) is studying potential new regulatory measures for digital platform services that could significantly expand the country’s digital platform governance framework. The ETDA has already conducted one public consultation session on the proposed measures and will hold additional sessions on August 25 and September 2, 2026, covering five types of platform services under the Royal Decree on Digital Platform Services B.E. 2565 (2022). The measures under study are preliminary and may be changed based on consultation outcomes. Foundational Measures Applicable to All Platform Types Seven baseline obligations would apply across all digital platform categories: Transparency reports. Platforms must prepare and publish statistical reports on platform governance activities, including the number of content items removed or restricted and appeal outcomes, in a comparable format. Notice and action mechanism. Platforms must establish minimum standards for channels to report potentially illegal content or goods, conduct case-by-case review, provide explanations when content is removed or restricted, and maintain an internal appeals channel. Rights over automated decision-making. Users significantly affected by automated decisions are granted rights to request an explanation, request human review, and contest the decision. Service level agreements (SLAs). Platforms must publish minimum standards for response times, processing timelines, progress notifications, and remedies for incidents on the platform. Labeling of AI-generated content. Content generated or modified by AI must carry visible labels and machine-readable metadata, with exceptions for creative works that disclose AI use in a nonmisleading manner. Prohibition of dark patterns. User interface designs that deceive, coerce, or distort user decision-making are prohibited, including hiding critical information, creating false urgency, or making service cancellation unreasonably difficult. Business user fairness. Platforms must meet minimum standards for the treatment of sellers, workers, and content creators, including advance notice of term changes, explanation of account suspensions or visibility reductions,
Read More
August 20, 2026
Thailand has established a new cross-ministerial committee to oversee data center operations nationwide. On August 5, 2026, the Thai cabinet approved the Prime Minister’s Office Regulation on the Data Center Business Policy Committee, which was published in the Government Gazette on August 13, 2026, and is now in effect. The regulation reflects the government’s policy to elevate Thailand’s digital economy and promote investment in digital infrastructure and AI. The key features of the new committee are outlined below. Definition of “Data Center” Under the regulation, “data center” is defined as a building, premises, or structure that uses electronic equipment to provide services related to the collection, storage, processing, hosting, or transmission of data by electronic means to third parties that are not affiliates, as further determined by the Data Center Business Policy Committee. Committee Composition The committee will be chaired by a deputy prime minister designated by the prime minister, and will have three vice-chairs comprising the ministers of digital economy and society, interior, and energy. The committee also includes 12 ex-officio members: the permanent secretaries of finance, agriculture, natural resources, energy, interior, digital economy, industry, and commerce; the secretaries-general of the Board of Investment (BOI), Energy Regulatory Commission, National Broadcasting and Telecommunications Commission (NBTC), and National Water Resources Office; and the director of the Energy Policy and Planning Office. Up to three expert members may be appointed by the prime minister for two-year terms, renewable once. The secretary-general of the National Economic and Social Development Council (NESDC) serves as member and secretary, with up to two NESDC officials serving as assistant secretaries. Powers and Duties The committee is empowered to: Propose policies, standards, and operational frameworks for government agencies in approving, licensing, issuing investment promotion certificates, or providing services to data center operators in Thailand; Study, analyze, and
Read More
August 14, 2026
Thailand’s Office of the Insurance Commission (OIC) has issued guidelines clarifying the boundaries between permissible and prohibited activities for unlicensed individuals—including influencers, bloggers, and content creators—when communicating about insurance products on social media. The Good Practice Guidelines for Persons Not Licensed as Insurance Agents or Brokers Regarding the Dissemination of Insurance Content Through Digital Media B.E. 2569 (2026) took effect on July 24, 2026. Activities Requiring a License The guidelines reserve the following activities for licensed agents and brokers: Soliciting or facilitating insurance contracts. Providing personalized advice on product suitability. Recommending policy cancellation to purchase promoted products. Creating links that facilitate contract formation. Receiving performance-based compensation tied to policies or premiums generated. Importantly, boilerplate disclaimers such as “this is not a recommendation to buy insurance” will not shield individuals from liability if the OIC views the content as personalized advice or solicitation. Permitted Activities Unlicensed persons may present general educational content about insurance—such as explaining terminology, sharing industry statistics, reporting news, or sharing personal experiences—provided the content does not target specific individuals to purchase from specific companies. The guidelines also set out best practices for communication, including presenting information in a fair and balanced manner that covers both benefits and limitations, encouraging consumers to read policy terms and consult licensed professionals, verifying information from credible sources before dissemination, and exercising special care when the audience may include vulnerable groups such as persons aged 60 and older. Prohibited Practices Prohibited practices include fear-based marketing, creating artificial urgency, omitting material limitations, making exaggerated claims, falsely claiming professional credentials, using fake engagement mechanisms, and sharing false or misleading content. The guidelines also reinforce the prohibitions under section 83 of the Life Insurance Act B.E. 2535 and section 78 of the Non-Life Insurance Act B.E. 2535 against soliciting insurance contracts with foreign operators
Read More