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

December 24, 2019

Thailand’s Personal Data Protection Act – Requirements for Employers

Subscribe to Updates
Taylor Vinters – International Employment Law Update

If an employer collects employees’ personal information, the employer must comply with the Personal Data Protection Act (PDPA).

Thailand’s PDPA, which was enacted earlier this year, contains significant new requirements for employers that collect employees’ (called “data subjects” in the PDPA) personal information. Most sections of the PDPA will become effective on May 27, 2020, so employers should be aware of their duties and liabilities.

Important PDPA requirements that relate to employers include the following:

  • Employees’ personal information can be collected only to the limited extent necessary for the employer’s lawful purpose.
  • Employers cannot collect employees’ personal information from any source apart from the employees themselves.
  • Employers must prevent employees’ personal information from being disclosed, lost, or altered.
  • Employers must delete employees’ personal information after a certain time period.
  • Employers must receive consent from employees to collect, use, or disclose the employees’ personal information.
  • Employers must inform a special government-run Personal Data Committee if an employees’ personal information is leaked.

Employers who violate the PDPA could face civil or criminal liability, as well as administrative fines, depending on the claim and breach.

Civil Liability

If an offender is found to be civilly liable (e.g. an employee sues the employer for damages arising from a breach of the PDPA), the court can order the offender to pay punitive damages capped at twice the actual damages.

Criminal Liability

The PDPA also contains criminal liability for certain offences. Penalties are set at a maximum of six months’ imprisonment, a fine of up to THB 1 million (approximately EUR 30,000), or both. If the offender is a corporate entity, and the offence is committed because of an order or act by a director, manager, or any associated persons responsible for the act, those individuals would face criminal liability and be subject to the above penalties. Moreover, a person who has a duty to order or perform any act but fails to carry out his or her duty, resulting in the company committing an offence, is also criminally liable and subject to the above penalties.

Administrative liability

Companies can also face administrative fines for violation of the PDPA, which range from THB 500,000 to THB 5 million (approximately EUR 15,000 to EUR 150,000).

Comment

If an employer collects, uses, or discloses employees’ personal information, then the employer should be aware of the PDPA’s requirements. Otherwise, the employer can face criminal, civil, or administrative penalties.

Related Professionals

Practices

Employment

Location

RELATED INSIGHTS​ 

March 27, 2024
Cambodia’s Ministry of Labor and Vocational Training issued the Notification on the Compensation for Terminating an Employment Contract on March 21, 2024, clarifying the compensation due to employees upon the termination of their employment contracts. The notification outlines different requirements depending on the nature of the termination and the type of employment contract, as laid out below. Termination without Valid Reason and in Absence of Serious Misconduct If an employment contract has been terminated by an employer without a valid reason and the employee did not commit any serious misconduct as defined under the relevant article of the Labor Law, the employer must compensate the employee as follows: Fixed-Duration Contract: Wages that have not yet been paid; Unused and unpaid annual leave through the termination date; Severance payment equal to at least 5% of the wages paid to the employee during the length of the contract; and Damages for being laid off before the expiration date of the fixed-duration contract, at least equal to the wages the employee would have received had he or she completed the original contracted term of employment. Unspecified-Duration Contract: Wages that have not yet been paid; Unused and unpaid annual leave through the termination date; Compensation in lieu of notice if the employer did not give prior notice in accordance with the Labor Law; Seniority indemnity for the semester that the employee is terminated and total seniority back payments that have not been paid; and Damages for being laid off, in an amount equal to the seniority payment received during the employment contract. Termination in Cases of Serious Misconduct Employees who commit any serious misconduct as defined under the Labor Law (regardless of whether they are under a fixed-duration or unspecified-duration contract) are entitled only to the following compensation: Wages that have not yet
Read More
March 18, 2024
Lawyers from Tilleke & Gibbins’ labor and employment team have contributed a new Vietnam chapter to Thomson Reuters Practical Law’s Employment and Employee Benefits Global Guide. The guide provides a high-level comparative overview of employment laws and regulations across various jurisdictions around the world. Tilleke & Gibbins also contributed the Myanmar chapter of the guide. The Vietnam chapter covers a wide range of typical employment matters, such as limitations on working hours, paid leave requirements, minimum wage, and health and safety obligations. In addition, the guide provides insight on a number of topics of special interest to foreign investors doing business in Vietnam, including the following: Mandatory contents of a labor contract; Visas and permits required for expatriate employees; Employers’ obligations for protecting employees’ privacy and personal data; Procedural requirements for the dismissal of an employee; Employer and parent company liability. To view the latest version of Employment and Employee Benefits, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
Read More
February 28, 2024
The Myanmar Investment Commission (MIC) has announced the opening of the trial period for MIC-permitted or MIC-endorsed companies to reenter investment data for using the Myanmar Investment Online (MyInO) system. The trial period is open until June 30, 2024. The MyInO system allows for the submission and recordal of applications for investment under the Myanmar Investment Law. With the implementation of phase 2 from September 1, 2023, applications for the appointment or resignation of foreign experts and employees within MIC-permitted or MIC-endorsed companies can now be submitted manually or through the Investment Monitoring System available on MyInO. To initiate the application process in MyInO, applicants are required to create an account on the platform. Subsequently, companies holding an MIC permit or endorsement must reenter all investment-related data since the obtaining of the relevant permits/endorsements, in compliance with the announcement. Following this data update, applications can be filed through MyInO. After this trial period, the submission of applications for appointments will be available online. The benefit of using MyInO to submit a foreign expert or employee appointment or resignation application is that the application can be submitted within 30 days of the foreign expert’s arrival in Myanmar. In contrast, hard copy applications must be submitted within seven working days of arrival. According to the Myanmar Investment Law, a foreign expert is one who qualifies as a senior manager, technical or operational expert, or advisor in permitted or endorsed companies within Myanmar. For assistance with completing the investment data reentry process or filing applications for appointment or resignation of foreign experts or employees, or for further details on any aspect of the Investment Monitoring System under MyInO, please contact Tilleke & Gibbins at [email protected].
Read More
February 9, 2024
Tilleke & Gibbins employment specialists in Myanmar have contributed an updated Employment and Employee Benefits in Myanmar overview for Thomson Reuters Practical Law, an online publication that provides an overview of employment and employee benefits in jurisdictions worldwide. The Myanmar overview was written by members of Tilleke & Gibbins’ Yangon office, including Yuwadee Thean-ngarm, director; Nwe Oo, senior associate; and Kyaw Min Tun, associate. The chapter covers a wide range of key employment topics, including employment status, background checks, regulation of the employment relationship, minimum wage, working hours and holidays, illness and injury of employees, discrimination and harassment, termination of employment, resolution of employer-employee disputes, redundancy/layoffs, employee representation and consultation, business transfer and insolvency, employee relocation, health and safety obligations, taxation of employment income, intellectual property issues, and more. Practical Law, one of the many legal reference resources from Thomson Reuters, publishes a wide range of guides for hundreds of jurisdictions and practice areas. The Employment and Employee Benefits Global Guide covers 44 jurisdictions around the world, with Tilleke & Gibbins also providing the Vietnam chapter of the guide. To view the latest version of the Employment and Employee Benefits in Myanmar overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
Read More