Overview
Thailand’s Personal Data Protection Act (PDPA) sets strict rules for how businesses collect, store, and process personal data. Designed to align with global data privacy standards, the PDPA applies to all businesses handling personal data in Thailand—even those based abroad.
Silk Legal has extensive experience advising businesses on data protection compliance under Thailand’s Personal Data Protection Act (PDPA). Our team works with both startups and established enterprises to develop comprehensive data governance frameworks, ensuring compliance with regulatory requirements while minimizing legal risks. We assist with policy drafting, data audits, cross-border data transfers, and regulatory engagement, helping clients implement best practices that align with Thai and international data protection standards. Whether you need assistance with PDPA readiness, data breach response, or ongoing compliance, Silk Legal provides tailored solutions to safeguard your business and customer data.
Understanding Key PDPA Terms
What is a Data Controller?
A data controller is a person or organization that decides why and how your personal data is collected, used, and shared. They have the authority to make key decisions regarding collected data.
What is Data Processor
A data processor is a person or organization that handles personal data on behalf of, and under the instructions of, a data controller. They act as a service provider, performing specific tasks with collected data.
What counts as 'Sensitive Personal Data?'
Personal data is any piece of information that can directly or indirectly identify a living individual, such as their name, address, and contact details. The PDPA further defines 'sensitive personal data' as information that are extra private such as racial or ethnic origin, political opinions, or sexual orientation.
Key Compliance Requirements
Consent & Transparency
Businesses must obtain clear consent before collecting data and inform individuals how their data will be used.
Data Security
Companies must implement safeguards to prevent data breaches and unauthorized access.
Custody & Asset Protection
Individuals have the right to access, correct, or request the deletion of their personal data.
Cross-Border Data Transfer
Businesses must ensure legal compliance when transferring personal data outside Thailand.
Common Violations of Data Privacy Regulations
Failing to comply with Thailand’s Personal Data Protection Act (PDPA) can lead to severe legal and financial consequences.
Below are some of the most common violations:
Collecting Personal Data Without Consent
Businesses must obtain clear and informed consent before collecting personal data, except in legally exempted cases.
Failure to Provide Privacy Notices
Organizations must inform individuals how their data will be used, stored, and shared through a clear and accessible privacy policy.
Unauthorized Data Sharing or Transfers
Transferring personal data to third parties or across borders without proper legal justification or user consent is a violation.
Inadequate Data Security Measures
Businesses must implement encryption, access controls, and cybersecurity protocols to protect personal data from breaches or unauthorized access.
Failure to Implement KYC and AML Standards
Companies handling financial transactions, crypto assets, or fintech services must follow Know Your Customer (KYC) and Anti-Money Laundering (AML) protocols to prevent fraud and illicit activities.
Ignoring Data Subject Rights
Individuals have the right to access, correct, delete, or restrict the use of their personal data. Failing to process these requests within the legal timeframe is a violation.
Data Retention Beyond Legal Limits
Businesses must delete or anonymize personal data once it is no longer needed for its original purpose, unless legal obligations require extended retention.
Failure to Report Data Breaches
Companies handling financial transactions, crypto assets, or fintech services must follow Know Your Customer (KYC) and Anti-Money Laundering (AML) protocols to prevent fraud and illicit activities.
Non-Compliance with Regulatory Audits
Businesses may be required to undergo regular compliance audits by regulatory bodies. Failure to cooperate or provide accurate information can lead to fines and penalties.
Penalties for Non-Compliance
Failing to comply with Thailand’s Personal Data Protection Act (PDPA) can lead to severe legal and financial consequences. Violators can face civil, criminal, and administrative penalties for the same violation. Multiple incidents can lead to multiplied penalties.
Below are some of the most common violations:
Administrative Penalties
Administrative fines apply to Data Controllers, Data Processors, and individuals. Administrative fines are based on the severity of the breaches.
Not informing data subjects about collection details, lack of a complete Record of Processing Activities (ROPA), and failure to appoint a Data Protection Officer (DPO) may incur fines of up to THB 1 million.
Processing data for undeclared purposes, collecting/using/disclosing data without consent, and not reporting data breaches within 72 hours may incur fines of up to THB 3 million.
Collecting/using/disclosing sensitive data without explicit consent or any legal basis, as well as transferring sensitive data to jurisdictions with inadequate data protections may incur fines of up to THB 5 million.
Civil Penalties
This applies to Data Controllers and other individuals who bear responsibilities under the PDPA.
Regardless of whether non-compliance was intentional or due to negligence, violators must may have to pay direct losses incurred by the affected parties as well as punitive damages (up to 2x the actual compensation).
Criminal Penalties
This applies to Data Controllers and responsible individuals who have committed serious PDPA violations, primarily causing harm or reputational damage through the use of data without consent, lawful purpose, or transferring data to jurisdictions with inadequate data protection laws.
Penalties may include 6 months imprisonment and/or a fine of up to THB 500,000. Violators unlawfully benefiting from the offense may face 1 year imprisonment or up to THB 1 million in fines.
Unauthorized disclosure of personal data by responsible individuals also face 6 months imprisonment and/or up to THB 500,000. Responsible individuals within a company can also face the above-mentioned penalties.
Silk Legal’s Data Protection & Privacy Compliance Services
PDPA & GDPR Compliance
Assistance with implementing privacy frameworks, securing regulatory approvals, and ensuring data handling best practices.
Privacy Policy & Consent Management
Drafting privacy policies, consent forms, and internal guidelines for data collection and processing.
Data Protection Audits
Identifying compliance gaps, security vulnerabilities, and risks in your organization’s data-handling practices.
Cross-Border Data Transfers
Ensuring compliance with international data transfer regulations and legal mechanisms.
Incident & Breach Response
Developing data breach response plans, regulatory reporting procedures, and risk mitigation strategies.
Why choose Silk Legal?
We have a deeply-rooted practice
We have been advising digital asset and fintech companies since 2016, giving us an intimate understanding of Thailand’s regulatory landscape.
We have proven success in regulatory approvals
We have assisted numerous crypto exchanges, brokers, and fintech bsuinesses obtain licenses from the Bank of Thailand (BOT), the Securities and Exchange Commission (SEC) and other regulators.
We provide business-driven legal solutions
We go beyond legal advice—we provide practical, business-focused strategies that help companies thrive. Whether you’re launching a crypto exchange, NFT marketplace, or fintech startup, we tailor our legal solutions to your goals.
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Looking for expert legal guidance in Thailand? At Silk Legal, we’re dedicated to understanding your business needs and providing tailored solutions. Contact us today and let’s navigate your legal challenges together.