THAILAND Trends and Developments Contributed by: Pranat Laohapairoj, Suphakorn Chueabunchai and Pitchaya Roongroajsataporn, Chandler Mori Hamada
Chandler Mori Hamada Limited 17th and 36th Floors Sathorn Square Office Tower 98 North Sathorn Road Silom Bangrak Bangkok 10500 Thailand Tel: +662 009 5000 Fax: +662 009 5080 Email: business-development@morihamada.com Web: www.chandler.morihamada.com Move Towards Compliance – Data Protection, Privacy Compliance and Action Trends in Thailand Data protection The Personal Data Protection Act B.E. 2562 (2019) (PDPA) was introduced over five years ago and has become a cornerstone regulation in Thailand. While initially heralded as a new legal framework, both in terms of its enactment and the introduction of data protection concepts unfamiliar to many in Thailand, its enforcement has significantly intensified in recent years. Data protection and privacy, which were relatively niche topics at the time of the PDPA’s enact - ment, are now essential concerns for businesses and individuals alike. Prior to the PDPA, person - al data in Thailand was often mined, collected, stored, sold, transferred, analysed, and used – often without the consent of the data subjects. The absence of a comprehensive legal frame - work meant that such practices were largely unregulated, and general tort law provided little recourse for those affected, given the difficulty of proving damages and the lack of deterrence against non-consensual data use. This created an environment where many businesses priori - tised economic gains over ethical data practices,
leveraging personal data with minimal concern for legal repercussions. However, this landscape has shifted dramatically with the PDPA’s introduction and the growing focus on enforcement. Over the past five years, medium-sized and large companies – particu - larly those affiliated with global corporations or operating in jurisdictions with stringent data protection laws – have steadily implemented measures to comply with the PDPA. This com - pliance trend has gradually influenced smaller and local businesses, though adoption has been slower among some small and medium-sized enterprises. Despite the time that has passed, there remain organisations that are only begin - ning their compliance journey. The increasing enforcement of the PDPA serves as a critical reminder that adherence to data protection standards is no longer optional but an essential aspect of operating within Thailand’s modern regulatory framework. Compliance Over three years since the full enforcement of the PDPA, many operators in Thailand have taken significant steps to ensure compliance
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