Thailand's PDPA: Navigating the New Landscape for Businesses

Clive Mackintosh, a seasoned lawyer, data protection expert and CEO of GDPR Representative services firm GDPR Rep, explores Thailand's Personal Data Protection Act (PDPA).

For businesses operating in Thailand, the Personal Data Protection Act (PDPA), effective June 1, 2022, marks a major shift in how organisations handle personal information. Let's delve into the PDPA, its implications, and its similarities to the EU's General Data Protection Regulation (GDPR).

Understanding the PDPA

The PDPA establishes a comprehensive framework for data protection in Thailand. It applies to any organisation that collects, uses, or discloses the personal data of individuals in Thailand, regardless of the organisation's location. This means companies both domestic and foreign need to comply.

The core principles of the PDPA revolve around:

• Consent: Businesses must obtain clear and specific consent from individuals before collecting, using, or disclosing their personal data.
• Transparency: Organisations are obligated to be transparent about how they use personal data, including the purposes of collection and the recipients of the information.
• Security: Appropriate safeguards must be implemented to protect personal data from unauthorised access, use, disclosure, or loss.
• Data Subject Rights: Individuals have the right to access, rectify, erase, and restrict the processing of their personal data.

What it Means for Businesses

The PDPA introduces several key requirements for organisations:

• Data Governance: Businesses need to establish robust data governance practices, including policies, procedures, and staff training on data protection.
• Data Inventory: Organisations must maintain a clear record of the personal data they collect, its purpose, and the legal basis for processing.
• Impact Assessments: For high-risk data processing activities, a Data Protection Impact Assessment (DPIA) might be mandatory.
• Data Breach Notification: Businesses are obligated to notify the authorities and affected individuals in case of a data breach.

Similarities with the GDPR

The PDPA shares many characteristics with the GDPR, Europe's stringent data protection regulation. Both emphasise:

• Consent: Both require clear and informed consent from individuals for data processing.
• Transparency: Both necessitate clear communication regarding data usage and storage.
• Data Subject Rights: Both empower individuals with rights to access, rectify, and erase their data.
• Security: Both demand adequate security measures to protect personal information.

However, there are also some key differences, such as:

• Exemptions: The PDPA offers more exemptions for certain types of organisations or data processing activities than the GDPR.
• Data Localisation: The PDPA doesn't explicitly mandate data localisation, unlike the GDPR's restrictions on data transfers outside the EU.

Conclusion

The PDPA presents both challenges and opportunities for businesses in Thailand. By understanding the Act's requirements and implementing robust data protection practices, organisations can ensure compliance, build customer trust, and navigate the evolving data privacy landscape.

GDPR Rep is on a mission to help every business achieve and fulfil data protection obligations including EU and UK GDPR, FADP and other international requirements including PDPA.

If you are looking into how your organisation can fulfil its requirements why not schedule a no-commitment call with a GDPR representative expert today, or get a quote to understand how our value pricing makes compliance simple.