What is the Personal Data Protection Act (PDPA) of Thailand?

The Personal Data Protection Act, B.E. 2562 (2019), often referred to by its acronym, PDPA, is Thailand’s comprehensive data privacy and protection law. Enacted to safeguard the personal data of individuals, it is heavily influenced by international privacy standards, most notably the European Union’s General Data Protection Regulation (GDPR). The PDPA establishes a framework for the collection, use, disclosure, and cross-border transfer of personal data by organizations operating in Thailand or handling the personal data of Thai residents and is relevant to virtually every industry and function that handles personal data.

The PDPA marks a significant legislative shift, moving Thailand from having sectoral or fragmented data protection rules to an overarching, unified legal framework.

The PDPA applies to both Data Controllers (entities that determine the purposes and means of processing personal data) and Data Processors (entities that process personal data on behalf of a Data Controller) that are located in Thailand. Crucially, it also has extra-territorial scope, meaning it applies to organizations outside of Thailand if they process the personal data of data subjects located in Thailand by offering goods or services to them, or monitoring their behavior in Thailand.

While the PDPA is the primary data protection law, organizations must also comply with related laws such as the Cybersecurity Act (CSA) B.E. 2562 (2019), which governs cyber threat response and critical infrastructure protection, and various regulations from the Ministry of Digital Economy and Society (MDES) and the Bank of Thailand (BoT) regarding specific sectors.

The PDPA was initially published in the Royal Gazette on May 27, 2019, with a two-year transition period. However, due to the COVID-19 pandemic, the full enforcement of the key provisions of the PDPA was postponed several times. The PDPA officially came into full effect on June 1, 2022, meaning all organizations subject to the Act are now required to be compliant. The implementing regulations and guidelines issued by the Office of the Personal Data Protection Committee (PDPC) are continuously being released and refined.

What are the Requirements for the PDPA?

Compliance with the PDPA is not a one-time event but an ongoing process that requires organizational commitment and the implementation of specific controls. The primary body responsible for enforcing the PDPA, issuing guidelines, and hearing complaints is the Office of the Personal Data Protection Committee (PDPC).

Basic Organizational Requirements

Why Should You Be PDPA Compliant?

Compliance with the PDPA is not just a legal burden; it is a fundamental pillar of modern business operations, offering significant competitive and financial advantages while mitigating severe risks.

Benefits and Advantages of Compliance

• Enhanced Customer Trust and Loyalty: Demonstrating a commitment to protecting customer data builds trust, which is a powerful competitive differentiator, especially in the digital economy.
• Facilitation of International Business: As the PDPA aligns closely with GDPR, compliance simplifies cross-border data transfers with regions like the EU and ensures the organization meets the standards expected by international partners and clients.
• Operational Efficiency: The compliance process mandates data mapping and inventory, which leads to better data governance, clearer data flows, and improved internal organizational structure.
• Improved Security Posture: Implementing the required technical and organizational security measures inherently enhances the organization’s overall cybersecurity resilience against external threats.
• Brand Reputation: Proactive compliance protects the brand reputation from the severe negative publicity associated with data breaches or regulatory actions.

Disadvantages and Risks of Non-Compliance

Failing to comply with the PDPA exposes an organization to significant legal, financial, and reputational consequences.

How to Achieve Compliance?

Achieving PDPA compliance requires a structured, continuous, and auditable GRC program. The Centraleyes platform is designed to automate and streamline this process, enabling organizations to rapidly assess, remediate, and maintain their compliance posture.

The Centraleyes Platform provides significant value for PDPA compliance by accelerating time-to-compliance through automation across several key areas. Our PDPA Questionnaire provides immediate gap analysis by scoring current compliance levels against PDPA requirements. Centraleyes also offers pre-built templates for essential PDPA documentation, including a Privacy Notice template, a Data Breach Notification template, a Record of Processing Activities (ROPA) template and more.

By leveraging the Centraleyes platform, organizations can move from manual, fragmented compliance efforts to a unified, automated GRC program. The platform provides a clear, actionable roadmap, allowing organizations to efficiently track their progress and achieve PDPA compliance sooner by focusing resources on high-priority risks, thereby minimizing financial penalties and bolstering customer trust.

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*** This is a Security Bloggers Network syndicated blog from Centraleyes authored by Naomi Scarr. Read the original post at: https://www.centraleyes.com/what-is-the-personal-data-protection-act-pdpa-of-thailand/