Thailand Regulatory Compliance Services

Organizations should assess requirements concerning:

• Lawful grounds for collecting, using, and disclosing personal data.
• Consent management where consent is the applicable legal basis.
• Privacy notices and transparency regarding processing purposes.
• Data subject rights and request handling.
• Data minimization, retention, and secure disposal.
• Appropriate organizational, technical, and security measures.
• Data processing agreements and third-party responsibilities.
• Personal data breach assessment and notification.
• Data Protection Officer (DPO) requirements where applicable.
• Cross-border transfers and relevant safeguards.
• Records, documentation, and accountability for processing activities.

Where a breach is likely to result in a high risk to the rights and freedoms of affected individuals, notification to data subjects may also be required under the applicable rules.

Organizations should maintain procedures for:

• Detecting and escalating suspected incidents.
• Assessing the nature and scope of affected personal data.
• Documenting the potential impact on individuals.
• Determining whether regulatory or individual notification is required.
• Coordinating legal, privacy, security, and communications teams.
• Preserving evidence and recording remedial actions.

Not every organization is subject to identical obligations under the Act. Requirements depend on the organization's status, sector, activities, and applicable implementing rules.

Organizations should assess:

• Whether they operate within a designated critical information infrastructure sector.
• Applicable cybersecurity policies and risk management responsibilities.
• Incident reporting and coordination obligations.
• Security governance and technical control requirements.
• Business continuity and incident response arrangements.
• Relevant sector-specific cybersecurity regulations.

Organizations should review the requirements relevant to their role and operations, including:

• Access control and protection against unauthorized activity.
• Appropriate logging and evidence preservation.
• Applicable computer traffic data retention requirements.
• Procedures for responding to suspected cybercrime.
• Coordination with relevant authorities where legally required.

Businesses using electronic contracts, digital records, online transactions, and electronic business processes should assess relevant requirements concerning:

• Legal recognition of electronic records and transactions.
• Electronic communications and document integrity.
• Electronic contracting and business workflows.
• Applicable trust, authentication, or electronic signature requirements.
• Recordkeeping and sector-specific rules.

Depending on the platform's business model and applicable criteria, organizations may need to assess:

• Whether the service falls within the decree's scope.
• Applicable notification or registration-related procedures.
• Transparency and disclosure requirements.
• Terms and conditions and changes to service arrangements.
• User complaint and dispute-handling mechanisms.
• Additional requirements applicable to certain platform categories.
• Risk management and user protection obligations for covered services.

Depending on the business model, organizations should review:

• Advertising and product information.
• Fair and transparent commercial practices.
• Consumer complaints and dispute resolution.
• Online sales and platform responsibilities.
• Relevant e-commerce and direct marketing practices.
• Personal data handling in customer acquisition and sales processes.

Organizations should assess their website and application practices to determine:

• What personal data is collected through tracking technologies.
• Whether consent or another lawful basis is appropriate for the processing.
• Whether privacy notices adequately explain the relevant activities.
• How third-party analytics and advertising providers receive or use data.
• How retention, access, and deletion are managed.
• Whether international transfers arise from tracking or cloud services.
• Whether additional requirements apply to visitors in other jurisdictions.

Depending on the business and activities, relevant requirements may arise from:

• Bank of Thailand (BOT): Rules and guidance applicable to covered banking and financial activities, including relevant technology and operational risk requirements.
• Securities and Exchange Commission, Thailand (SEC): Requirements applicable to covered securities, investment, and digital asset activities.
• Office of Insurance Commission (OIC): Rules applicable to regulated insurance businesses.
• National Broadcasting and Telecommunications Commission (NBTC): Requirements relevant to covered telecommunications and broadcasting activities.
• Sector-specific authorities: Additional rules for healthcare, energy, public services, and other regulated activities.

AI governance programs should consider:

• Personal data used in AI training, testing, and deployment.
• Transparency and appropriate disclosures.
• Human oversight and accountability.
• Accuracy, bias, and potential harm.
• Third-party AI vendors and data processing arrangements.
• Security, retention, and access controls.
• Documentation and risk assessments.
• International rules that may apply to AI products or services.

Potentially relevant frameworks include:

• EU GDPR: For covered processing activities within its territorial scope.
• UK GDPR: Where the applicable UK territorial-scope conditions are satisfied.
• CCPA/CPRA: For businesses and processing activities that meet California's applicable scope and threshold requirements.
• Other international privacy laws: Depending on customer locations, business operations, contractual arrangements, and international data flows.