Thailand’s Cybercrime and Data Protection Regulations

The digital era has made personal and corporate data increasingly valuable—and vulnerable. Thailand recognizes this challenge and has established a legal framework to protect sensitive information, prevent cyber offenses, and regulate how data is collected, used, and shared.

At the core of this framework is the Personal Data Protection Act B.E. 2562 (PDPA), which governs personal data rights and obligations for both organizations and individuals. Base Law Firm provides guidance for navigating these laws, helping clients mitigate risks and maintain compliance.

Our service include:

PDPA compliance review and advisory
Data handling and consent guidance
Cybercrime investigation and defense
Privacy policy drafting and audits
DPO support and compliance oversight
Digital security and legal enforcement

Understanding Personal Data Under Thai Law

Personal data refers to any information capable of identifying a person, either directly or indirectly. Under the PDPA:

Consent is crucial – Before using or disclosing personal information, explicit permission from the individual must be obtained.
Data management oversight – Organizations are expected to assign a Data Protection Officer (DPO) to supervise data handling and ensure adherence to legal requirements.

The DPO’s responsibilities include implementing proper policies, reviewing data usage practices, and ensuring individuals’ rights are respected.

Rules for Using and Processing Personal Data

The PDPA places clear limits on how personal data may be handled:

Data must be collected for a specific and legitimate purpose.
Individuals must understand why their data is being used and what it will be used for.
All communications about data use should be clear and straightforward, avoiding confusing legal jargon.
Data subjects have the right to withdraw consent at any time, with processes as simple as those for giving consent—unless restricted by law or a contractual obligation.

These provisions ensure that personal information is processed fairly, transparently, and legally.

Situations Where PDPA Does Not Apply

Certain activities fall outside the scope of the PDPA, including:

Private or family-related data usage
Government functions tied to national security
Media, artistic, or literary work conducted ethically or in the public interest
Legislative and parliamentary activities
Judicial proceedings, legal enforcement, and property administration
Operations of registered credit bureau entities
Corporate data theft or illegal sale cases

These exemptions are intended to balance privacy protections with public interest and operational necessities.

Practical Implications for Businesses and Individuals

Organizations collecting or processing personal data must implement robust compliance measures. This includes reviewing internal policies, training staff, and securing consent where required. Failure to comply can result in legal penalties, reputational damage, and operational risks.

Individuals also benefit from the PDPA, gaining rights to control how their data is collected, processed, and shared, while having avenues to challenge misuse or unauthorized disclosure.

How Base Law Firm Can Assist

BASE Law Firm advises clients on all aspects of cybercrime and data protection, including:

Developing compliant data handling and privacy policies
Ensuring lawful processing and storage of personal information
Navigating potential liabilities arising from cyber offenses

Representing organizations and individuals in legal matters related to computer crimes or data misuse

By taking a proactive approach to PDPA compliance and cybercrime risks, businesses and individuals can protect themselves while operating confidently in Thailand’s digital environment.