Personal Data Compliance & PDPA Advisory in Thailand

Thailand’s Personal Data Protection Act (PDPA) has reshaped how organisations collect, store, and use personal information. The legislation places strict duties on businesses handling personal data, requiring transparency, lawful processing, and robust safeguards to protect the rights of individuals. Companies of every size (local, international, or digital-based) must comply with these requirements to avoid penalties and reputational damage.

BASE Law Firm provides end-to-end legal guidance to help organisations interpret the PDPA correctly and implement compliant practices that align with both regulatory expectations and operational goals.

Our service include:

PDPA compliance audits
Privacy policy drafting
Data-processing agreements
DPO role advisory
Breach-response guidance
Staff compliance training

Understanding the PDPA Framework

The PDPA governs any activity involving personal data that may identify a person directly or indirectly. It regulates how data controllers and processors:

Collect and record information
Use or analyse data
Disclose data to third parties
Retain or delete data after use

Compliance is not optional. Businesses must demonstrate that personal data is managed lawfully, fairly, and securely, and individuals must be informed of how their data will be used.

Key responsibilities under the PDPA include:

Obtaining consent in a manner that is explicit and easily understood
Processing data only for stated and legitimate purposes
Providing data subjects with access and correction rights
Ensuring secure storage and appropriate retention periods
Notifying authorities of certain types of data breaches
Appointing a Data Protection Officer (DPO) when required

The PDPA applies broadly and affects sectors such as retail, hospitality, finance, healthcare, manufacturing, digital services, and more.

Roles Within the PDPA Structure

Data Controller

An entity that determines the purpose and method of processing personal data. Controllers bear primary responsibility for lawful practices.

Data Processor

A party that processes data on behalf of a controller. Processors must ensure security and act only under documented instructions.

Data Protection Officer (DPO)

Required for businesses engaged in large-scale monitoring, sensitive-data processing, or operations where data handling creates significant privacy risks.
The DPO oversees compliance policies, provides internal guidance, and liaises with regulators when necessary.

When the PDPA Does Not Apply

Certain scenarios fall outside the scope of the PDPA, such as:

Personal or household use of data
Activities involving national security or public functions
Journalistic, artistic, and literary works conducted ethically
Parliamentary or judicial processes
Operations of credit information businesses

Understanding these exemptions prevents unnecessary compliance burdens and clarifies when regulatory obligations truly apply.

Breach Notifications & Enforcement

If a breach risks affecting an individual’s rights or freedoms, businesses must notify:

The supervisory authority within 72 hours, and
The data subject without undue delay when harm is likely

Failure to comply can lead to administrative fines, civil liability, or criminal penalties, depending on the severity of the violation.

How BASE Law Firm Assists

BASE Law Firm supports organisations at every stage of PDPA readiness and implementation. Our services include:

Evaluating current data practices and identifying compliance gaps
Drafting privacy notices, consent forms, internal policies, and data-processing agreements
Advising whether a DPO is legally required and assisting with role establishment
Structuring data handling protocols that minimise legal exposure
Conducting training for staff and management
Assisting with regulatory inquiries, breach responses, and dispute resolution

We tailor our advice to practical business operations, ensuring that compliance measures are realistic, sustainable, and aligned with commercial objectives.

Summary

The PDPA introduces a new era of accountability for organisations operating in Thailand. Businesses must understand their obligations, adopt strong governance measures, and maintain transparent data handling practices to avoid legal and financial risks.

BASE Law Firm offers comprehensive legal support to help your organisation meet PDPA requirements with confidence. Whether you need compliance documentation, strategic advisory, or ongoing data-protection management, our team provides clear, reliable, and meticulous guidance.