Regulation of Cross-Border Transfers of Personal Data in Asia – Thailand Chapter

May 24, 2018

Regulation of Cross-Border Transfers of Personal Data in Asia – Thailand Chapter

Asian Business Law Institute

Tilleke & Gibbins has contributed the Thailand and Vietnam chapters of Regulation of Cross-Border Transfers of Personal Data in Asia, published by the Asian Business Law Institute (ABLI). The guide provides an overview of the data protection and privacy regimes in 14 jurisdictions in the Asia Pacific.

The Thailand chapter of the guide covers the following topics:

General Legal Framework of International Data Transfers: This section examines existing data privacy protections in Thailand’s national legislation, including relevant provisions in the 2017 Constitution, the Civil and Commercial Code, the Penal Code, the Computer Crimes Act, the Credit Information Business Act, the Telecommunications Business Act, the National Health Act, the Financial Institutions Business Act, the Securities and Exchange Act, and the Payment Systems Act. The Personal Data Protection Bill is also mentioned, as are international commitments and the role of privacy enforcement authorities.

Default Position, Scope, and Territorial Effect: The default position on data privacy in Thailand is to obtain consent from each data subject, with consent required prior to data transfer in certain cases. Currently, applicable provisions under Thai laws do not specifically apply to personal data issues. However, there are many scenarios in which Thai law could apply to matters involving inbound or outbound data transfers.

Data Localization: Data localization is generally not required in Thailand, but some sector-specific exceptions apply.

Data Transfer Mechanisms: Due to the lack of a comprehensive data privacy regime in Thailand, the data transfer mechanism most frequently used is obtaining consent from each data subject.

David Duncan, a consultant in the corporate and commercial group at Tilleke & Gibbins, contributed the Thailand chapter as part of the firm’s collaboration with the ABLI, a Singaporean institute led by prominent members of the judiciary and academic sector in Asia, with the aim to initiate, conduct, and facilitate research and produce authoritative texts to provide practical guidance in the field of Asian legal development and promote the convergence of Asian business laws.

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