Educational Information Only
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PDPA Data Protection Violation Penalties in Thailand
Penalties under Thailand's Personal Data Protection Act (PDPA) for data breaches, non-compliance, and unauthorized data use.
Overview
Thailand's PDPA (Personal Data Protection Act B.E. 2562 (2019)) imposes significant penalties on organizations that mishandle personal data. Both administrative fines and criminal penalties apply.
Penalties Table
| Offence | Statute | Fine Range | Prison Range | Foreigner Note |
|---|---|---|---|---|
| Collecting data without consent | PDPA, Section 90 | Up to THB 5,000,000 (administrative) | Up to 1 year (criminal) | Applies to any business collecting Thai resident data |
| Using data beyond stated purpose | PDPA, Section 91 | Up to THB 5,000,000 | Up to 6 months | — |
| Failure to report data breach | PDPA, Section 37 | Up to THB 3,000,000 | None | Breaches must be reported to PDPC within 72 hours |
| Transferring data internationally without safeguards | PDPA, Section 28 | Up to THB 5,000,000 | Up to 1 year | — |
| Unauthorized disclosure of personal data | PDPA, Section 90 | Up to THB 5,000,000 | Up to 6 months | — |
| Failure to appoint Data Protection Officer (when required) | PDPA, Section 42 | Up to THB 1,000,000 | None | — |
Important Notes
The PDPA applies to ANY organization processing Thai resident data, including foreign companies
Class action lawsuits are permitted under PDPA — victims can sue collectively
The Personal Data Protection Committee (PDPC) oversees enforcement
PDPA is modeled on GDPR but has some significant differences
Data subjects can claim compensation for actual damages caused by violations
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Penalties shown are statutory provisions and actual sentences may vary based on case circumstances and judicial discretion. Always consult a qualified Thai lawyer for specific legal advice.
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