This article will explain what the PDPA is and how it compares to the GDPR that inspired it, as well as outline compliance steps for publishers who want to continue serving Thai users.
Please note: This article is informational. We are not a law firm and therefore do not offer legal advice. Please speak to a lawyer before determining how the PDPA affects your business.
What is the PDPA?
Thailand’s new PDPA, or Personal Data Protection Act, is a comprehensive, opt-in data privacy law that guarantees individual rights to more than 48M Thai internet users (70% of its total population). It’s Thailand’s first consolidated privacy law and shares many of the same principles as the GDPR — and the same name as Singapore's 2014 privacy law.
Thailand's PDPA was approved by the Thai National Legislative Assembly on February 28, 2019 and made effective May 28, 2019. An official English translation of the PDPA is still pending.
The law initially granted a one-year grace period for companies to comply. Companies considered to be data controllers or processors now have until May 27, 2021 to comply. The law will be enforced by a new national authority, the Personal Data Protection Committee (PDPC), similar to the European Data Protection Board (EDPB).
The PDPA applies to all data collection, usage, and disclosure — and for all individuals living in Thailand — regardless of the data processor’s headquarters.
Like the GDPR, the PDPA protects any personal data that can be used to identify someone. PII (personally identifiable information) includes: name, IP address, lat/long coordinates, cookie IDs, RFID numbers, user agents, mobile IDs, and biometric/genetic/financial/behavioral/demographic data.
Without consent from a Thai user, you cannot:
- Send full IP addresses downstream; they must be truncated
- Pass GPS data
- Store PII in internal logs
- Send any other PII via downstream OpenRTB fields, as you’d need consent for all DSPs, ad networks, data providers, etc. involved
If a user has offered explicit consent, however, you may continue to do cookie matching, interest targeting, frequency capping, programmatic ads, and so on.
PDPA vs. GDPR: Key similarities
The PDPA was inspired by the GDPR, so the laws share a number of commonalities, including:
|Personal data||Any data that, by itself or combined with other data, could identify a person|
|Territorial scope||Any data processing within the respective countries, irrespective of where the processor is headquartered|
|Data Protection Officers (DPOs)||Required for “large-scale” data processing and monitoring (see below)|
|Data subjects||Any individual whose data is processed or collected. Like the GDPR, the LGPD guarantees multiple rights to data subjects: |
|Opt-in consent||Companies must request consent at point of collection and add clear, simple language to privacy policies on how data on how/why data will be collected/used/disclosed|
|When consent is not required for data processing||Subject to six legal bases: |
|Data breach notifications||72-hour timeline|
PDPA vs. GDPR: Key differencesDespite their similarities, the PDPA does differ from the GDPR in a few areas:
|Age of consent||Parental consent required for data owners aged 10 and under||Parental consent required for data owners aged 16 and under|
|Anonymity||Does not explicitly exclude anonymized data||Excludes anonymized data|
|Penalties||Administrative fines capped at 5M Thai Baht and criminal fines capped at 1M Thai Baht||Capped at 20M Euros or 4% of global annual revenue, whichever is higher|
Who needs to comply
Regardless of your company size, you’ll need to comply if your ad platform:
- Includes activity in Thailand
- Collects personal data of people in Thailand
- Offers or supplies goods or services in Thailand
- Monitors behavior of Thai users
Effectively, unless your site/app is unavailable in Thailand, you will need to take some steps to ensure PDPA-compliance.
How to comply
If you’re fully GDPR-compliant, you’re well on your way to PDPA compliance too.
Like the GDPR, the PDPA qualifies consent as a freely-given indication of a users’ agreement for data processing — and requires that information on personal data collection and use be clear, adequate, and easily accessible.
Consent must be provided by the data subject in writing or by other means, such as a consent banner on your website. The right to revoke consent must also be clearly disclosed.
As you prepare for the PDPA (by May 27, 2021), we suggest the following:
- Review the PII you collect from Thailand
Conduct a detailed audit and risk assessment of your Thai user data, how it’s used, and with whom you share it. For programmatic advertising or data sales, this will include ad servers, DMPs, DSPs, etc.
- Avoid storing any PII in your logs for Thai users
- Ensure your CMP tool prompts consent for anyone in Thailand
- Enact a risk assessment plan
Breach notifications for the PDPA are the same 72 hours mandated by the GDPR, so you’ll want to be prepared to act quickly.
With the passage of the PDPA, Thailand joins more than 100 countries with personal data protection laws.
We’ll continue to monitor this and other privacy laws (including any enforcement delays) so you can continue to boost your revenue with user-first ad experiences.
As you prepare your ad platform for the PDPA, here are a few more articles you may find useful:
- Data Protection Report: Thailand Personal Data Protection Law - Norton Rose Fulbright
- Comparing privacy laws: GDPR v. Thai Personal Data Protection Act - OneTrust DataGuidance
- Thailand PDPA Summary: What Businesses Need to Know - Secure Privacy
- Data Protection in Thailand: A Summary of the PDPA - Focal Point
- Thailand’s National Legislative Assembly Passes Data Protection Law - Hunton Andrews Kurth
- The 2020 Guide to Google Analytics and PDPA Compliance - Adzerk
- "Most parts of PDPA to be deferred by a year" - Bangkok Post
Overall Industry Privacy
- "SameSite Cookie Attribute: What It Is And Why It Matters" - Adzerk
- "How Apple’s Safari ITP Can Limit Your Ad Revenue — and How to Counter That" - Adzerk
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