New PDPC Notification on Data Subjects Right to Access Personal Data
On 16 July 2026, the Personal Data Protection Committee (PDPC) issued a new notification on data subject’s right to access personal data, effective on 14 September 2026 (“New Notification“). The New Notification provides much-needed clarity for both data controllers and data subjects under Thailand’s Personal Data Protection Act B.E. 2562 (2019).
Key Highlights include:
- Channels: Data controllers must provide channels for data subjects to submit their requests via direct submission and postal mail, and may also provide additional channels, such as electronic means.
- Request details and identity verification: Requests must clearly state necessary details, such as the data subject’s name, preferred channels for accessing or receiving copies of personal data, and the specific details of the requested data, as well as identity verification documents or methods, whether the request is submitted directly by the data subject or by an authorized representative.
- Timeframe: Data controllers must fulfill the request within 30 days. This period may be extended by additional 30 days, if necessary, provided that the data subject is duly notified of the extension.
- Grounds for refusal and fees: The New Notification specifies lawful justifications for rejecting a request, such as protecting the fundamental rights of others, protecting data is confidentiality. While data controllers generally cannot charge a fee for processing these requests, exemptions apply for requests that are repetitive or excessive.
Thailand's Proposed AI Law: Moving Towards a Risk-Based Regulatory Framework
Thailand is taking significant steps towards establishing a comprehensive legal framework for artificial intelligence (“AI“). Following the release of the draft AI legislation by the Electronic Transactions Development Agency (ETDA) on 9 July 2026, the country appears to be moving towards a risk-based regulatory model similar to that adopted by the European Union under the EU AI Act. The draft is currently open for public consultation until 14 August 2026.
The proposed approach reflects a growing international trend. While the United States has generally favored a more innovation-driven and less prescriptive approach to AI governance, the European Union has introduced a comprehensive framework that regulates AI systems according to the level of risk they present. Vietnam has recently become the first country in Southeast Asia to enact dedicated AI legislation based on a similar risk-based model, suggesting that regional AI regulation is beginning to converge around common principles.
The draft seeks to establish a framework for responsible AI development by classifying AI systems according to their level of risk and imposing corresponding regulatory obligations. For example, operators of medium-risk AI systems would be required to implement appropriate preventive measures to manage identified risks and ensure that AI-generated content can be identified through machine-readable labels. Higher-risk AI applications would be subject to more stringent requirements, particularly where they may give rise to discrimination or other significant societal impacts.
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Proposed Legislation: Draft Act on Liability for Defective Products ("Lemon Law")
Thailand has proposed a Draft Act on Liability for Defective Products, commonly referred to as the “Lemon Law“, which underwent public consultation in 2024 but has not yet been enacted.
On 16 June 2026, the Cabinet approved a resolution to submit the draft legislation to Parliament for further consideration. Subsequently, on 24 June 2026, the House of Representatives approved in principle all six draft bills relating to consumer protection in respect of defective products. The House resolved to adopt the Draft Act on Liability for Defective Products proposed by the Office of Consumer Protection Board (“OCPB“), the agency directly responsible for consumer protection matters, as the principal draft for further consideration.
The draft legislation will now proceed to committee review, where its provisions will be further refined before being submitted for consideration in the subsequent stages of the parliamentary process.
The core objective of the proposed legislation is to provide consumers with clear and effective remedies in respect of defective goods. The key rights available to consumers under the draft legislation proposed by the OCPB include the following: (i) Presumption Period for Defects; (ii) Repair Timeframes; (iii) Right to Immediate Replacement; and (iv) Special Protection for Vehicle Safety Defects.
SEC Proposes Reforms to Reduce Reliance on Foreign Digital Asset Providers
On 26 May 2026, Thailand’s Securities and Exchange Commission (“SEC“) launched a public consultation on proposed revisions to the net capital (“NC“) framework and custody requirements for digital asset business operators. The proposals are intended to strengthen Thailand’s domestic digital asset ecosystem by encouraging trading and custody activities to be conducted through locally regulated operators rather than foreign exchanges and custodians.
SEC noted that many Thai digital asset brokers currently route customer orders to foreign exchanges and rely on overseas custodians to hold customer assets. To address this, SEC proposes measures that would facilitate greater cooperation among Thailand-licensed operators, including allowing domestic digital asset brokers to use licensed Thai digital asset exchanges for trading and custody services, subject to enhanced safeguards and accountability requirements.
The consultation also proposes a significant overhaul of the NC framework to better reflect the risks associated with different business models and operational arrangements. New categories of risk, including counterparty risk, settlement risk, and fund management risk, would be introduced, while capital charges would vary depending on whether customer assets are held with domestic or foreign counterparties. The proposals are intended to promote local activities while ensuring that prudential requirements remain aligned with actual risks.
In addition, SEC proposes enhanced custody safeguards for digital asset exchanges and custodians, including stricter wallet and key-management requirements, the use of advanced security technologies, and measures to address concentration risks in customer asset holdings.
If implemented, the reforms would further localise Thailand’s digital asset market by encouraging greater use of domestic trading and custody infrastructure, while reducing operational dependence on foreign service providers.
Thailand's Draft Clean Air Act: Key Pollution Control Measures under the Area-based Framework
On 15 May 2026, the Parliament resolved to continue the consideration of the draft clean air act (“Draft“). The Draft was subsequently submitted to the Senate on 9 July 2026, and remains under parliamentary review following the Senate’s resolution that further amendments should be made.
This Draft seeks to, among others, recognise the public’s right to clean air and establish an integrated framework for managing and preventing the release of air pollution, dust, smoke and smell into the environment from industrial, transportation, forestry, agricultural, urban, transboundary, and other sources. An overview of major provisions is as follows:
- For industrial sources, designated industrial operators are required to control air-pollutant emissions to ensure that they do not exceed the prescribed standards. In addition, the Draft also imposes additional requirements, including the submission of reports on fuel consumption and air-pollutant emissions, and installation of continuous emissions monitoring systems.
- For transportation sources, the Draft establishes emission-control requirements for vehicles and allows provincial authorities to prescribe any additional requirements for specific local areas.
- For agricultural sources, the Draft imposes measures, such as the certification of agricultural products that are free from burning process, or the adoption of a tracking system for agricultural products, aimed at preventing the distribution of agricultural products connected with unauthorised burning or air pollution.
- For urban sources, relevant authorities may prescribe policies and guidelines to support sustainable clean-air planning, including spatial planning measures, the promotion of zero-emission vehicles and clean energy use in buildings, and measures to prevent, manage, and mitigate air pollution from construction and demolition activities.
Under the Draft, the enforcement framework includes civil liabilities, criminal penalties and regulatory fines. If enacted, the Draft would increase compliance obligations for businesses operating in regulated sectors, particularly through enhanced monitoring, reporting and emissions-control requirements.
Draft Climate Change Act: Preparing Businesses for Thailand’s Low-Carbon Transition
Thailand is currently considering a draft climate change act (“Draft Act“), which completed its recent public hearing on 8 April 2026 and is progressing through the legislative process. The Draft Act would establish Thailand’s first comprehensive legal framework for climate change management and support the country’s transition towards carbon neutrality by 2050. The Draft Act introduces a range of carbon reduction mechanisms, including mandatory green-house gases (“GHG“) reporting, an emissions trading scheme (“ETS“), a carbon border adjustment mechanism (“CBAM“), carbon tax measures, carbon credit regulation and a climate fund.
Overall, the Draft Act indicates a shift from voluntary climate initiatives to a more compliance regime, by introducing mandatory climate-related obligations and penalties for non-compliance. For example, companies operating in prescribed sectors may be required to collect and report GHG emissions data, and such reports shall be verified by accredited agencies.
In addition, the Draft Act imposes cost implications for certain businesses through the following carbon reduction mechanisms:
Under the ETS, the Government will set up total GHG emissions in line with national targets and allocate emissions allowances. Businesses that exceed their allocated allowances may be subject to enforcement measures and penalties, while those that reduce emissions efficiently may be able to trade surplus allowances.
Carbon tax will be imposed on industrial operators and importers of GHG-emitting products based on the quantity of goods produced or imported, subject to rates prescribed by subordinate regulation.
- Under the CBAM, importers of designated goods may be subject to carbon-adjustment requirements to ensure that imported products bear carbon costs comparable to those imposed on domestic producers.
Beyond those directly regulated by the Draft Act, customers, financiers and business partners may increasingly seek emissions-related information as climate considerations become more integrated into commercial and investment decisions, requiring businesses to assess their compliance readiness, emissions compliance and potential carbon-cost exposure.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice
