PDPA penalties for violating the Act

Penalties for data protection violations and non-compliance with personal data protection laws have become a significant concern for businesses worldwide since 2018, following the enforcement of the General Data Protection Regulation (GDPR), the EU’s landmark data privacy law. This regulation has served as a blueprint for data protection laws globally, resulting in numerous businesses being fined or liable for damages due to breaches of data protection regulations.

Civil penalties under Sections 77 and 78
   – Causing damage to the data owner shall compensate “damages”
     Pay compensation not exceeding 2 times the actual compensation.
     The statute of limitations is 3 years from the date on which the data subject becomes aware of the damage or 10 years from the date on which the personal data breach occurred, whichever comes first.
 
Criminal penalty under Sections 79 and 80
   – Acts likely to cause harm, damage to reputation, etc.
     Imprisonment not exceeding 6 months or a fine not exceeding 500,000 baht or both imprisonment and fine.
   – To engage in an act to obtain an undue advantage by lawful means.
     Imprisonment not exceeding 1 year or a fine not exceeding 1,000,000 baht, or both imprisonment and fine.
   – Any person who, by reason of the performance of their duties, becomes aware of another person’s personal data and discloses it to a third party.
     Imprisonment not exceeding six months, or a fine not exceeding 500,000 Baht, or both.
 
Administrative sanctions under Sections 82 and 90
   – Without obtaining proper consent, failing to inform the data subject, etc.
     Subject to a fine not exceeding 1,000,000 baht.
   – Collecting, using, or disclosing personal data without legal basis, without notifying the purpose of use, etc.
     Subject to a fine not exceeding 3,000,000 baht.
   – Unlawfully collecting, using, disclosing, or transferring sensitive personal data
     Subject to a fine not exceeding 5,000,000 baht.
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About Us

With over 12 years of legal experience, we are the trusted experts you can rely on for all your legal needs. Our expertise spans across various legal fields, including civil and commercial law encompassing contracts, litigation, and legal proceedings; labor law to help your business avoid disputes; as well as family law, inheritance law, consumer protection law, intellectual property law, criminal law, and other legal matters. We also provide comprehensive legal consultation and registration services.

Address

247/68, Sammakorn Village, Soi 25/8, Ramkhamhaeng 112 Road, Saphan Sung Subdistrict, Saphan Sung District, Bangkok 10240, Thailand

Phone number

062-652-4259

E-mail

disavorabuth@gmail.com

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PDPA penalties for violating the Act