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Registered Notarial Services Attorney · Lawyers Council of Thailand

Home / Company Formation & BOI / Q1015

Is consent always required under the PDPA?

Business advisors preparing company documents — biz kb q id
Business advisors preparing company documents — biz kb q id

Answered by the corporate team at NYC Visa & Translation

No. Section 24 provides lawful bases other than consent: research or archiving, vital interests, contract, public task, legitimate interest and legal obligation. Contract and legal obligation usually fit customer and employee data better than consent, because consent can be withdrawn at any time under section 19. Sensitive data listed in section 26 — including race, religion, criminal records, health and biometric data — needs explicit consent unless a statutory exemption applies. Exposure runs to an administrative fine of up to five million baht, criminal liability under section 79, and punitive damages of up to twice the actual damage under section 78. Ask our Thai corporate team to review your structure by phone, LINE or email before you file.

Based on the Civil and Commercial Code, the Foreign Business Act B.E. 2542, the Investment Promotion Act B.E. 2520 and related legislation as at August 2026. General information only, not advice on a specific matter — verify with dbd.go.th and boi.go.th before acting.

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