Q1362. How do I collect valid consent under the PDPA?

Answered by the NYC Visa & Translation team

Valid consent under the PDPA must be: (1) explicit and clearly separated from other text — not buried in long terms and conditions (2) specific about the purpose of data use (3) freely given — you cannot force consent as a condition of service beyond what is necessary (4) as easy to withdraw as to give (5) provable — keep records showing consent was actually obtained. Watch out: pre-ticked boxes do not count as valid consent, and sensitive data (health, race, religion, biometric data) requires separate explicit consent unless a legal exemption applies. Consent requests in Thailand are commonly prepared bilingually for foreign customers and staff. Our team drafts Thai-English consent forms and privacy notices that follow the PDPC's guidance. This is general guidance; requirements and fees change — always verify with the PDPC, ETDA, the Thai Customs Department, or the Department of Foreign Trade before proceeding.