Thailand Law Library

by Thailand Lawyer

Any Data Controller who fails to comply with Section 23, Section 30 paragraph four, Section 39 paragraph one, Section 41 paragraph one, or Section 42 paragraph two or paragraph three, or fails to obtain consent using a form or statement set forth by the Committee under Section 19 paragraph three, or fails to notify the impact of the withdrawal of consent under Section 19 paragraph six, or fails to comply with Section 23 which applies mutatis mutandis according to Section 25 paragraph two, shall be punished with an administrative fine not exceeding one million Baht.

Any Data Controller who violates or fails to comply with Section 21, Section 22, Section 24, Section 25 paragraph one, Section 27 paragraph one or two, Section 28, Section 32 paragraph two, or Section 37, or who obtains consent by deceiving or misleading the Data subject about the purposes, or fails to comply with Section 21 which applies mutatis mutandis according to Section 25 paragraph two, or fails to send or transfer the Personal Data in accordance with Section 29 paragraph one or paragraph three, shall be punished with an administrative fine not exceeding three million Baht.

Any Data Controller who violates Section 26 paragraph one or three, or Section 27 paragraph one or paragraph two, or Section 28 in relation to the Personal Data under Section 26, or fails to send or transfer the Personal Data under Section 26 to be in accordance with Section 29 paragraph one or paragraph three, shall be punished with an administrative fine not exceeding five million Baht.

Any Data Processor who fails to comply with Section 41 paragraph one, or Section 42 paragraph two or three, shall be punished with an administrative fine not exceeding one million Baht.

Any Data Processor who fails to comply with Section 40 without appropriate reasons, or fails to send or transfer the Personal Data in accordance with Section 29 paragraph one or three, or fails to comply with Section 37 (5) which applies mutatis mutandis according to Section 38 paragraph two, shall be punished with an administrative fine not exceeding three million Baht.

Any Data Processor who send or transfer the Personal Data under Section 26 paragraph one or three, by not complying with Section 29 paragraph one or three, shall be punished with an administrative fine not exceeding five million Baht.

Any representative of the Data Controller or of the Data Processor who fails to comply with Section 39 paragraph one which applies mutatis mutandis according to Section 39 paragraph two, and Section 41 paragraph one which applies mutatis mutandis according to Section 41 paragraph four, shall be punished with an administrative fine not exceeding one million Baht.

Any person who fails to act in compliance with the order given by the expert committee, or fails to provide statement of facts under Section 75, or fails to comply with Section 76(1), or fails to facilitate government officials under Section 76 paragraph four, shall be punished with an administrative fine not exceeding five hundred thousand Baht.

The expert committee shall have the power to render the punishment as an administrative fine prescribed in this Part. In the event that it deems fit, the expert committee may issue an order for rectification or a warning first.

In determining whether to issue an order to impose an administrative fine, the expert committee shall take into consideration the severity of the circumstances of the act of offense, size of the business of the Data Controller or the Data Processor, or other circumstances according to the rules prescribed by the Committee.

In cases where a person imposed with an administrative fine refuses to pay such fine, the provisions concerning the execution of administrative orders under the administrative procedure law shall apply mutatis mutandis. In cases where there is no officer to execute an administrative order, or there is such officer but such order cannot be executed otherwise, the expert committee shall be entitled to file a lawsuit with the Administrative Court in order to demand payment of such fine. In such event, if the Administrative Court is of the opinion that the order that imposes an administrative fine is lawful, the Administrative Court may render judgment and order seizure or attachment of assets for sale by auctions, to pay such fine.

The order to impose the administrative fine and the administrative execution shall apply mutatis mutandis according to Section 74 paragraph six, and the administrative execution per paragraph three shall apply mutatis mutandis according to Section 74 paragraph four.