Under the new Personal Data Protection Act of Thailand
("PDPA"), sending an email newsletter to your customers,
employees or business partners will now be subject to legal
compliance requirements. This article summarizes the key
issues:
1. Consent Requirement
The distribution of a newsletter will from now on require
consent from the recipients. There are three types of consent that
are relevant in the context of the PDPA: (1) explicit consent
(opt-in), (2) implied consent and (3) opt-out consent. With regards
to the distribution of email newsletters, the consent required is
explicit opt-in consent.
Opt-in consent means that a person must take explicit
affirmative action to offer their consent. The most common way that
opt-in methods are implemented is with checkboxes. When presented
with a checkbox, the data owner must take action to check the box
– which denotes their consent. Opting in can be used in a
variety of situations, including email and newsletter
