The rapid integration of artificial intelligence (“AI”) into the modern workplace has fundamentally transformed how businesses operate, from automating routine tasks to generating complex work products. While AI offers significant gains in efficiency and productivity, its adoption also introduces a range of legal risks that employers in Thailand must carefully navigate. Issues relating to data privacy, intellectual property ownership, and potential criminal liability are no longer hypothetical — they are present-day concerns that demand proactive legal strategies. This advisory provides an overview of the key employment-related legal risks arising from AI use in the workplace and outlines practical safeguards that employers should implement to protect their organizations.

1. Key Legal Risks of AI Use in the Workplace

When employees utilize AI tools in the course of their duties, several categories of legal risk may arise. Employers should be aware of the following principal areas of concern:

Data Privacy under the PDPA

Thailand’s Personal Data Protection Act B.E. 2562 (2019) (“PDPA”) imposes strict obligations on organizations regarding the collection, use, and disclosure of personal data. When employees input client data, employee records, or other personal information into AI systems — whether cloud-based generative AI platforms or internally deployed tools — there is a material risk that such data may be exposed to unauthorized third parties or used by AI service providers to further train their models. Such unauthorized disclosure or secondary use of personal data may constitute a violation of the PDPA, potentially exposing the employer to regulatory sanctions, civil liability, and reputational harm.

Intellectual Property

The use of AI in the workplace raises significant intellectual property (“IP”) concerns. First, questions arise regarding the ownership of content generated by or with the assistance of AI. Specifically, whether such output qualifies for copyright protection and, if so, who the rightful owner is. Second, there is an inherent risk that AI-generated content may unintentionally reproduce or incorporate elements of third-party copyrighted works, thereby exposing the employer to claims of copyright infringement. These risks are particularly acute where employees rely on AI outputs without conducting adequate review or verification.

Criminal Liability

The misuse of AI tools by employees may also give rise to criminal liability. For example, the use of AI to generate or manipulate information for the purposes of fraud, forgery, or defamation may constitute criminal offenses under the Thai Criminal Code and the Computer Crime Act B.E. 2550 (2007), as amended. Employers should be mindful that, depending on the circumstances, organizational liability may also be attached where adequate preventive measures have not been implemented..

2. Why Every Company Needs an AI Policy

Given the legal risks outlined above, the implementation of a comprehensive AI usage policy is no longer optional but an essential requirement. A well-drafted AI policy serves three critical functions:

Defining Clear Boundaries

An AI policy should clearly specify which AI tools and platforms are approved for use within the organization and which are prohibited. By establishing these boundaries, employers can maintain control over the technology environment and reduce the risk of employees using unapproved or insecure AI applications that may compromise data security or regulatory compliance.

Ensuring Security and Ethical Use

The policy should expressly prohibit the input of confidential, proprietary, or personal data into external AI systems. Additionally, it should require employees to verify and critically review all AI-generated outputs before incorporating them into any work product, client deliverable, or business communication. This safeguard is essential to mitigate the risks of inaccuracy, bias, and unintended IP infringement.

Establishing a Disciplinary Basis

A formally adopted AI policy provides the employer with a clear and enforceable basis for disciplinary action in the event of employee non-compliance. Under Thai labor law, work rules and company policies that have been properly communicated to employees may serve as the foundation for lawful disciplinary measures, including warnings, suspension, or termination of employment in cases of serious violation.

3. AI Clauses in Employment Agreements: Why They Matter

In addition to implementing a standalone AI policy, employers should consider incorporating specific AI-related provisions directly into their employment agreements. There are three compelling reasons for doing so:

Clarity from the Outset

The employment agreement is the primary legally binding document governing the relationship between employer and employee. By including an AI clause at the point of hire, employers ensure that employees are aware of their obligations regarding AI use from the very beginning of the employment relationship. This proactive approach minimizes the potential for disputes and misunderstandings at a later stage.

Assignment of Rights

An AI clause should clearly stipulate that any work product created by the employee through the use of AI tools, utilizing the company’s resources, systems, or proprietary information, shall be the exclusive property of the employer. Without such a provision, the default position under Thai copyright law may leave the employer without full ownership rights over AI-assisted work product, as discussed further in Section 4 below.

Duties and Liability

The employment agreement should address the allocation of liability in circumstances where an employee’s use of AI results in infringement of third-party rights or other harm. Specifically, the clause may provide that the employee shall be required to share liability with, or indemnify, the employer for any damages arising from the employee’s unauthorized, negligent, or improper use of AI tools in the course of employment.

4. Who Owns the Copyright in AI-Generated Work?

The question of copyright ownership in AI-generated work is one of the most complex and evolving issues in this area. Under current Thai law, the analysis depends on the degree of human involvement in the creative process:

AI as the Creator

Under the existing legal framework, AI is not recognized as a legal person and therefore cannot hold or be vested with copyright. Work that is generated entirely and autonomously by AI, without meaningful human creative input, may fall outside the scope of copyright protection altogether.

The Employee as the Creator

Where an employee uses AI merely as a “tool” — for example, by crafting detailed and complex prompts, exercising professional judgment in selecting and curating outputs, and substantially revising or refining the AI-generated content — the resulting work may be considered a product of the employee’s own skill and creative effort. In such cases, copyright may vest in the employee as the author of the work.

The Employer as the Owner

Under Section 9 of the Thai Copyright Act B.E. 2537 (1994), a work created by an employee in the course of employment is owned by the employee, unless otherwise agreed in writing. This default position means that, absent a clear contractual provision to the contrary, the employer may not automatically obtain full ownership rights over AI-assisted work created by its employees — even where such work was produced using the employer’s resources and during working hours.

Key Takeaway

If the employment agreement does not expressly address the ownership of AI-generated or AI-assisted work product, the employer risks losing valuable IP rights. It is therefore essential that employment agreements contain clear and comprehensive provisions assigning all rights in such work to the employer.

4. Who Owns the Copyright in AI-Generated Work?

We recommend that employers take the following steps to manage the legal risks associated with AI use in the workplace:

• Implement a Comprehensive AI Usage Policy. Develop and formally adopt a company-wide AI policy that clearly defines approved and prohibited AI tools, sets out rules for data handling, and establishes protocols for the review and verification of AI-generated outputs. A company AI policy that defines clear boundaries, ensures security and ethical use, and establishes a disciplinary basis serves as an essential complementary instrument to the employment agreement, reinforcing the employer’s ownership position and creating a documented framework within which all AI use by employees takes place.
• Include AI-Specific Clauses in Employment Agreements. The employment agreement is the primary legally binding document between employer and employee, and that including an AI clause ensures clear obligations from the very beginning of the employment relationship. Therefore, incorporate provisions addressing AI use, IP ownership, confidentiality obligations, and liability allocation into all new and, where practicable, existing employment agreements. We note that any amendment of an existing employment agreement requires the consent of the employee affected by such amendment.
• Address Intellectual Property Ownership Clearly. Ensure that employment agreements contain express written assignments of all rights, including copyright, in work product created with the assistance of AI tools, to override the default position under Section 9 of the Thai Copyright Act.
• Train Employees on Proper AI Use. Conduct regular training sessions to educate employees on the company’s AI policy, the legal risks associated with AI use, and best practices for using AI tools responsibly and in compliance with applicable laws.
• Review and Update Policies Regularly. As AI technology and the regulatory landscape continue to evolve, employers should periodically review and update their AI policies and contractual provisions to ensure they remain current and effective.

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For further information or assistance in developing AI policies, drafting AI-related employment provisions, or addressing any of the legal issues discussed in this advisory, please do not hesitate to contact our Employment and Labor team at Blumenthal Richter Sumet & Schuler. We are committed to helping our clients navigate the evolving intersection of artificial intelligence and employment law with confidence and clarity.