Tag: PDPA

Thailand: Another delay of the Personal Data Protection Act

9. April 2021

On May 28th, 2019, the Personal Data Protection Act (“PDPA”) became law in Thailand. It is the country’s very first legislation governing data protection. Originally, a one-year grace period was determined for implementation of the requirements so that companies could prepare for the prospective liabilities in order to become compliant with the PDPA. However, on May 21st, 2020, a Royal Decree extended the implementation of the PDPA’s key provisions for another year, until June 1st, 2021 (we reported). Currently, a further postponement of the PDPA’s enforcement date is being considered.

According to new Digital Economy and Society (“DES”) Minister, consideration may be given to deferring or amending the PDPA, if the public has negative views about it. The aim is to support small and medium-sized businesses affected by the legislation since most of them are still unprepared for the new obligations and have not adjusted their internal processes yet. In addition, there is an unfortunate lack of willingness among companies concerned, as deputy permanent secretary at the DES Ministry stated. These shortcomings are reflected by the fact that some associations, including the travel and automotive industries, have already requested the deferral of the PDPA’s enforcement.

Contrary to what was initially planned, the appointment of members to the Personal Data Protection Committee is also expected to be delayed further. The Committee plays a decisive role in the approval of subsidiary legislation. The drafts for this concern consent procedures, complaint reception and expert panels.

According to the current status, the PDPA needs further adjustments and necessary regulations still need to be drafted, as many issues have been raised for consultation with regard to the PDPA since it came into effect. The main priorities on which the government intends to focus are as follows:

  • Supporting people’s access to innovation and technology,
  • Creating an ecosystem conducive to a digital economy,
  • Gearing up for digital infrastructure development, particularly 5G and smart city projects,
  • Legal development and enforcement to create a trusted digital ecosystem, especially for the PDPA and issues related to electronic transactions and cybersecurity,
  • Protecting the public from abuse on social media and the internet.

The DES Ministry expects that full enforcement of the PDPA will likely be delayed until the end of this year.

Thailand postpones Enforcement of new Personal Data Protection Act

22. June 2020

In response to the European General Data Protection Regulation (“GDPR”) becoming applicable in 2018, Thailand adopted its first-ever Personal Data Protection Act (“PDPA”) into law on 28 May 2019. As it is fashioned after the GDPR, the PDPA is built around principles that vastly align with the GDPR, especially in the areas of data protection principles, legal bases, and data subject rights. Originally, it was determined that the PDPA would start its applicability one year after its adoption, on 27 May 2020.

Now, the Thai Government has approved of a draft decree by the Ministry of Digital Economy and Society (“MDES”) to postpone the enforcement of most sections of the PDPA to 31 May 2021. The MDES explained that the reasons for delay are the current Corona pandemic and its strain on businesses, as well as many businesses not being prepared for PDPA compliance. Notably, Brasil also postponed the enforcement of its new Data Protecion Law (“LGPD”) for similar reasons (we reported).

The only sections of the PDPA that will be enforced as originally planned include the appointment of the Personal Data Protection Committee members and the establishment of the Office of the Personal Data Protection Committee. Whilst the delay allows companys more time to become PDPA compliant, the lack of enforcement regarding data subject rights in the meantime are a big concern of critics, especially in light of the recent adoption of Thailand’s controversial new cybersecurity law.