RTA COVID-19 Resource Centre
The COVID-19 outbreak has been a jarring development across the world. As the threat continues to climb, the impact of the outbreak has been palpable. National borders have been restricted, entire industries have been affected, and businesses have found themselves having to change the way they work. This has heralded much uncertainty in the commercial world.
Our RTA COVID-19 Resource Centre gathers views from our lawyers across the region on some of the common issues and legal implications of this pandemic.
Going Through This With You
We appreciate the difficulty in keeping track of the rapidly evolving regulatory changes to deal with the COVID-19 situation. Rajah & Tann Asia is closely monitoring the situation and remains ready to assist.
Our COVID-19 Legal Team comprises lawyers across the region and practice areas dedicated to serve our clients on a timely basis in this uncertain time. Please feel free to get in touch with our COVID-19 Legal Team or your usual contact at Rajah & Tann Asia if you have any queries relating to legal and operational issues arising from the COVID-19 pandemic.
After the implementation of an Enhanced Community Quarantine ("ECQ") for two months in Luzon and other high-risk areas, the Philippine Government has gradually started easing restrictions and has begun transitioning to the "new normal". On 30 April 2020, the Philippines President issued Executive Order No. 112), which adopted the Inter-Agency Task Force ("IATF") for the Management of Emerging Infectious Diseases Resolution No. 30 or the Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines ("Omnibus Guidelines") and granted the IATF the authority to modify the Omnibus Guidelines without need of further approval of the President. On 15 May 2020, the IATF issued the Revised Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines.Philippines | General | 22 May 2020
It has been only two months since the World Health Organization declared the COVID-19 outbreak a pandemic, but the world has probably seen only a fraction of the likely long-lasting economic and social impacts of the pandemic. Whilst various social distancing and lockdown restrictions imposed across the world have slowed down the rate of outbreaks, myriad financial losses to both corporate entities and individuals have already skyrocketed. Many affected persons are likely to turn to and eagerly expect their existing insurance coverage to defray some or all of these losses.
This Update discusses the following potentially difficult coverage issues under some of such existing (and pre COVID-19) commercial insurance policies:
- Loss of profit/revenue and business interruption;
- Event cancellation;
- Credit insurance;
- Public liability; and
- Management liability.
In order to control the spread of the COVID-19 pandemic in Thailand, the Thai government announced an emergency decree which applies to all areas in Thailand from 26 March to 30 April 2020 (“Emergency Decree”), and has since been extended to 31 May 2020. Under the Emergency Decree, the Thai government has issued several notifications in order to prevent and suppress the outbreak.
One of the most recent notifications is from the Ministry of Labour Re: Referral of unsettled labour disputes to the labour relations committee for settlement and prohibition on employers to cause a lockout or employees to cause a strike during the period of the emergency situations in accordance with the laws on public administration in emergency situations (“Notification”). The Notification came into force on 8 May 2020 and is widely understood to be intended to prevent a potential spread of the disease by prohibiting employee strike action, while also allowing employees who were previously subject to a lockout to return to work.Thailand | Workplace & Employment | 21 May 2020
On 19 May 2020, the Thai Cabinet approved in principle a proposal made by the Ministry of Digital Economy and Society to provide a one-year long postponement of the effective date of key operative provisions of the Personal Data Protection Act B.E. 2562 (2019) ("PDPA") from 27 May 2020 to 31 May 2021 ("New Effective Date"). This move comes as good news for companies struggling to implement their personal data protection regimes by the original 27 May 2020 date. For example, by the New Effective Date, companies are required to ensure they obtain consent from the Data Subject prior to or at the time of any collection, use, or disclosure of Personal Data, except where consent is not required under the PDPA or pursuant to any other laws.
This Update highlights the implications of the postponement, as well as the key features of the PDPAThailand | Data Privacy | 20 May 2020
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