Technology & Data Privacy

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THAILAND: COVID-19: Further Postponement of Implementation Deadline for Personal Data Protection Act

On 8 May 2021, the Royal Decree Prescribing an Entity and Business in which the Data Controller is Exempted from the Personal Data Protection Act B.E. 2562 (No. 2) B.E. 2564 was published in the Government Gazette. As a result, the previous one-year long postponement of the effective date of key operative provisions of the Personal Data Protection Act B.E. 2562 (2019) ("PDPA") have been further postponed from 1 June 2021 to 1 June 2022.

The rationale for the further postponement is the severity of the COVID-19 pandemic and its significant impact on entities and businesses in both the private and public sectors across the country, which has delayed the PDPA readiness of many. When combined with the need to utilise advanced technology to implement the PDPA provisions, it was deemed reasonable to extend the period of enforcement of full implementation of the PDPA until 1 June 2022. This Update provides a brief overview of key provisions of the PDPA.

THAILAND: COVID-19: Postponed Implementation Deadline for Personal Data Protection Act

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 PDPA