Month: January 2022

On 18 January 2022, a Cabinet Resolution was announced in the Royal Gazette appointing the Personal Data Protection Committee (PDPC) effective from 11 January 2022. The PDPC has the authority and duty under the Personal Data Protection Act B.E. 2562 (2019) (PDPA) to determine the details of regulations as well as establish criteria and guidance for business operators to comply with the PDPA.

This announcement follows a recent statement from the Ministry of Digital Economy and Society that there will be no further delays in the full enforcement of the PDPA, which will take place on 1 June 2022.

Therefore, all business operators who collect, use and/or disclose personal data, in particular B2C service providers, should make all necessary preparations now for the full enforcement of the PDPA in four months.

Blumenthal Richter & Sumet has a leading Data Protection practice and has provided a readiness-preparedness checklist and roadmap to compliance with the PDPA below. We have also teamed up with Prime Solution and Services Co., Ltd. to provide a one-stop service for the PDPA using PCU3ED software on:

• Data Mapping and Record of Processing Activities (RoPA)
• Consent Management
• Cookies Consent Management
• Data Subject Rights
• Data Masking with HSM
• Data Loss Prevention 

BRS has advised a number of clients on PDPA matters. Our recent highlights include advising:

the National Institute of Development Administration (NIDA), a higher education institution, on complying with the PDPA in Thailand. We are conducting trainings and workshops as well as data mapping and gap analysis. In addition, our team is advising the Data Protection Officer on compliance with the PDPA, preparing all legal document templates and further advising on appropriate software to ensure compliance with the PDPA for staff, students and third parties of NIDA

one of the world’s most well-known luxury fashion houses on Thai laws and agreements applicable to promotion campaigns to be launched in Thailand. We are also advising the client on compliance with the PDPA using sophisticated software-based data privacy tools in the provision of our services including for conducting gap analyses and preparing documentation required by law

the leading data center and cloud service provider which is a subsidiary of one of Thailand’s largest private companies on ensuring compliance with the PDPA during the data center implementation process

on gap analyses and other services under the PDPA for a financial public company providing support to SMEs; an operator of private hospitals; an eco-friendly industrial zone with infrastructure and public utilities in the Southern Economic Corridor of Thailand; a distributor public company in fashion and lifestyle products; a cosmetic surgery clinic; a water supply public company; a private not-for-profit international school in Bangkok; and a British international school.

Individuals at Blumenthal Richter & Sumet (BRS) have been recognized as leaders in their practice areas in the 2022 edition of The Legal 500, a preeminent legal publication that publishes annual rankings and awards. Rankings and recognition have been awarded to the following individuals:

– Sumet Mingmongkolmitr, Senior Partner – Leading Individual in Tax

– Robert Schuler, Senior Partner – Leading Individual in Real Estate and Construction

– Andreas Richter, Senior Partner – Recommended Lawyer in Corporate and M&A

– Ittinant Suwanjutha, Partner and Co-Head of Tech-Media-Telecoms (TMT) – Recommended Lawyer in Real Estate and Construction

– Anuwat Ngamprasertkul, Partner as well as Head of Litigation and Dispute Resolution and Co-Head of TMT – Recommended Lawyer in Dispute Resolution

– Siripen Kulworakulpitak, Head of Corporate and Commercial Transactions – Recommended Lawyer in Corporate and M&A

Our lawyers were praised by clients and market research in the editorial accompanying the rankings.

In the Tax rankings, the editorial states “The group is led by Sumet Mingmongkolmitr, who represents high-net-worth individuals and multinational corporations on their tax operations in Thailand, as well as advising on tax-related issues to foreign investment and offshore structures for outbound transactions”.

The TMT rankings editorial mentions Ittinant’s representation of fintech and digital companies on business structures, operations and licensing as well as Anuwat’s work on data protection matters.

The editorial of the Corporate and M&A rankings states that Andreas is “noted for his expertise in assisting foreign law firms whose clients are entering the Thai market” and Siripen is “experienced in commercial transactions.”

In the Real Estate and Construction rankings, Robert’s more than 20 years of experience in real estate matters across Southeast Asia advising owners, operators and investors on hotel, resort and retail development projects is mentioned as well as Ittinant’s work for real estate developers on property developments and leasing in Thailand.

In the Dispute Resolution rankings, it states “Blumenthal Richter & Sumet Ltd.’s litigation and disputes resolution practice is led by Anuwat Ngamprasertkul, who has ‘deep knowledge’ and experience in a broad range of matters, from commercial and employment disputes to bankruptcy and insolvency matters.”

BRS also received leading firm rankings for Tax, TMT, Corporate and M&A as well as Real Estate and Construction.

Please visit The Legal 500 website to view the full rankings.

In the 2022 edition of The Legal 500, a well-known legal directory publication, Blumenthal Richter & Sumet (BRS) has been awarded leading rankings in Thailand, as follows:

• Tier 2 – Tax
• Tier 2 – TMT
• Tier 3 – Corporate and M&A
• Tier 3 – Real Estate and Construction
• Firms to Watch – Dispute Resolution

BRS received extensive praise from clients and market research in the editorial accompanying the rankings.

In the Tax rankings, our tax practice is lauded for our client work across multiple industries in a variety of tax matters.

The TMT rankings editorial praise our firm’s “expertise in handling data protection and PDPA matters” and mentions our work in the media, engineering, manufacturing and investment services sectors as well as our advice to Thailand’s telecoms operators on their licensing and regulatory requirements.

The editorial of the Corporate and M&A rankings has equal praise for BRS, stating that our recent caseloads feature a mix of M&A transactions, joint ventures and corporate structurings.

In the Real Estate and Construction rankings, the editorial describes our work for multinational corporations, institutional investors and private equity funds on development projects, particularly in the hospitality and hotel sectors, as well as our work on industrial acquisitions, restructurings and real estate transactions.

Our Litigation and Dispute Resolution practice was also recognized in the Firms to Watch category.

The Legal 500 publishes annual rankings of law firms which assess law firm submissions, client feedback and independent market research. Firms that provide the most cutting edge and innovative advice to corporate counsel are praised, and other factors such as technical ability, reputation for handling complex and innovative deals, perception in the market, prestigious clients, capacity for the largest transactions and cases, market share, historical track record on top deals and cases, clear investment for the future and progress with acquiring new clients are considered.

Individuals at BRS were also recognized as Leading and Recommended Lawyers.

Please visit The Legal 500 website to view the full rankings.