Category: Empfohlen

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.

Season’s greetings. From the Team at Blumenthal Richter & Sumet, here is to health and success for the New Year 2022.

Please note that our offices will not be open on Friday 31 December 2021 and Monday 3 January 2022 for the New Year, and will re-open on Tuesday 4 January 2022.

Blumenthal Richter & Sumet (BRS) is hiring a motivated junior attorney in the firm’s Corporate practice group. Interested candidates should please send their resume and references to [email protected].

We offer attractive remuneration and the opportunity to develop professionally in an established international legal practice. All applications will be treated as strictly confidential. Only shortlisted candidates will be notified.

BRS assists clients to make confident business decisions. We are commercial and responsive. Efficient and pragmatic. And in a fast-changing world, we create simplicity for clients in the face of increasing complexity for them to make the right decisions, achieve their strategic priorities and identify new opportunities. We take the time to understand each of our client’s unique needs, and provide a solutions-driven commercial view with real in-depth knowledge of clients’ sectors and markets.

For over 40 years, our licensed Thai, European and U.S. attorneys have worked at our clients’ side, understanding their business while serving as a trusted counterpart who knows the law. Assisting clients as a team, we collaborate with them to navigate not only the legal issues but the regulatory aspects impacting their business sectors.

Project Infinite Opportunities has a Q&A on YouTube! Watch it now: https://youtu.be/_ZnmUOU_Hrc.

What is the process like in fixing computers and turning them into new ones? Where do they get computers to fix? What is a challenging part about the project? How do requests for more reach Project Infinite Opportunities? These are some of the questions answered in the Q&A.

Many Thai children are struggling with online learning. You can help by donating your unused computer hardware to Project Infinite Opportunities who refurbishes second-hand computer hardware which they then give away to underprivileged students in Thailand to improve their online learning experience. Two students from the International School Bangkok are leading the project, accepting donations and working on cleaning and repairing donated computer hardware.

Please also visit their YouTube channel: Project Infinite.

And their Linktree.

Blumenthal Richter & Sumet (BRS) is hiring motivated mid-level attorneys in the firm’s Real Estate practice group. Interested candidates should please send their resume and references to [email protected].

We offer attractive remuneration and the opportunity to develop professionally in an established international legal practice. All applications will be treated as strictly confidential. Only shortlisted candidates will be notified.

BRS assists clients to make confident business decisions. We are commercial and responsive. Efficient and pragmatic. And in a fast-changing world, we create simplicity for clients in the face of increasing complexity for them to make the right decisions, achieve their strategic priorities and identify new opportunities. We take the time to understand each of our client’s unique needs, and provide a solutions-driven commercial view with real in-depth knowledge of clients’ sectors and markets.

For over 40 years, our licensed Thai, European and U.S. attorneys have worked at our clients’ side, understanding their business while serving as a trusted counterpart who knows the law. Assisting clients as a team, we collaborate with them to navigate not only the legal issues but the regulatory aspects impacting their business sectors.

Andreas Richter and Anuwat Ngamprasertkul

Thailand’s Personal Data Protection Act B.E. 2562 (2019) (“PDPA”)*, which was published in the Royal Gazette on 27 May 2019, was due to be fully enforced one year later on 27 May 2020. On 21 May 2020, however, the Thai government announced a Royal Decree in the Royal Gazette to partially postpone the enforcement of the PDPA by one more year to 1 June 2021 (the “Royal Decree”).

The impetus behind this postponement is the Thai government’s recognition that implementing compliance with PDPA law is complex, and therefore, costly and requires advanced training at all levels. Also, personal data is currently collected and processed by many companies and government agencies to cope with the COVID-19 crisis, which would create major legal compliance issues if the PDPA would now come into full force.

Included in the postponed enforcement of the PDPA are provisions relating to personal data protection, including data collection and use or disclosure of personal data; rights of the data owner; complaints; civil liability; penalties, including criminal liability and administrative liability; and grandfather clauses. However, the Thai government is moving ahead with further establishing the regulatory body and related committee under the PDPA.

The Royal Decree, despite its intention to cover all businesses in Thailand, lists the types of business that will be qualified for this extension, including businesses in the commercial, industrial, construction, energy, public utility, maintenance, transportation, hospitality, communication, banking, insurance and professional industries, among others (see the full list below).

This does not mean that you should not prepare for compliance with the PDPA, however, as the Royal Decree still requires business owners, as data controllers, to have in place security safeguards for personal data in accordance with the standards set by the Ministry of Digital Economy and Society. Therefore, businesses should still have an adequate standard of protecting personal data under their control.

Also, in a competitive world, if businesses can demonstrate that they are fully compliant with the PDPA before their competitors, these businesses will gain the trust of their customers, suppliers, shareholders, stakeholders as well as the general public, and at the same time, mitigate the risk of a data leakage which may cause negative reputational damage and open the door for damaged persons to take legal action against the business owner under general rules, even though the enforcement of the PDPA has been postponed.

In addition, businesses with connections of any means to the European Union are still exposed and are subject to the rules and regulations of the European Union’s General Data Protection Regulation (“GDPR“) and its exterritorial reach, and therefore, are strongly advised to now become compliant with the PDPA which, essentially, is the equivalent of the GDPR.

*The PDPA law is a new law in Thailand that is aligned with the GDPR in the European Union. The PDPA law will change how all businesses operate, setting a high standard for protecting personal data that is collected, stored, disclosed or used for any processing activities. It also sets out important and far-reaching obligations for business owners to respond to new data owner rights, such as the right to access, right to be forgotten, right to withdraw consent and more. In addition, the PDPA law introduces severe penalties for breaches of up to THB 5 million as well as criminal penalties for active directors and responsible officers and double damages to damaged persons.

***

Translated Extracted details of the Royal Decree

Rationale

The Personal Data Protection Act B.E. 2562 (2019) has thoroughly specified rules, procedures and conditions for personal data protection mandating every data controller across the country, both public and private sectors, to strictly comply with such rules, procedures and conditions. However, compliance with such rules, procedures and conditions prescribed by law is detailed and complex, and requires advanced technology to provide effective personal data protection in line with the spirit of the law. This has caused data controllers, both government agencies and private organizations, to not be ready to comply with such Act. Moreover, Section 4, paragraph two of the Personal Data Protection Act B.E. 2562 (2019) states that “The exceptions to apply all or parts of the provisions of this Act to any Data Controller in any manner, business or entity, in a similar manner to the Data Controller or for any other public interest purpose, shall be promulgated in the form of a Royal Decree.” For these reasons, it is appropriate to identify the entities and businesses that qualify to be exempted from the Personal Data Protection Act B.E. 2562 (2019) during the grace period and in the promulgation of this decree.

The essence of the Royal Decree

• This decree defines Data Controllers that are entities and businesses exempted from specific provisions of the Personal Data Protection Act B.E. 2562 (2019).
• This decree shall come into force from May 27, 2020 until May 31, 2021.
• The provisions of Chapter II, Chapter III, Chapter V, Chapter VI, Chapter VII and Section 95 of the Personal Data Protection Act B.E. 2562 (2019) shall not be applied to data controllers that are the entities or businesses specified in the list attached to this decree.
• For the benefit of protecting personal data, the data controller under the list shall provide security measures for personal data in accordance with the standards prescribed by the Ministry of Digital Economy and Society.

List attached to the Royal Decree Specifying Data Controllers that are Entities and Businesses exempted from the Personal Data Protection Act B.E. 2562 (2019):

(1) Government agencies

(2) Foreign government agencies and international organizations

(3) Foundations, associations, religious organizations and non-profit organizations

(4) Agricultural business

(5) Industrial business

(6) Commercial business

(7) Medical and public health affairs

(8) Energy, steam, water and waste disposal business including related business

(9) Construction business

(10) Repair and maintenance business

(11) Transportation, delivery and storage of goods business

(12) Tourism business

(13) Communications, telecommunications, computers and digital business

(14) Finance, banking and insurance business

(15) Real estate business

(16) Professional practices

(17) Administration and support services

(18) Science and technology affairs, academic work, social work and arts

(19) Educational affairs

(20) Entertainment and recreation activities

(21) Security business

(22) Household affairs and community enterprises which are unable to be clearly classified

In case there is a problem with an entity or business specified in this list, the Personal Data Protection Committee shall be entitled to make a decision on this.

 

Disclaimer:

This document is of a general nature only and is provided as an information service. It is not intended to be relied upon as, nor is it a substitute for specific professional advice. No responsibility can be accepted by Blumenthal Richter & Sumet Ltd. for any losses or damages incurred by any person doing anything as a result of this document.

For more information, please contact Andreas C. Richter, Senior Partner at Blumenthal Richter & Sumet, at [email protected] or Anuwat Ngamprasertkul, Partner and Head of Litigation and Dispute Resolution, at [email protected].

Anuwat Ngamprasertkul, Partner and Head of Litigation and Dispute Resolution as well as Co-Head of Tech-Media-Telecoms (TMT) at Blumenthal Richter & Sumet, held a webinar on 24 April 2020 on the topic “Roadmap to Personal Data Protection Act (PDPA) Compliance”, where he discussed the current PDPA situation in Thailand and the consequences of a postponement, how the PDPA and the European Union’s General Data Protection Regulation (GDPR) affect your business, penalties for non-compliance, how to deal with the collection of new sensitive information during COVID-19 and more. Anuwat has more than 15 years’ experience working at a Big Four firm, where he was a director and had a significant role in advising on and implementing compliance with PDPA law in Thailand.

The full webinar is available here:

Introduction

What is the PDPA

Update on the current status of the PDPA in Thailand and consequences of a possible postponement

Data privacy and COVID-19

How do the PDPA and the EU’s GDPR affect your business?

Penalties for non-compliance and case studies

What you need and not need to do for compliance with the PDPA

How to implement a data privacy compliance policy that protects employees, suppliers and customers in a cross-border scenario

How to manage your rights and obligations under the PDPA

Roadmap to compliance with PDPA law for your business

Our work, your benefits

Q&A

The contents herein are for informational purposes only and should not be relied upon as legal advice. For more information, please contact Anuwat Ngamprasertkul, Partner and Head of Litigation and Dispute Resolution as well as Co-Head of Tech-Media-Telecoms (TMT), at [email protected].

Blumenthal Richter & Sumet (BRS) is hiring motivated attorneys in the firm’s Real Estate practice group. Interested candidates should please send their resume and references to [email protected].

We offer attractive remuneration and the opportunity to develop professionally in an established international legal practice. All applications will be treated as strictly confidential. Only shortlisted candidates will be notified.

BRS assists clients to make confident business decisions. We are commercial and responsive. Efficient and pragmatic. And in a fast-changing world, we create simplicity for clients in the face of increasing complexity for them to make the right decisions, achieve their strategic priorities and identify new opportunities. We take the time to understand each of our client’s unique needs, and provide a solutions-driven commercial view with real in-depth knowledge of clients’ sectors and markets.

For over 40 years, our licensed Thai, European and U.S. attorneys have worked at our clients’ side, understanding their business while serving as a trusted counterpart who knows the law. Assisting clients as a team, we collaborate with them to navigate not only the legal issues but the regulatory aspects impacting their business sectors.