Data Controllers not regulated by the Enforcement of the Personal Data Protection Act B.E. 2019 (yet)

On 21st May 2020, the Royal Thai Government Gazette announced the Royal Decree on Organizations and Businesses where Data Controllers are not regulated by the Enforcement of the Personal Data Protection Act B.E. 2019 B.E. 2020 (the “Royal Decree”).

The Personal Data Protection Act B.E. 2019 (the “PDPA”) was announced in the Royal Thai Government Gazette on 27th May 2019 effective from 27th May 2020 to protect personal data of individuals. Certain public and private sectors have not been ready to implement the procedures specified by the PDPA which are detailed, complex and require high technology.  The Royal Decree therefore has been announced to exempt the following organizations and businesses from enforcement of the PDPA to provide more time for these organizations and businesses to be fully compliant with the PDPA:-

1.    Government authorities;

2.    Foreign government authorities and international organizations;

3.    Foundations, associations, religious organizations and non-profit organizations;

4.    Agricultural businesses;

5.    Industrial businesses;

6.    Commercial businesses;

7.    Medical and public health businesses;

8.    Energy, steam, water and waste disposal and related businesses;

9.    Construction businesses;

10. Repair and maintenance businesses;

11. Transportation, logistic and warehouse businesses;

12. Tourism businesses;

13. Communication, telecommunication, computer and digital businesses;

14. Financial, banking and insurance businesses;

15. Real estate business;

16. Professional businesses;

17.  Management and supportive businesses;

18. Scientific, technological, academic, social welfare and artistic business;

19. Educational businesses;

20. Entertainment and recreational businesses;

21. Security businesses; and

22. Household and community enterprise businesses which its activities cannot be clearly classified.

Therefore, if you are operating any of the above businesses, you will have more time to be fully compliant with the PDPA until the Royal Decree expires on 31st May 2021.

If you have any queries on the Royal Decree or the PDPA, please feel free to contact us at enquiries@southasia-law.com and we will revert to you as soon as practicable.


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