Update on Personal Data Law – Standard of the Security Measures and Our Remarks

Author: Yothin Intaraprasong, Yuyu Komine, Poonyisa Sornchangwat (Co-author)

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Publisher: Nagashima Ohno & Tsunematsu

Journal / Book: NO&T Thailand Legal Update No.4 (August, 2020)

Reference

Practice Areas

*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.

Background
Despite the postponement of the Personal Data Protection Act of 2019 (“PDPA”) to 1 June 2021 by virtue of the ‘Royal Decree Prescribing the Data Controller’s Organizations and Businesses to which the Personal Data Protection Act of 2019 shall not be applied of 2020’ (“Royal Decree”), which generally applies to the data controllers operating in certain businesses (“Data Controllers”), the Data Controllers are still subject to compliance with the security measures for the protection of personal data (“Security Measures”) in accordance with the standard prescribed by the Ministry of Digital Economy and Society.

On 24 June 2020, the ‘Notification of Ministry of Digital Economy and Society Re: Standard of Security Measures on the Personal Data of 2020’ (“Notification”) was issued with a limited effective period from 18 July 2020 to 31 May 2021. As a result, the Data Controllers, shall still provide the Security Measures in accordance with the minimum standard per the Notification, as elaborated below.

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