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Thailand Establishes Personal Data Protection Commission consult by Tilleke and Gibbins

Thailand has completed the establishment of the Personal Data Protection Commission (PDPC), the regulator under the country’s Personal Data Protection Act B.E. 2562 (PDPA), strongly indicating that the planned full enforcement of the PDPA on June 1, 2022, is likely to proceed as scheduled.

The establishment of the PDPC was finalised on January 18, 2022, when the Announcement of the Prime Minister’s Office on the Appointment of Chairperson and Honorary Members of the PDPC was published in the Government Gazette.

As stipulated in the PDPA, the PDPC consists of:

  • The chairperson, appointed based on knowledge, skills, and experience;
  • The vice-chairperson, who is the permanent secretary of the Ministry of Digital Economy and Society;
  • Five commission members, designated based on their positions in certain government agencies (as prescribed under the PDPA); and
  • Nine honorary commission members were appointed based on knowledge, skills, and experience in personal data protection, consumer protection, technology and telecommunication, social science, law, health, finance, or other relevant fields.

As the vice-chairperson and the five commission members are appointed to the PDPC based on their positions, the January 18 announcement appointing the chairperson and the nine honorary commission members completes the formation of the PDPC.

The full enforcement of the PDPA has been previously postponed, and many businesses had expressed concern that another extension would be forthcoming before the current enforcement date. However, the successful establishment of the PDPC is a fundamental prerequisite to enforcement and indicates that the effective date of the PDPA on June 1, 2022, is unlikely to be further postponed. In addition, the PDPA’s draft subordinate regulations that were the subject of a series of public hearings last year are likely to be issued in the near future.

Companies and other organisations that are not yet compliant with the PDPA should now assess their current practices for handling and processing personal data in order to ensure that any compliance gaps can be closed or minimised before the full enforcement date. Our corporate member, Tilleke and Gibbins is Thailand’s largest and most highly regarded independent law firm which is such a good start for your company to consult with us if you are not registered yet.

For more details on the requirements under the PDPA and its subordinate regulations, please consult the Tilleke & Gibbins data privacy team:
Nopparat Lalitkomon at [email protected] or +66 2056 5646
Gvavalin Mahakunkitchareon at [email protected] or +66 2056 5648
Thammapas Chanpanich at [email protected] or +66 2056 5561

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