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PDPA Second Postponement
May 2021

By Nat Boonjunwetvat, Punnapa Vorapanyasakul


Following the approval of the Cabinet on 5 May 2021, the Royal Decree on Entities and Businesses of Data Controllers that are Exempted from the Personal Data Protection Act B.E. 2562 (2019) (No. 2) B.E. 2564 (2021) was published in the Royal Gazette on 8 May 2021 to defer the full enforcement of the Personal Data Protection Act B.E. 2562 (A.D. 2019) (the “PDPA”) for another year. Accordingly, the date of full implementation of the PDPA has been delayed for a second time to 1 June 2022. 

Whilst data controllers remain obliged to observe certain interim security measures in accordance with the relevant Notification of Ministry of Digital Economy and Society, the postponement presents the opportunity for business operators to further brace for the PDPA impact as well as review their data processing activities to ensure compliance before the PDPA finally comes into full force.

 

This document is solely intended to provide an update on recent development in Thailand legislation and is not purported to provide a legal opinion, nor a legal advice to any person.

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In 2022, the Thai Civil and Commercial Code (the “CCC”) underwent a significant amendment, introducing the concept of a merger, which allows one merging entity to remain in existence. While this concept may not be new for other jurisdictions, it is a development for Thai private companies and is expected to impact business integration. Although this new concept is not applicable to public companies, we believe it is worthwhile exploring the key business consolidation schemes currently available under the relevant primary corporate laws and the key considerations when deciding to implement a merger and/or amalgamation.
Cross-Border Transfer of Personal Data
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On 25 December 2023, the Personal Data Protection Commission (the “PDPC”) issued two notifications relating to cross-border transfer of personal data, namely:
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