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Thailand’s law on personal data protection postponed for another year

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​​published on 28 May 2021 | reading time approx. 1 minute

The Thai cabinet has approved the deferral of the full enforcement of the Personal Data Protection Act B.E. 2562 (PDPA). The PDPA, which has seven chapters and 96 sections,  is technically effective since 28 May 2019 with most provisions scheduled to take full effect on 27 May 2020 as a one-year grace period to allow adjustment by affected entities. 

In May 2020, the cabinet then agreed to postpone the enforcement of most PDPA chapters by another year to give public and private sectors more time to prepare their internal processes amid the economy’s struggle during the pandemic.

The new request for postponement was forwarded by the Ministry of Digital Economy and Society to the cabinet meeting in early May 2021 with the explanation that the country is facing a difficult time with the pandemic and the legislation’s related processes including the appointment of the 16-member Personal Data Protection Committee have yet to be settled. Subsidiary legislation in connection with consent procedures, complaint reception and expert panels have been drafted, but require approval from the committee. 

Automotive and travel business operators as well as the Federation of Thai Industries and the Thai Chamber of Commerce have raised concerns about current capacities for compliance with the legislation and asked for the postponement. In the light of  the above, on 8 May 2021 an amendment to the Royal Decree was published in the Royal Gazette, which postpones the full enforcement of the PDPA for another year, making the PDPA fully enforceable from 1 June 2022 onwards.

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