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Thailand: New draft laws on cross-border data transfer – Now open for public consultation

by , , , and 6 Mins Read

On 27 October 2023, Thailand’s Personal Data Protection Committee published for public consultation two new draft rules regarding cross-border transfer of personal data. These two draft rules, namely: (1) Draft Whitelist Notification and (2) Draft Binding Corporate Rules and Appropriate Safeguards Notification, upon becoming effective as binding laws, will serve to expand the available options for making a lawful transfer of personal data outside Thailand in compliance with the Personal Data Protection Act B.E. 2562.

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In Environment

Thailand: Key environmental legislation in the making – A new drive towards a more sustainable future (Part III)

by , , , , and 4 Mins Read

In this final part of the series, we will look at the Draft Waste Electrical and Electronic Equipment Management Act. The development of a legal framework for the management of waste from electrical and electronic equipment (WEEE) has been discussed and studied in Thailand for almost two decades. However, despite existing general environment-related laws, such as the NEQA, the Hazardous Substance Act, B.E. 2535 (1992), and the Factory Act, B.E. 2535 (1992), there is currently no specific Thai law governing WEEE management in a systematic and sustainable way.

In Thailand

Thailand: Current state and future direction of AI regulation

by , , , , , and 1 Min Read

Artificial Intelligence is a leading technology that is advancing rapidly. Many industries are anticipated to benefit from AI assistance, which may also affect human workforce in certain industries in the near future. Currently, two draft legislations have been introduced in Thailand: (i) The Draft Royal Decree on Business Operations that Use Artificial Intelligence System; and (ii) The Draft Act on the Promotion and Support of AI Innovations in Thailand.

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Thailand: PDPA update – Sub-regulation regarding the designation of Data Protection Officers

by 4 Mins Read

The Notification of the Personal Data Protection Committee re: Designation of a Data Protection Officer under Section 41 (2) of the Personal Data Protection Act B.E. 2562 (2019) B.E. 2566 (2023) (“PDPC Notification re: DPO Designation”) has been published in the Government Gazette on 14 September 2023. This notification will be effective from 13 December 2023. While most of the requirements under the PDPC Notification re: DPO Designation remain unchanged from its draft version, the published version specifies a minimum number of data subjects that would trigger the large-scale criteria and the data controller’s obligation to designate a data protection officer.

In ESG

Thailand: Why businesses should invest in solutions to biodiversity loss

by , , , and 3 Mins Read

Biodiversity is included as Goals 14 and 15 of the Sustainable Development Goals, and its growing significance was emphasized during the special COP on biodiversity, COP15. Many jurisdictions, such as Australia, Japan and the EU, have adopted biodiversity laws to respond to the growing threat of species extinction, habitat loss and ecosystem loss. Thailand has also been working on the same subject, as was included in the most recent Prime Minister’s Statement on National Strategy, and the Ministry of Natural Resource and the Environment has been working on the draft Biodiversity Bill.

In

Thailand: New data protection regulation for telecommunications business operators

by , and 5 Mins Read

The National Broadcasting and Telecommunications Commission (NBTC) has recently released a new Notification on Measures to Protect the Rights of Telecommunications Service Users Related to Personal Data, Rights to Privacy, and Liberty to Communicate through Telecommunications (“Telecommunications Data Protection Notification”). This Telecommunications Data Protection Notification repealed and replaced the existing NTC (National Telecommunications Commission, now the NBTC) notification on data protection, which had been applicable to telecommunications business operators since 2006.

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In Environment

Thailand: Key environmental legislation in the making – A new drive towards a more sustainable future (Part II)

by , , , , and 6 Mins Read

The current legal framework for managing packaging and other household waste in Thailand has long been governed by various pieces of legislation, such as the Public Health Act, B.E. 2535 (1992) and the Act on the Maintenance of Cleanliness and Orderliness of the Country, B.E. 2535 (1992). To provide equality and equity for all stakeholders with the ultimate goal of mitigating the environmental impact caused by packaging waste, and at the same time promoting a strong circular economy, the Draft Sustainable Packaging Management Act has been developed to establish systematic and sustainable management of packaging waste.

In AML & Financial Services Regulatory

Thailand: Regulations on Cryptocurrency and Digital Token Offerings

by 1 Min Read

In 2022 and 2023, following the collapse of the key global players in the crypto industry, regulators around the world closely scrutinized crypto activities and tightened the regulations for digital asset businesses. This tightening primarily concerns the protection and segregation of customers’ assets, which has become standard practice since the crypto crash. To keep up with the dynamic and evolving regulatory developments, we have revised this publication to provide an updated overview of regulations pertaining to digital assets in Thailand.

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