Support Centre

Thailand: Cabinet acknowledges necessity to postpone PDPA due to Coronavirus

OneTrust DataGuidance confirmed, on 13 May 2020, with Dhiraphol Suwanprateep and Thananya Chaikamosuk, Partner and Associate respectively, at Baker McKenzie, that, on 12 May 2020, 'the Cabinet [of Thailand] has acknowledged the necessity to pass [a] Draft Royal Decree to postpone the effective date of the Personal Data Protection Act B.E. 2562 (2019) ('PDPA') for one year, as proposed by the Ministry of Digital Economy and Society ('MDES').'

Furthermore, Dhiraphol and Thananya summarised that, 'the [enforcement of] key legal obligations and penalties imposed on data controllers and processors, including data subject rights will be delayed for one year [starting from 27 May 2020]', and that the one year postponement Draft Royal Decree will directly include and effect Chapters 2, 3, 5, 6, 7, and Sections 95 and 96 of the PDPA.

Additionally, Dhiraphol and Thananya clarified that the COVID-19 ('Coronavirus') outbreak was cited as a major obstacle for all affected sectors and that the postponement will alleviate the impact on public and private sectors and the general public. Lastly, Dhiraphol and Thananya commented that the Deputy Government Spokesperson has stated that the MDES will propose the Draft Royal Decree for the Cabinet's further consideration and in the meantime, the MDES is in the process of nominating a Personal Data Protection Committee to the Cabinet and preparing sub-regulations under the PDPA.