Thailand: Cabinet approves draft decree postponing enforcement of PDPA for another year
The Ministry of Digital Economy and Society ('MDES') announced, on 5 May 2021, that the Cabinet of Thailand had approved a draft decree which would further postpone the enforcement of the Personal Data Protection Act 2019 ('PDPA') until 1 June 2022. In particular, the MDES highlighted that postponing the PDPA for another year would help to reduce the burden on businesses and government agencies during the ongoing COVID-19 pandemic which has had a huge impact on the country's economy and society.
OneTrust DataGuidance confirmed the development with Dhiraphol Suwanprateep and Thananya Chaikamosuk, Partner and Associate respectively, at Baker McKenzie, who commented that, ''the next step of the process is to submit the draft decree to be promulgated in the Government Gazette for the extension to be officially effective. According to the current version of the draft decree, the extension will be effective from the following date of the promulgation thereof in the Government Gazette. [Furthermore], the extension of the PDPA's full applicability date would apply to all data controllers which fell within the list of 22 exempted organisations and businesses as set out in the previous royal decree.''
In addition, the MDES noted that, although enforcement of the PDPA may be postponed, data controllers should still comply with the security standards for personal information and understand the importance of protecting personal information.