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Thailand Personal Data Protection Laws Update: Draft Sub-regulations for the of Protection of Cross-Border Personal Data Transfer

It has been over one year since the Personal Data Protection Committee (the “PDPC”) published the first draft sub-regulation for the protection of cross-border personal data transfer for public review in October 2022. On 27 October 2023, the PDPC published two draft sub-regulations regarding cross-border transfer of the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”) for public hearing purposes. This second round of review was open until 10 November 2023. There are two drafts published concerning cross-border transfer of personal data. The drafts cover Section 28 (adequate protection standard, whitelisted countries) and Section 29 (Binding Corporate Rules, Appropriate Safeguards, Standard Contractual Clauses) of the PDPA respectively. In summary,...To read the full article, please see the PDF file

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Authors

村田 知信

Since 2010, he has been continuously handling transactions, disputes, and regulatory matters related to IT technology and the IT industry, intellectual property matters including measures against counterfeit products, and data protection matters concerning personal data and trade secrets. He also has abundant knowledge on cybersecurity practices and is registered as a registered information security specialist (national qualification in Japan). After studying in the U.S. and the U.K., he moved to Vietnam and then Thailand. Since then, he has been involved in the above-mentioned matters not only in Japan but also in Vietnam, Thailand, Singapore, Indonesia, and other Southeast Asian countries. While there are few Japanese lawyers in Southeast Asia who specialize in the above-mentioned matters, he supports international companies by utilizing both his abundant knowledge and practical experience in the above-mentioned matters and his local experience and network in Southeast Asia.

パヴィニー・ブンヤミッサラー

Pavinee is a leading expert in intellectual property (IP) law. She joined the Intellectual Property Practice Group of SCL Law Group (currently known as SCL Nishimura & Asahi) as an associate upon its formation in 2005. Prior to that, Pavinee was an in-house legal counsel at many companies where she gained extensive hands-on experience within general law practice, IP and e-commerce related matters. She also gained comprehensive knowledge of contracts and telecommunications working with government agencies while she was an in-house legal counsel. Pavinee was a guest lecturer and speaker on IP and information law at various forums. Currently, Pavinee routinely advises major clients on matters relating to trademark and patent registrations, copyright recordation, license agreements, as well as trademark, patent and copyright infringement. Versatile and keen, she also assists with overseas trademark and patent registration applications and acts as counsel providing expert guidance to clients throughout IP enforcement process and litigation proceedings. She has been consistently consulted with on cases involving electronic trade and commerce, domain name registrations and personal data and privacy protection. Representing numerous international and domestic organizations in both public and private organizations, Pavinee takes advantage of a refined understanding of IP prosecutions and commercial risk to deliver to the clients borderless and practical legal advice based upon reliable and comprehensive understanding of the laws, regulations and best practices in Thailand. With her comprehensive knowledge and extensive experience, she is well-equipped to meet the clients’ diverse needs whereby she tailors her legal service and professional advice to suit the particular needs of each client. Pavinee was also named an IP expert by magazines[Ed: I suggest listing which magazines, or listing only a couple if there are many.]. AsiaIP Informed Analysis and the 2022 edition of World Trademark Review 1000 are publishing the recent list.