Following the revised version of the draft Personal Data Protection Bill published in May 2018, the Ministry of Digital Economy and Society has amended and published a new draft issued for public hearing ("New PDPB") scheduled from 5 to 20 September 2018. Participation in this public hearing is now sought.

The New PDPB adopts and introduces various concepts from the EU General Data Protection Regulation ("GDPR"). Key amendments to the New PDPB pertain to a shorter transition period from 1 year to 180 days, definitions of personal data, extraterritorial applicability, data subject notification requirements, consent requirements, exemptions for collection of personal data from other sources, explicit consent requirements for sensitive data and new exemptions related thereto, records of processing activities, and the prescribed criminal and administrative fines and imprisonment.

Various new obligations and concepts are introduced, including the data subject's right to data portability and the right to object, consent of minors, representatives of controllers or processors who are not established in Thailand, Data Protection Officers, exemptions from cross-border transfer requirements for transfers within the same business group, and punitive damages.

In short, the New PDPB has been substantially changed following implementation of the GDPR. Compliance with the New PDPB could be challenging for any type and size of business. We strongly encourage participation in this public hearing as the New PDPB will be applied to entities both in Thailand and overseas.

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