Pattaraphan Paiboon

Pattaraphan Paiboon

Partner
Baker & McKenzie Limited Attorneys at Law

Biography

Pattaraphan joined Baker McKenzie in 2011 and is a Partner in the Intellectual Property and Technology practice. Before joining Baker McKenzie, she worked at the National Broadcasting and Telecommunications Commission (NBTC) as a legal officer. Pattaraphan is also one of the very few Thai lawyers that is a Certified Information Privacy Professional/Europe (CIPP/E).

Practice Focus

Pattaraphan focuses on telecommunications, broadcasting, IT/Communications, cybersecurity, data privacy and protection, and e-commerce law. She leads teams in conducting data privacy readiness projects, which include gap analysis reporting, issuing reports, and making recommendations for companies to become compliant with Thailand's Personal Data Protection Act (PDPA).

Her work includes overseeing the implementation of corporate privacy structures and creation of data related policies, such as privacy agreements, consent forms, and terms of service. The clients are across the various fields, including banks and financial institutions, hospitality, real estate, infrastructure, oil and gas, technology, automotive, data analytics, digital marketing, logistics, e-commerce, food and beverage, public transportation, conglomerates and retail.

Representative Legal Matters

  • Ensuring Thailand's insurance regulatory office, the Office of Insurance Commission (OIC), is compliant with Thailand's Personal Data Protection Act and also preparing industry-specific data protection guidelines for the key regulated players in the insurance industry, such as insurance companies, agents and brokers.
  • Advising various local and international companies in various industries including automotive (such as German entities, a Swedish entity, a leading Canadian auto parts manufacturer, Japanese vehicles distributor and plant, dealers), public transportation, retail, marketing, big data, data analytics, energy, e-commerce, food and beverage, real estate, insurance, banking, IT and social media platforms, regarding obligations under the Thai Personal Data Protection Act (PDPA) and the European Union's General Data Protection Regulation (GDPR).
  • Providing legal advice and reviewing agreements regarding security and data privacy for e-commerce, telecommunications, big data, data analytics, and automotive businesses (telematics); drafting, reviewing, and revising terms and conditions, privacy policies, terms of use, and cookie policies for compliance with the criteria in the PDPA and the GDPR.
  • Representing 13 digital TV operators in a case on the digital switchover against Thai government in addition to advising various digital media companies and television channel providers on local regulatory requirements for music and online streaming services and mobile applications, as well as various broadcasting providers on mergers and acquisitions.
  • Advising local leading television providers in relation to a digital TV auction; transition of concession, transponder, and uplink service agreements; setting business structures; and compliance with broadcasting regulations
  • Advising various Thai and multinational telecommunications companies for the provision of telecommunications services in Thailand and applying for telecommunications business licenses (e.g. colocation service, data center, leased line, IPLC), telecommunications equipment license, broadcasting equipment license (e.g. internet TV box) and radio communication equipment license.
  • Representing leading computer companies in disputes with the NBTC regarding telecommunications equipment and counseling international companies on licensing, legal requirements, and corporate structuring for providing IPLC, telematics, point of presence, cloud computing, VOIP, and mobile applications in Thailand.
  • Providing local and international companies legal advice in regard to IT security, e-commerce, e-payment, IT outsourcing, data privacy, interception, the Computer Crimes Act, direct sales and marketing, setting up online retail businesses, online room bookings, and vacation rental services under Thai law.
  • Advising leading retail group companies and a food and beverage company in Thailand on digital transformation by moving their business online and preparing terms & conditions and privacy policies including consent forms.
  • Advising international companies on music, movie and software copyright issues, and filing domain name infringement complaints to the Asian Domain Name Dispute Resolution Centre on behalf of clients.

Professional Honors

  • Ranked as 'Up and Coming' in Technology, Media and Telecoms by Chambers Asia Pacific, 2022
  • Named as a Next Generation Partner in Technology, Media, and Telecoms by Legal 500 Asia Pacific, 2020-2022
  • Named as a Next Generation Lawyer in Technology, Media, and Telecoms by Legal 500 Asia Pacific, 2019
  • Certified Information Privacy Professional / Europe (CIPP/E)

Professional Associations and Memberships

  • Lecturer, for Business Law and Information Technology Law courses at the School of Law and School of Business at the University of the Thai Chamber of Commerce, Thailand, 2012-2016
  • Certified Information Privacy Professional / Europe (CIPP/E)
  • Certification, University of California, Berkeley, Broadcast Media Law, USA, 2011
  • Certification, Korea Communications Commission, Digital Switchover, Korea, 2011
  • Certification, National Broadcasting and Telecommunications Commission, Broadcasting and Media regulation, Thailand, 2011
  • Certification, International Bar Association, Communication and Competition Law, Spain, 2010
  • Certification, Communication, Media and Information Technologies, Next Generation Mobile Media, Denmark, 2009

Admissions

  • Thailand

Education

  • University of California, Berkeley (LLM) (2009)
  • Chulalongkorn University (LLB) (2006)

Languages

  • English
  • Thai

Pattaraphan is a highly sought-after guest speaker and lecturer in both public and private forums, including ASEAN Telecommunication Regulators' Council, Chulalongkorn University, True Corporation Public Company Limited, Asian Honda Motor Company Limited, Sephora, PCMA, among many others. She provides her expert opinion on topics including the General Data Protection Regulation (GDPR), Data Privacy, Over-The-Top (OTT) Regulations, Digital Economy, Computer Crime Act, and Cybersecurity.

Pattaraphan's professional writing skills have been recognized through an abundance of published articles with many respectable outlets regarding telecommunications, broadcasting, IT/Communication, data privacy, cybersecurity, and industrial developments related thereto. Additionally, Pattaraphan has co-authored an extensive list of publications, both in-house and externally, on subjects such as the PDPA and Cybersecurity to name but a few.