Thailand Seeks Public Comments on Draft Amendments to ROPA Exemptions

November 8, 2024

Thailand Seeks Public Comments on Draft Amendments to ROPA Exemptions

On October 31, 2024, Thailand’s Office of the Personal Data Protection Committee (PDPC) opened a public consultation period on its draft notification regarding exemptions from the requirement to create and maintain records of processing activities (ROPAs) under the Personal Data Protection Act B.E. 2562 (2019) (PDPA).

This draft notification aims to amend and revoke certain aspects of the first ROPA exemption notification issued in June 2022 and outlines the criteria for data controllers to be exempted from the obligation to prepare and maintain such records. Although it is officially titled “Notification of the Personal Data Protection Committee on Exemption from Record-Keeping Requirements for Small Business Data Controllers,” this draft notification applies to all types of exempted data controllers (see list below), and not only small businesses.

The criteria under the draft notification exempt certain data controllers from the obligation to maintain ROPAs, but not from the obligation to retain information on the rejection of data subjects’ requests to exercise certain rights under the PDPA. While these criteria remain consistent with the June 2022 ROPA exemption notification, there are a few notable amendments to certain issues, as detailed below.

Types of Exempted Parties

The draft notification adds condominium and housing estate juristic persons, as well as individuals, to the list of parties eligible for an exemption, while removing internet cafes from the list.

The complete list of parties eligible for ROPA exemptions under the draft notification is as follows:

SMEs according to the law on SME promotion, defined as follows:

Community or social enterprises, as referred to under the law on community enterprise promotion.
Social enterprises, as referred to under the law on social enterprise promotion.
Cooperatives, cooperative unions, or agriculturist groups under the law on cooperatives.
Foundations, associations, religious bodies, or nonprofit organizations.
Household businesses or other businesses of the same nature.
Condominium or housing estate juristic persons as defined by the laws on condominiums or housing estates, respectively.
Individual data controllers.

Carve-Outs from the ROPA Exemption

Parties exempted from the ROPA requirement must not be data controllers obligated to appoint a data protection officer (DPO) under the PDPA. In addition, exempted parties must still prepare and maintain a ROPA when the collection, use, or disclosure of personal data:

Poses a risk to the rights and freedoms of data subjects.
Is not occasional collection, use, or disclosure of personal data.
Involves special categories of personal data as specified in section 26 of the PDPA—for example, health data, biometric data, religious information, and so on.

Under the June 2022 ROPA exemption notification, service providers required to retain computer traffic data under the law related to computer crime are not eligible for the exemption. The draft notification, however, does not currently include this stipulation.

The consultation period will be open until November 14, 2024, and the draft may be subject to additional revisions before it is finalized and made legally binding.

For more details on this draft notification, or on any aspect of compliance with the PDPA, please contact Nopparat Lalitkomon at [email protected], Napassorn Lertussavavivat at [email protected], or Wilin Somya at [email protected].

Related Professionals

Nopparat Lalitkomon

Thailand, Vietnam,

+66 2056 5646

Email

Napassorn Lertussavavivat

Thailand

+66 2056 5662

Email

Wilin Somya

Thailand

+66 2056 5708

Email

RELATED INSIGHTS

September 24, 2024

Fintech Insights: Alternative Personal Finance in Thailand

In recent years, Thailand has witnessed significant developments in its personal finance sector, particularly in alternative lending options. This article explores two key concepts in the Thai financial landscape: nano finance and personal loans. These alternative lending models, regulated by the Bank of Thailand (BOT), aim to provide more accessible financial services to individuals and small entrepreneurs who might have limited access to traditional funding sources. Nano Finance: Empowering Small Entrepreneurs The nano finance scheme under the BOT’s supervision is designed to provide funding to small entrepreneurs who might have limited access to traditional financial resources. One of the key features of this scheme is the ability of licensed nano finance providers to use alternative data in assessing loan applicants’ ability to repay (information-based lending). To implement this approach, nano finance providers must have an internal policy on credit approval that supports: Identifying scope and processes for utilizing alternative factors or technologies in determining debt repayment capacity, credit line limits for each loan applicant and total credit limits, and acceptable debt repayment targets; Having resources and personnel with sufficient knowledge, capability, experience, and expertise to operate efficiently and effectively, as well as clear checks and balances; Establishing guidelines for selecting and analyzing factors or financial models to evaluate or predict loan applicants’ ability and willingness to repay; Having an internal sandbox to test key success factors of the selected factors or models; and Having a process for monitoring and reviewing the application of the selected factors or models in assessing debt repayment capability. This approach allows nano finance providers to make more informed lending decisions based on a broader range of data, potentially increasing access to finance for small entrepreneurs who may not have traditional credit histories or collateral. Personal Loans The personal loan scheme under BOT supervision aims

September 20, 2024

Thailand Issues Virtual Bank Supervision Regulation

On September 12, 2024, the Bank of Thailand (BOT) Notification Re: Virtual Bank Supervision Criteria took effect. According to this notification, virtual banks must adhere to standards for traditional commercial banks, along with additional requirements tailored to address virtual banks’ digital nature and corporate structure. Specific Requirements The concepts of supervision remain unchanged from the consultation paper titled “Criteria for Supervising Virtual Banks”. Some of the key additional provisions and details on supervision criteria relate to the following: Financial business groups: The notification identifies virtual banks as financial businesses, subject to the BOT’s regulations on financial business group supervision. If a virtual bank is a part of another financial institution’s financial business group, the virtual bank must be under a solo consolidated group. After the “initial phase” (see below), other financial institutions and companies within the financial business group are prohibited from extending credit to or engaging in transactions similar to lending activities with the virtual bank. Capital fund requirements: If other financial institutions’ investment in a virtual bank increases the capital fund in the financial system beyond a safe level and this poses a risk to other financial institutions, the BOT may order the relevant financial institution to maintain capital funds as the BOT deems appropriate. Service channels and outsourcing: Virtual banks must provide services solely through digital channels, except when necessary. For example, with the BOT’s approval, a virtual bank may use other commercial bank electronic branches via an ATM pool system, use a banking agent to serve customer needs for cash, or occasionally provide on-site services. Initial Phase The “initial phase” runs from the date that the virtual bank commences its operations until it receives the BOT’s approval to become fully operational. During this period, certain BOT supervisory requirements are relaxed as follows: Governance: Virtual banks in the initial phase may request

August 29, 2024

Thailand Updates Requirements for Digital Asset Business Governance and Exchange Rules

Thailand’s Securities and Exchange Commission (SEC) has revised its regulations on digital asset operators and exchanges to impose stricter governance standards on digital asset business operators and to align digital asset exchange rules with international standards. The new regulations are laid out in SEC Notification No. GorThor. 23/2567 on the Criteria, Conditions, and Procedures for Operating a Digital Asset Business (No. 24) and SEC Notification No. GorLorThor. 24/2567 on Determination of Prohibited Qualifications for Directors and Executives of Digital Asset Business Operators (No. 5). These were published in the Government Gazette on August 16, 2024, with most of the provisions taking effect on the same date. Governance for Digital Asset Businesses The heightened standards for digital asset business operators aim to ensure efficient business supervision and appropriate response to operational risks. The new requirements mainly address: Board of directors composition. Large-sized digital asset business operators (i.e., those with at least 10,000 customers and holding customer assets of at least THB 500 million) who do not provide digital asset custodian services must have at least five directors, at least two of whom must be independent directors. In addition, the business operators must establish an audit committee, with at least two members being independent directors, to create an appropriate “check and balance” mechanism within the organizational structure. Current digital asset business operators must comply with the requirements within 180 days of the notification’s effective date. Qualifications of authorized directors and managers. Authorized directors and managers are now required to (1) either have at least one year of working experience in the digital asset field or have participated in a digital asset course from an SEC-approved list, and (2) participate in a good corporate governance course recognized by the SEC. Current authorized directors and managers who have not previously completed a good

August 26, 2024

Thailand Issues Criteria for Deletion, Destruction, and De-identification of Personal Data

On August 13, 2024, Thailand’s Personal Data Protection Committee (PDPC) published a notification on the Criteria for Personal Data Deletion, Destruction, and De-identification in the Government Gazette, taking effect on November 11, 2024. Most of the content remains unchanged from the June 2024 draft of the legislation that was released for public comment. Only minor amendments have been made, as outlined below: Data controllers must respond to data subjects’ requests to delete, destroy, or de-identify personal data, including any copies or backups, without delay and within 90 days of receiving the request. This timeframe has been extended from the previous draft, which allowed only 60 days. In deleting, destroying, or de-identifying personal data, the data controller must ensure that no one is able to recover or reverse personal data to enable the direct or indirect identification of the data subject by any means that could reasonably be expected. If the data controller cannot fulfill the request within the 90-day period, it must take measures to ensure that the personal data is made difficult to collect, use, or disclose until the personal data can be deleted, destroyed, or de-identified according to the notification. In such cases, appropriate organizational, technical, and physical measures must be implemented to protect the data, meeting the criteria set forth by the notification. One newly added provision allows data controllers to delete, destroy, or de-identify a data subject’s personal data using a different method than the one requested by the data subject, provided they inform the data subject of the alternative method. However, this is not allowed when the data subject exercises this right on the grounds that the personal data has been unlawfully collected, used or processed, and there are no grounds to reject the request. In relation to the de-identification or anonymization of personal

You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

Industries

Practices

November 8, 2024