Introduction
In Thailand’s extensive business economy, personal data is an invaluable asset. Recognising the importance of safeguarding this data, the Personal Data Protection Act B.E. 2562 (2019) (PDPA) was introduced in Thailand and went into full effect on 1 June 2022. The PDPA is a pivotal legislation for data protection in Thailand to protect personal data from unauthorised use or disclosure. However, the implications of non-compliance can be severe, leading to substantial civil and criminal penalties. As a result, organisations must conduct self-assessments when navigating the PDPA for your Organisation.
Three Key Principles for PDPA Compliance
Awareness of Personnel and Relevant Persons
For an organization to comply effectively and sustainably with data protection in Thailand and protect personal data from unauthorised use or disclosure under the PDPA, all its personnel and relevant individuals must be consistently aware of the importance of protecting personal data. To achieve this, organizations should implement the following measures:
- Appropriate PDPA Training:
Given the complexity of the PDPA provisions, organisations should design tailored training courses. These could include:
- Training for Management: To emphasise the significance of the PDPA and organisation, enable leadership to monitor compliance closely.
- Training for PDPA Working Teams: Offering detailed, business-operation-relevant training.
Regular Communication:
- Consistent and clear communication on PDPA updates and guidelines is essential.
- Regular Refresher Training: Ensuring all personnel stay updated by conducting refresher training every 12 months and running continuous privacy awareness campaigns.
Cooperation of All Personnel
Personal data processing is intertwined with daily operations across nearly every department. PDPA preparation and compliance require active cooperation from all parts of an organisation. Departments intimately familiar with their own activities are best equipped to ensure PDPA readiness. A few practical steps include:
- Assistance with Record of Processing Activities (ROPA): All relevant departments should collaborate on the preparation and updating of ROPA to guarantee its accuracy, completeness, and up-to-date information. The ROPA assists in defining a PDPA compliance framework tailored to the organisation’s operations.
- Legal Support: The ROPA is also crucial in assisting the legal department in analysing and preparing the necessary PDPA legal documents. and fully transparent privacy notices which must be current and published on your organisation website.
Establishing Guidelines for PDPA Compliance Monitoring
To ensure compliance with the PDPA, organisations should take the following steps:
- Designate Responsibility: Appoint responsible individuals, including a Data Protection Officer (DPO) and a DPO support team, if the organisation meets the DPO criteria. In cases where a DPO appointment isn’t mandatory, other relevant individuals should be assigned this role.
- Compliance Checks: Implement regular PDPA compliance checks through an internal team or external consultantsadequatconsultantse to ensure effective adherence to the law.
Balancing Compliance with Business Continuity
While PDPA compliance is non-negotiable, it’s essential to balance complying with the law and maintaining business continuity. This is especially critical for activities involving a significant amount of personal data. Organisations may need to seek specialist advice to navigate compliance’s legal and practical aspects effectively.
Formiti: Your PDPA Compliance Partner
Formiti offers extensive experience in PDPA compliance and associated services. Our comprehensive services cover the entire spectrum of PDPA compliance, from data identification to the final stages of PDPA implementation. We provide ongoing support, including training, document reviews, ad-hoc advisory services, Data Protection Officer support, and additional advisory services.
We welcome the opportunity to discuss how these measures can benefit your business. Please contact us for a consultation on your PDPA compliance needs.
See Our Formiti PDPA services