In this issue, we provide to our clients, members of Chambers of Commerce, and friends up-to-date information and details regarding (1) the Royal Decree to postpone the enforcement of Personal Data Protection Act B.E. 2562 (A.D. 2019).(2) The Board of Investment set measures to mitigate the COVID-19 epidemic impact to the person who has received investment promotion. Also, (3)the announcement by the Civil Aviation Authority of Thailand of temporary ban on all International flights to Thailand during the outbreak of COVID-19 situation.
Content
- Royal Decree stipulating Entities and Businesses whose Data Controller is not subject to Enforcement of the Personal Data Protection Act B.E. 2563 (A.D. 2020), dated 21st May 2020;
- Announcement of the Board of Investment No. Por. 4/2563 (2020) RE: Measure to Mitigate the Impact from Epidemic of Coronavirus 2019 (COVID-19), dated 12th May 2020; and
- Announcement of the Civil Aviation Authority of Thailand to Extend the Period for Temporary Ban on All International Flights to Thailand until 30th June 2020, dated 16th May 2020
Royal Decree stipulating Entities and Businesses whose Data Controller is not subject to Enforcement of the Personal Data Protection Act B.E. 2563 (A.D. 2020) (“Royal Decree”)
As we acknowledged that on 27th May 2020, the Personal Data Protection Act B.E. 2562 (A.D. 2019) (“PDPA”) was due to become effective. However, because of the COVID-19 epidemic and the situation in Thailand many data controllers, both in private and public sectors, are not ready to comply with the rules, procedures and conditions as prescribed in PDPA. So, the Ministry of Digital Economy and Society proposed draft Royal Decree to postpone the enforcement in some provisions of PDPA for another 1 year in order to ensure that private sectors and public sectors will be able to comply with those provisions. The Royal Decree was announced and published in the Royal Thai Government Gazette on 21st May 2020 and is enforced since 27th May 2020 until 31st May 2021. This Royal Decree determines the provisions that are postponed and also types of entities and businesses whose data controllers are not subject to the enforcement of PDPA. Summarized are details of the Royal Decree as follows:
The Provisions which have been postponed
| Provision | Details of the provisions |
| Chapter 2 |
Personal Data Protection: 1. General Provision regarding Personal Data Protection; 2. Personal Data Collection; and 3. Use or Disclosure of Personal Data |
| Chapter 3 | Rights of the data subject |
| Chapter 5 |
Complaints: 1. The Committee to consider complaint under PDPA; 2. The duties andpower of the Committee; and 3. Complaint procedures |
| Chapter 6 | Civil Liability for noncompliance |
| Chapter 7 |
Penalties for noncompliance: 1. Criminal Liability; and 2. Administrative Liability |
| Section 95 |
For Personal Data that has previously been collected by a Data Controller before the effective date of PDPA, the Data Controller shall be entitled to continue to collect and use such Personal Data for the original purposes. However, the Data Controller shall prepare and publicize a consent withdrawal method to facilitate the datasubject, who does not wish the Data Controller to continue collecting and using his or her Personal Data, to notify his or her withdrawal of consent easily. The disclosure and other acts other than the collection and use of Personal Data under paragraph one, shall be in accordance with the provisions under PDPA. |
Types of Entities and Businesses whose Data Controllers
are not subject to Enforcement of PDPA
|
1. Government agencies; |
12. Tourism businesses; |
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2. Foreign government agencies and international organizations; |
13. Communication, telecommunication, computer and digital businesses; |
|
3. Foundations, Associations, and non-profit institutions; |
14. Financial, banking and insurance businesses; |
|
4. Agriculture businesses; |
15. Real estate businesses, |
|
5. Industrial businesses; |
16. Business relating to practicing profession; |
|
6. Commercial businesses; |
17. Administrative and support service businesses; |
|
7. Medical and public health businesses; |
18. Science and technology businesses, academic, social welfare and art businesses; |
|
8. Energy, steam power and hydropower businesses, including waste disposal businesses and related businesses; |
19. Education businesses; |
|
9. Construction businesses; |
20. Entertainment and amusement businesses; |
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10. Repair and maintenance businesses; |
21. Security businesses; |
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11. Transportation, delivery and cargo businesses; |
22. Household and community enterprise businesses which cannot be clearly specified |
In addition, if there is any doubt whether any entity or business is considered as the entity or business under this Royal Decree, the Personal Data Protection Committee will be the person who considers this matter.
In conclusion, the entities and businesses under this Royal Decree are not subject to the enforcement of PDPA from 27th May 2020 until 31st May 2021in specific provisions which are Chapter 2, 3, 5, 6, 7 and Section 95 as specified above.
Announcement of the Board of Investment No. Por. 4/2563 (2020)RE: Measure to Mitigate the Impact from Epidemic of Coronavirus 2019 (COVID-19)
On 12th May 2020, the Board of Investment (“BOI”) issuedthe Announcement of the Board of Investment No. Por. 4/2563 (2020) RE: Measure to Mitigate the Impact from Epidemic of Coronavirus 2019 (COVID-19) (“Announcement”) to support and help the promoted persons under the Investment Promotion Act B.E. 2520 (A.D. 1977) that may suffer from COVID-19 epidemic. The support measures under this Announcement can be summarized as follows:
- EXTENSION OF PERIOD FOR MACHINERY IMPORTATION AND FULL OPERATION STARTUP FOR THE PROJECT WHICH HAS BEEN PROMOTED ACCORDING THE MEASURE FOR IMPROVEMENT OF PRODUCTION EFFICIENCY
1.1 For the project which has the period for machinery importation and full operation startup is due between 1st January 2020 and 30th June 2020, such period can be extended for another 6 months from the due date. In this regard, the promoted person must submit form for extension of machinery importation and full operational startupperiod within August 2020. In addition, the promoted person will receive machinery import duty exemption only for the extended period which has been approved.
1.2 For the project which is not under 1.1, the machinery importation and full operation startup period can be extended if it is deemed appropriate. The promoted person must present an evidence to the BOI that the promoted person has been effected by COVID-19 epidemic.
However, for the project which has been approved to extend the period for full operation startup before in order to proceed the project according to the project’s indicator as approved, such project will not be qualified for the extension under this Announcement.
- EXTENSION OF PERIOD FOR FULL OPERATION STARTUP
In case the period for full operation startup of the project is due between 1st March 2020 and 30th June 2020, such period will be extended for another 6 months from the due date. The promoted person will still receive the same rights and benefits in regard to the right and benefit for foreign nationals who are skilled workers or experts, the exemption of corporate income tax, and extension of period for import duty exemption for raw or essential materials used in manufacturing export products.
- EXTENSION OF PERIOD FOR OBTAINING INTERNATIONAL STANDARD CERTIFICATION, SUCH AS ISO 9002, CMMI, OR ANY SIMILAR INTERNATIONAL STANDARD CERTIFICATION
If the period for the project to obtain international standard certification, such as ISO 9002, CMMI, or any similar international standard certification, is due between 1st March and 30th June 2020, such period will be extended for another 4 months from the due date.
- LENIENCY FOR THE REQUEST TO TEMPORARILY SUSPEND THE BUSINESS OPERATION FOR THE PERIOD MORE THAN 2 MONTHS
In case the promoted person suspends the operation of the business more than 2 months during 1st March 2020 to 30th June 2020, the promoted person can submit information regarding the suspension through e-services without the need to request an approval from the BOI and also during the suspension the promoted person does not have to report the BOI regarding the cessation of employment of the foreign skilled workers or expertswho have received visa/work permit. However, in case the expiry of visa/work permit for the foreign skilled workers or experts, the promoted person can request the extension of permitted period as per normal regulations.
Announcement of the Civil Aviation Authority of Thailand to Temporary Ban on All International Flights to Thailand until 30th June 2020
In order to maintain the continuity of the COVID-19 prevention and control measures, on 16th May 2020, the Civil Aviation Authority of Thailand (“CAAT”) decided to extend the measure to temporarily ban on all international flights to Thailand by issuing the following orders:
- The ban on international passenger flights to Thailand from1 June 2020 at 17.00 UTC to 30 June 2020 at 17.00 UTC;
- All flight permits granted for such period will be canceled;
- The ban of the International passenger flight does not apply to the following:
(1) State or military aircraft:
(2) Emergency landing:
(3) Technical landing without disembarkation:
(4) Humanitarian aid, medical and relief flights;
(5) Repatriation flights; and
(6) Cargo flights
4. The passengers on board the aircraft in 3. will be subjected to the measuresunder communicable disease law, such as 14 days state quarantine, and the regulationsunderthe Emergency Decree on State of Emergency.
However, this measure may be extended depending on the COVID-19 situation in Thailand which will be announced by CAAT. If there is any update on this measure, we will keep you updated.
Mr. Wichien Harnpraween
Managing Partner
Tel:+662 2592627 thru 9
Fax: +662 2592630