Herbert Smith Freehills (Thailand) Ltd
On 4 September 2023, the National Broadcasting and Telecommunications Commission (“NBTC“) Notification regarding Measures to Protect Rights of Telecom Service Users relating to Personal Data, Privacy Rights and Communication Freedom in Telecom B.E. 2566 (2023) (the “Notification“) was gazetted and came into force on the same day.
The Notification imposes data privacy requirements on licensed telecoms service operators in relation to their processing of personal data of telecoms service users. Most of the requirements under the Notification are in line with the Personal Data Protection Act of Thailand (“PDPA“) but there are some requirements which go beyond the Thai PDPA.
Telecoms operators are required to revisit certain areas of their data privacy practice to ensure compliance with the Notification.
The NBTC may issue an order to request telecoms operators to cease and/or rectify its non-compliant activities. If NBTC’s order is not followed, the NBTC may impose an administrative fine of at least Baht 20,000 per day. After that, if the breach persists, the NBTC may order the telecoms operator to suspend its operation or revoke its telecoms licenses.
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