Legal Section - Doing Business
You will find here a series of summaries providing an overview of useful legal regulations, processes and legal issues for Doing Business in Thailand.
Record of Processing Activities: A crucial document for personal data protection management
The Board of Investment (“BoI”) issued announcements on 1 and 4 November 2024 stating that it had made amendments to the conditions which allow majority-foreign-owned legal entities which have paid-up capital of at least THB 50 million to own land.
Record of Processing Activities: A crucial document for personal data protection management
The Record of Processing Activities (“RoPA”) is a document that both data controllers and data processors are required to maintain in compliance with Thailand’s Personal Data Protection Act, 2565 B.E. (“the PDPA”), specifically Section 39. The RoPA is created to document personal data processing activities within a company, showing clearly how each type of personal data is used, by whom, in which processes, for how long, and with whom it is shared or transferred. The activities recorded should include the collection and usage of data by each department, as well as the legal basis for such.
New guidelines for approval, renewal and placement of individuals in BOI-related positions
In August 2024, the Board of Investment (BOI) issued announcement No. Por. 3/2567 on the criteria for consideration of approval, placement, and extension of positions and individuals. This announcement, effective from 1 October 2024, sets out new guidelines and criteria for approving and renewing positions, and for placing expatriate employees in certain positions in BOI companies.
Ministry of Commerce updates registration requirements for e-commerce businesses
On 15 May 2024, the Ministry of Commerce issued a notification outlining the businesses that commercial operators must register and those exempt from the Commercial Registration Act, effective 5 June 2024.
How is the PDPA applied in Thailand?
The Personal Data Protection Act (PDPA) in Thailand was announced as law on 27 May 2019. The enforcement of this law was postponed for three years to give businesses handling personal data time to prepare and manage the data in accordance with the law. The PDPA came into effect on 1 June 2022.