Anuwat Ngamprasertkul, PDPAiasadmin

PDPA enforcement update & implications for your business

Yesterday, on 21st August 2024, the Office of the Personal Data Protection Committee (the “PDPC”) and the Ministry of Digital Economy & Society announced a significant enforcement action. The Expert Committee on Technology & Related Issues (Committee 2) imposed a fine of up to THB 7,000,000 (Seven Million Thai Baht) on a major private company engaged in online trade.

The fine was levied due to the company’s failure to adequately protect personal data, leading to a breach that exposed sensitive information to call centre gangs.

The company had collected personal data from over 100,000 customers but did not appoint a Data Protection Officer, as mandated by Section 41 of the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”). From the PDPC’s investigation, the Company was found to have insufficient security measures in place to protect customer data as required by Section 31(1). They also failed to identify the breach and notify the affected customers and the PDPC of the breach in a timely manner, in violation of Section 37(4).

This is the first administrative fine to be issued under the PDPA. Such enforcement action reflects the PDPA’s alignment with the European Union’s General Data Protection Regulation (the “GDPR”).

Mr Prasert Jantarawongthong, Minister of Digital Economy & Society, emphasised that this decision underscores the importance of compliance with data breach reporting requirements and serves as a cautionary message to all organisations. A further release of the full directive is expected and should benefit other operators in implementing their own compliance practices. It will also provide a clearer picture of the PDPC’s enforcement approach.

For guidance on navigating the PDPA and ensuring the compliance of your organisation, please contact us. Our team of lawyers is here to help you implement effective data protection strategies and avoid regulatory pitfalls.

This article was researched and prepared by Ms Lavanya Dev-Kauffmann.

Anuwat Ngamprasertkul, National TViasadmin

MEDIA: what can freelance workers do to protect their rights and interests?

In 2023, from 39.22 million employed people in Thailand, as many as 52.19% or 20.46 million were self-employed. This was an increase from the previous year and the number of people freelancing is likely to continue to grow.

Yet, freelance workers often face difficulties such as slave contracts, delays in payment, unreasonable work modifications, or even not clearly stating remuneration due to the employer’s concerns. So, what do you need to know to protect yourself and protect your rights?

Join the discussion with IAS Advisory co-founding partner Mr Anuwat Ngamprasertkul in an episode of the popular evening TV programme Home Economy, hosted by veteran news anchor, reporter and journalist Dr Wit Sittivaekin.

This episode premiered on Wednesday 19th June 2024 on Thai PBS, Thailand’s public broadcasting service. Disclaimer: all content is owned by Thai PBS. Visit the Thai PBS website here: https://www.thaipbs.or.th/home

AFBE, Anuwat Ngamprasertkuliasadmin

Reminder about upcoming AFBE “Family Business Transition Series”

A reminder about the upcoming “Family Business Transition Series” of six training workshops in Bangkok, which is being organised by the Association of Family Business Entrepreneurs (AFBE).

The workshops will take place in September and October and cover the family charter, family wealth management, family holding companies/restructuring, accounting and tax, M&A for stability, and wills. IAS Advisory co-founder Mr Anuwat Ngamprasertkul will be leading the series’ closing educational seminar on wills.

The training workshops will take place at hotel venues in the Sukhumvit area of Bangkok and run from 09:00-16:00. Registration starts at 08:00.

More information about the AFBE, including membership options and registration for events, is available on its website HERE.

Register now for all six training workshops to receive special AFBE privileges! Those interested in attending can register directly using the AFBE’s Google Forms service HERE.

Anuwat Ngamprasertkul, National TViasadmin

MEDIA: how to avoid conflict in family-owned businesses

Running a successful family business requires understanding each family member’s needs and concerns; also, collaborating constructively in terms of legal compliance, business possibilities, and family conflict management.

So, how do you work through tensions and keep relationships intact for the long term? How do you resolve family-related conflict and work as a team to ensure fairness and preserve wealth for inheritance? How can you safeguard your estate to avoid family disputes?

Join the discussion with IAS Advisory co-founding partner Mr Anuwat Ngamprasertkul in an episode of the popular evening TV programme Home Economy, hosted by veteran news anchor, reporter and journalist Dr Wit Sittivaekin.

This episode premiered on Monday 10th June 2024 on Thai PBS, Thailand’s public broadcasting service. Disclaimer: all content is owned by Thai PBS. Visit the Thai PBS website here: https://www.thaipbs.or.th/home

Anuwat Ngamprasertkul, THAC, Thailand ADR Week 2024iasadmin

IAS Advisory co-host for prestigious “Thailand ADR Week 2024”

As a sponsor of the Thailand Arbitration Center (THAC), IAS Advisory proudly invites all in-house legal counsels, legal advisors, and others to join “Thailand Alternative Dispute Resolution (ADR) Week 2024,” from 18th-20th September 2024.

This year’s event, “Emerging Trends in ADR,” takes place over three days at the Anantara Siam Bangkok Hotel, with sessions focused on the future of dispute resolution through international and regional developments.

Guest speakers include Police Colonel Mr Tawee Sodsong from Thailand’s Ministry of Justice and Prof Dr Mohamed S Abdel Wahab, founding partner and head of international arbitration, construction, and energy at Zulficar & Partners Law Firm (Egypt).

IAS Advisory is honoured to co-host, together with THAC and Watson Farley & Williams, the session “The ASEAN Way: Implications for Disputes along the OBOR (One Belt, One Road)” on Day 2.

Seats are limited, so book now! The early bird registration fee for “Thailand ADR Week 2024” is THB 4,900 until 31st July 2024, after which the cost of registration will increase to THB 6,700. For more information, visit: https://thac.or.th/thailand-adr-week-2024/

Reserve your place here: https://event-booking.thac.or.th/en/event/adrweek2024/s1

Anuwat Ngamprasertkul, National TViasadmin

MEDIA: how can landlords defend against claims for adverse possession?

Under what circumstances can non-owning third parties claim valid title to a landlord’s property? What should a landlord do in the event of a potential adverse possession claim? What countermeasures are available and what are the do’s and don’ts for landlords for avoiding and dealing with this issue?

Join the discussion with IAS Advisory co-founding partner Mr Anuwat Ngamprasertkul in an episode of the popular evening TV programme Home Economy, hosted by veteran news anchor, reporter and journalist Dr Wit Sittivaekin.

This episode premiered on Thursday 6th June 2024 on Thai PBS, Thailand’s public broadcasting service. Disclaimer: all content is owned by Thai PBS. Visit the Thai PBS website here: https://www.thaipbs.or.th/home

 

Anuwat Ngamprasertkul, Family Businessiasadmin

Anuwat lectures on course organised by Udon Thani Provincial Industrial Council

IAS Advisory co-founder Mr Anuwat Ngamprasertkul was recently invited to give a lecture on “Family, Business and the Law” on a course organised by Udon Thani Provincial Industrial Council in northeast Thailand.

The course, Young Industrialists Udon Thani Province, Class 3 (Young FTI Udon Thani #3), is running over a period of several weeks from 18th May to 3rd August, and is aimed at budding entrepreneurs and business owners, heirs and those gaining experience in business administration.

Anuwat’s lecture, on Saturday 8th June, focused on laws and regulations governing family and business and on relevant precedent cases; also, on the causes of family conflict, preventing problems, and taking action to resolve related legal issues.

Anuwat’s session was preceded in the morning by a lecture on “Creating sustainable cooperation between the public and private sectors” by Mr Natthaphong Khamwongpin, Deputy Governor of Udon Thani Province, and was followed by a lecture on “Business management planning strategies to mitigate taxation” by Ms Wannipa Phiphobsayasit, Director of the Economic & Investment Center, Region 3 (Khon Kaen).

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Anuwat Ngamprasertkul, National Awardsiasadmin

Anuwat named “Litigation Star” in Thailand for Commercial & Transactions

Congratulations to co-founding partner Mr Anuwat Ngamprasertkul on his inclusion in the latest edition of Benchmark Litigation, a well-known industry guide to the world’s best litigation firms and lawyers.

Anuwat has been highlighted as a Litigation Star in Thailand for his specialist expertise in Commercial and Transactions.

Benchmark Litigation uses various research methods to analyse and rank legal practitioners, including case evidence (analysing law firm case highlights), client feedback (taking in the views of in-house counsel), and peer review (based on feedback received from law firm partners).

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Anuwat Ngamprasertkul, National TViasadmin

Anuwat makes further appearances on national TV in Thailand

Stay tuned for more appearances by IAS Advisory co-founding partner Mr Anuwat Ngamprasertkul on Thai national television later this month.

Anuwat recently filmed episodes of the popular news and current affairs programme Home Economy, hosted by veteran news anchor, reporter and journalist Dr Wit Sittivaekin.

Anuwat appears in his role as a senior legal consultant to discuss topics including:

“Adverse possession,” a legal doctrine under which a person in possession of someone else’s land is able to acquire valid title to it. Anuwat covers the do’s and don’ts for landlords for avoiding and dealing with this issue;

“Freelancing,” with Anuwat identifying the legal implications of freelance work and how to stay protected under the law; and

“Family business management,” with Anuwat offering guidance on how to protect one’s business and estate for the next generation and also avoid family disputes.

All episodes will be broadcast on Thai PBS, Thailand’s public broadcasting service.

Watch this space!

Anuwat Ngamprasertkul, Asia Business Law Journal, Ittinant Suwanjuthaiasadmin

Asia Business Law Journal names the country’s top law firms

IAS Advisory was delighted to be named recently among Thailand’s top law firms by Asia Business Law Journal (ABLJ). ABLJ offers expert analysis and resources for Asia-focused in-house counsel and lawyers in private practice, providing unique insight into Asia’s legal landscape and informed commentary on the region’s top achievers.

After winning the New Firm to Watch and Data Compliance & Cyber Security awards last year, IAS Advisory was among the winners in this year’s Real Estate and Litigation categories, overseen respectively by firm co-founders Mr Ittinant Suwanjutha and Mr Anuwat Ngamprasertkul.

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