An organization’s ability to protect the personal data and privacy rights of its employees and customers is critical to maintaining trust, compliance with regulations, and safeguarding its reputation. The General Data Protection Regulation (GDPR) and the Personal Data Protection Act (PDPA) are independent data protection laws that impose strict rules on how personal data is stored, collected, and used.
With cybersecurity taking priority in our globalized economy, data privacy is in the spotlight more than ever before. As a result, organizations must make complying with data protection laws and privacy regulations a foremost concern. Hiring a data protection officer (DPO), for example, who is knowledgeable and experienced in implementing data privacy laws, can help your organization ensure compliance and create confidence among shareholders. Vinarco is well-versed in global data privacy laws, offering organizations the option to outsource their DPOs, perform PDPA gap assessment audits, and provide PDPA training. With Vinarco’s expert guidance and support, you can rest assured knowing that your organization’s personal data complies with regulations both in Thailand and abroad.
This article will focus on the differences between the GDPR and PDPA Thailand.
Overview of GDPR and PDPA
- GDPR (EU)
The GDPR is a data protection law enacted by the European Union in 2018 to protect the personal data of all EU residents. The regulation applies to all organizations operating in the EU, regardless of physical location. The GDPR operates on a much broader scope geographically, with stricter requirements and higher penalties for organizations found to be at fault. - PDPA in Thailand
The PDPA was established in Singapore in 2018, while Thailand’s Personal Data Protection Act B.E. 2652 is a newer regulation introduced to protect the personal data of its citizens. Effective from 2022, it serves as Thailand’s comprehensive personal data law, focusing on safeguarding individual privacy rights.
Key Differences
Both the GDPR and PDPA in Thailand protect the personal data of all living persons. The GDPR applies to all public and private entities, as well as all government and non-government organizations. In contrast, the PDPA in Thailand excludes those working to maintain state security from its scope. More specifically, those involved in the suppression and prevention of money laundering, national security, financial security, and cybersecurity are exempt from the PDPA in Thailand.
Definitions
‘Definitions’ refer to the specific terms and concepts that are outlined in each law. The ability of an organization to interpret how regulations are applied and enforced relies heavily on maintaining a clear understanding of these definitions.
Digital identifiers, such as IP addresses, cookies, and device IDs, are considered personal data by the GDPR, thus subject to protection. The PDPA in Thailand, on the other hand, does not explicitly mention digital identifiers, nor does it acknowledge pseudonymization. In regard to personal data, pseudonymization refers to when data is altered, replaced, or changed in a bid to conceal identity.
Data Subject Rights
Data subject rights refer to the rights given to individuals in accordance with data privacy laws. These rights include but are not limited to, the right to access, the right to object, and the right to erasure. The GDPR and PDPA in Thailand grant individuals several rights based on their own personal data but differ in their scope and timelines for requests.
For example, the GDPR has outlined clear and specific timelines for requests, typically within one month of the request being received. The PDPA in Thailand, however, does not address this. While organizations must ethically process each case in a timely fashion, it is not stipulated by the law.
Penalties
Penalties for non-compliance are similarly enforced by both the GDPR and PDPA in Thailand, with both regulations imposing heavy monetary sanctions. However, the fines are much higher for those found in violation of the GDPR. Depending on the severity of the violation, the GDPR enforces a maximum fine of 4% of global annual turnover or €20 million, whichever is higher. In contrast, organizations found to be in violation of PDPA in Thailand are subject to a fine not exceeding THB 5 million and possible imprisonment.
In short, violators of the GDPR are subject to considerably higher fines than those in breach of the PDPA in Thailand. The GDPR is also larger in scope—covering the entire EU and its residents.
Navigating PDPA Compliance with Vinarco
In today’s globalized economy, multinational organizations must make a consolidated effort to comply with the GDPR and the PDPA in Thailand. Organizations can build trust in customers and stakeholders by demonstrating a commitment to data privacy. It is essential to stay compliant with the most up-to-date regulations. At Vinarco, we offer a variety of services to meet all of your data privacy needs, making compliance a breeze.
- PDPA Gap Assessment and Audit:
Let us provide your organization with a comprehensive overview of your organization’s current PDPA status in Thailand and abroad. - Outsourced Data Protection Officer (DPO):
Eliminate the stress and challenge of data privacy compliance by outsourcing your DPO to Vinarco. - End-To-End Data Protection Solutions:
Vinarco offers a multifaceted approach to data privacy, including data mapping, policy design, proactive data regulation training, and more. - Firsthand Knowledge and Expertise:
Optimize your organization’s internal processes while ensuring PDPA compliance with Vinarco’s team of experts.
Vinarco’s Compliance Consulting Services
Multinational organizations must comply with both regulations when operations or staff operate in both jurisdictions, so understanding differences in the GDPR and PDPA is vital for compliance. As a leader in data privacy, Vinarco provides comprehensive support for PDPA adherence in Thailand and abroad. Our tailored approach covers eight essential aspects of data privacy, ranging from third-party disclosures to data access rights. Explore Vinarco’s services for seamless data compliance—contact Vinarco today!
