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Sun Legal Update: Foreign Land Ownership Nixed

Sun Legal Sunbelt Update

After enormous nationalist pressure, the Cabinet withdrew the proposed bill by the Interior Ministry allowing foreigners on Long Term Visas the ability to purchase one rai of land after a 40-million-baht investment.

The government said it will further investigate options after gathering public opinion. One option could be to extend the investment period from the proposed three years to five and restricting foreigners from purchasing adjacent plots to avoid land grabs.

E-commerce driving digital economy

E-commerce is driving Thailand’s digital economy, which is projected to grow 17% year-on-year and reach 1.3 trillion baht this year.

The e-Conomy SEA Report predicts that e-commerce will grow 8% year-on-year and reach USD$22 billion this year and $32 billion in 2025.

The digital economy overall is expected to reach $53 billion in 2025 and is predicted to double to between $100 billion and $165 billion by 2030.

Further PDPA guidelines issued

Further PDPA guidelines were released regarding the granting of consent for the collection of data.

Explicit consent can be given in written form or electronic means, filling out forms via electronic systems, sending email, or using an e-signature which can identify the data subjects and their intent. Additional consent requirements, such as age verification and easy-to-understand languages or methods, are required for minors or those deemed quasi-incompetent or incompetent. For those under the age of 10 years old, parental consent is required.

Data controllers request consent from the data subjects for the collecting of the personal data so long as:

  • Consent is requested prior to or at the time of collection
  • Objectives are given prior to consent
  • The request states a specific purpose
  • The consent request must be separated clearly and easy to understand
  • Consent must be given freely
  • Consent must not be given conditionally ie data subjects cannot be forced to enter into the agreements or any services

A further notification is currently being drafted that lays out the guidelines for the transfer of data internationally to affiliated businesses or undertakings.

Such data may be transferred so long as both the transferor and transferee adhere to the Binding Corporate Rules for operating or undertaking business together. These rules must be in accordance with Thailand’s Personal Data protection law as well as contain clauses that recognize the rights of the data subject over the transferred Personal Data under the PDPA and finally, the rules must have data protection measures in place that meet the technological standards set by the Personal Data Protection Committee .

Need to learn more about the new regulations and how they affect your business? Sun Legal can assist you in compliance with the PDA laws in Thailand. Contact using the form below.

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