H&P law firm in Bangkok have prepared this article to share the most relevant legal updates in Thailand for August 2023. Our lawyers in Bangkok cover the amendments in the PDPA, new regulation for hotels, the promotion of ethanol and bio plastics and other topics. This article is just a summary; therefore, we recommend to contact a legal professional to obtain more details and further information.
NEW REGULATION FOR HOTELS IN THAILAND
The Tourism Council of Thailand announced the most recent update to the 2008 Ministerial regulations concerning hotel business classification that will allow approximately 50,000 operators, providing over 2 million rooms, to officially register as small hotels.
This change will boost Thailand’s capability to accommodate tourists and generate additional job opportunities. The Tourism Council of Thailand made this announcement on Monday.
It is estimated that around 85,000 businesses are eligible to normalize their situation as small hotels in Thailand, 1400 had managed to register under the 2008 regulations. The recent amendment, approved by the Cabinet in March, broadens the criteria for small hotels to include establishments with less than 8 rooms or a combined guest capacity of 30.
The updated regulations are awaiting publication in the Royal Gazette. Once it is in effect, 50,000 businesses will be registered as small hotels, offering a combined total of 2 million rooms, potentially generating 500,000 jobs in the tourism industry.
Furthermore, the amended and new laws will assist small hotels in adhering to safety standards and installing necessary facilities, enhancing visitors’ trust in their accommodations. Registered small hotels will also gain improved access to loans from financial institutes for facility expansion. Aspiring operators can seek assistance in the registration process from the Office of Small and Medium Enterprise Promotion (OSMEP), which provides guidance on legal compliance, safety standards, and loan applications.
PROMOTION OF ETHANOL AND BIO PLASTICS
The Thai Cabinet has approved of the promotion of ethanol to produce bioplastics, the purpose is to create and develop more eco-friendly materials. As a result, the decision on ethanol bioplastic manufacturing industry with tax exemptions for biothylene, which is a key precursor in bioplastic pellet production is being supported.
The current legislation provided that domestically produced ethanol shall specifically be applied for fuel or liquor production. As of now, ethanol is mixed benzene which creates gasohol.
Nevertheless, as electric vehicles are becoming popular and the petrol consumption decreases, distributing ethanol for industrial purposes, such as bioplastic production, give support to global environmental protection goals and the government’s bio-, circular, and green economic model.
ELECTRONIC PERFORMANCE OF ADMINISTRATIVE FUNCTIONS
Technology is dynamic and in constant change which causes a rapid growth of communication. Since the Electronic Transaction Act B.E. (2001) has been enacted, it provides the legal effects of electronic and commercial electronic transactions conducted electronically, as well as electronic transaction of public sector.
The Cabinet of Thailand has approved the draft act on Electronic Performance of Administrative Function.
As a result, this Draft Act could lead Thailand towards a big step into the digital government.
The Draft Act shall ensure the certainty of applications or communications from a private sector to of public sector via electronic method.
ANNOUNCEMENT OF PERSONAL DATA PROTECTION IN THAILAND
The Personal Data Protection Officer plays a major role in the personal data controller, and the Personal Data Processor operates in accordance with the law on Personal Data Protection. Therefore, in their roles as the government agency, they must protect the citizen’s personal information. The Personal Data Protection Committee therefore announced the following updates.
The first important factor is the announcement of the Personal Data Protection Committee on Personal Data Controllers and Personal Data Processors that are Government Agencies which must provide staff the Protection of Personal Data B.E. 2562.
The second factor is that this notification shall come into force after ninety days from the date of
its publication in the Government Gazette.
The third factor is the purpose of the benefit of Personal Data Protection to the Controller of Personal Data and government owned Personal Data Processors as specified in the list annexed to this announcement, to have their own Personal Data Protection Officers from the effective date of this announcement.
The fourth factor, the Personal Data Controller or the Personal Data Processor who is a government agency must certify with the office of Personal Data Protection commission that such duties or missions must not be contrary to or inconsistent with the performance of duties in accordance with the law on Personal Data Protection.
The fifth factor is that the President of the Personal Data Protection Committee shall oversee this announcement
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