Data Privacy & Cybersecurity

At Formichella & Sritawat, we specialize in providing expert legal counsel on data privacy and cybersecurity in Thailand and beyond. As businesses increasingly rely on digital infrastructure, safeguarding sensitive data and ensuring compliance with evolving regulations are critical to success. Our experienced attorneys deliver tailored solutions to protect your organization from cyber threats and navigate complex data privacy laws, including international frameworks like GDPR and HIPAA. Whether you’re a multinational corporation, a tech startup, or a local business, we help you stay compliant and secure in a rapidly changing digital landscape. Contact us at [email protected] for trusted legal guidance.
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What is Data Privacy

Data privacy, also referred to as information privacy, involves the protection of personal and sensitive data from unauthorized access, use, or disclosure. It encompasses the rights and obligations of individuals and organizations concerning the collection, storage, processing, and sharing of personal information, such as names, addresses, financial details, or health records. In today’s digital age, data privacy is governed by a complex web of local and international regulations designed to ensure transparency, consent, and security in data handling.
In Thailand, the Personal Data Protection Act (PDPA), effective since June 2022, sets strict standards for data protection, aligning with global frameworks like the EU’s General Data Protection Regulation (GDPR). The PDPA applies to businesses handling personal data, requiring robust measures to safeguard information and comply with consent and breach notification rules. Internationally, regulations like GDPR (European Union), HIPAA (U.S. health data protection), and others impose additional compliance requirements for organizations operating across borders. Non-compliance can result in significant fines, reputational damage, and legal liabilities.
At Formichella & Sritawat, we provide comprehensive guidance on data privacy compliance, helping clients understand their obligations under Thai and international laws. From drafting privacy policies to managing cross-border data transfers, our team ensures your business meets global standards while mitigating risks.

Our Data Privacy & Cybersecurity Services

Our firm offers a full spectrum of legal services to address data privacy and cybersecurity challenges, tailored to your business needs. Key services include:
  • Data Privacy Compliance: We assist with compliance under Thailand’s PDPA and international regulations, including GDPR, HIPAA, CCPA (California Consumer Privacy Act), and other global frameworks. Our team helps you implement data protection policies, conduct audits, and manage consent mechanisms to meet regulatory requirements.
  • Cybersecurity Risk Management: We advise on proactive measures to prevent data breaches, including risk assessments, security protocol development, and employee training to strengthen your cybersecurity framework.
  • Data Breach Response: In the event of a data breach, we provide swift legal support to manage notifications, mitigate damages, and comply with reporting obligations under Thai and international laws.
  • International Data Privacy Expertise: For businesses operating globally, we offer specialized advice on cross-border data transfers, ensuring compliance with GDPR, HIPAA, and other international standards. We navigate complex jurisdictional requirements to protect your data worldwide.
  • Contract Drafting & Review: We draft and review data-sharing agreements, vendor contracts, and privacy policies to ensure compliance with local and global regulations.
  • Regulatory Liaison: Our attorneys represent clients in dealings with Thailand’s Personal Data Protection Committee and international regulatory bodies, ensuring smooth compliance and dispute resolution.

Why Choose Formichella & Sritawat for Data Privacy & Cybersecurity?

  • Expertise in Thai & International Law: Our attorneys are well-versed in Thailand’s PDPA and global frameworks like GDPR, HIPAA, and CCPA, offering holistic solutions for local and multinational clients.
  • Tailored Solutions: We provide customized strategies to address your unique data privacy and cybersecurity needs, whether you’re a startup, SME, or global enterprise.
  • Proactive Approach: We focus on prevention, helping you implement robust systems to avoid costly breaches and regulatory penalties.
  • Global Perspective: With experience in international data privacy issues, we guide clients through cross-border compliance, ensuring seamless operations in multiple jurisdictions.
  • Client-Centric Service: Our team prioritizes clear communication and practical advice, delivering results that protect your business and reputation.

Examples of our work in this field include:

  • Advised NYSE, S&P 100 NYSE 100 Component financial services corporation on Thai sensitive data law with regard to biometric security applications to credit card transactions.
  • Advised NASDAQ 100 Component company on Thai cyber security law with regard to data centers and legal means to achieve exemptions to certain applications of law.
  • Drafted comprehensive comparison of Thai PDPA v. GDPR for Onetrust Data guidance.
  • Advised global industrial company based in Europe, listed on the SIX and Euronext, on implementing internal policies at industrial plants in Indonesia, Malaysia, Philippines, Vietnam, Thailand, Bangladesh, and Sri Lanka regarding compliance with EU Directives on data protection. Advice had to be tailored to each individual South and Southeast Asian nation mentioned.
  • Advised a multi-national conglomerate end-user, listed on the SIX and Euronext, on its agreements with a major search engine service provider regarding its obligations under EU Directives and Safe Harbor Rules in controlling data and data privacy terms as established by said search engine service provider.
  • Provided advice to a multinational law firm based in London to advise on Thai regulations governing healthcare companies in utilizing cloud services, especially with respect to patient data.
  • Advised online gaming company, listed on the Hang Seng, regarding Thai law addressing data retention, OTT applications, cross-border data transfer, consent, and privacy policy.
  • Advised online gaming company, listed on the Hang Seng, on regulatory compliance to collect, process, store, and transfer data for underage users.
  • Advised fintech receivables and treasury software SaaS leveraging AI-based systems specifically on Thai law regarding financial services and data protection law in connection with an integrated receivables platform. The client’s customers are mostly banks with operations in Thailand. We were tasked to advise the client regarding Thai law compliance to data protection, data collection, international transfer of data, and data security.
  • Provided multinational law firm based in New York City with a comprehensive review of Thailand data protection law and pending legislation. Further, we reviewed and advised on a data privacy policy of a multi-national financial institution as part of our instructions.
  • Advised a NASDAQ 100 Component multinational technology company on Thai law governing geo-hosting. Issues covered included global criminal compliance such as encryption, access, non-legal processes, blocking statutes, as well as media/content regulations and liability, data privacy, data security, telecoms, and data location requirements.
  • Advised an Internet-based insurance broker (operating throughout the Asia-Pacific) regarding legal and data privacy notifications posted on its online platforms given end users are inputting personal data on such platforms.
  • Advised a multi-national law firm on various laws regarding data encryption, blocking statutes, content regulation, data privacy, data security, and data location requirements for multi-national data center services provider.
  • Advised a multi-national law firm on Thai privacy laws for an online whistleblowing website that allows for anonymous disclosures of corporate wrongdoing. Advice included provisions of Thailand’s Computer Crimes Act.
 

Protect Your Business Today

In an era of increasing cyber threats and stringent data privacy laws, partnering with a trusted legal team is essential. Formichella & Sritawat combines deep knowledge of Thai and international regulations with practical solutions to safeguard your data and ensure compliance. From PDPA adherence to GDPR and HIPAA compliance, we empower your business to thrive securely in the digital world.
Contact us today at [email protected] to schedule a consultation and strengthen your data privacy and cybersecurity strategy.