Problems of Implementing the Data Privacy Protection Act, B.E. 2562 (2019): Challenge for SMEs in Digital Era

Abstract

As a matter fact that the digital technology implemented by SMEs sector may cause adversely effect to individuals. As a result, the Data Privacy Protection Act, B.E. 2562 (2019) was enacted in order to prevent the privacy right of personal data subject from being violated or damaged as well as to protect public interest in term of mutual economic context that would be impacted from the personal data infringement. Nevertheless, the legal enforcement of the mentioned Act may be challenge for SMEs to apply with the condition of this law as the infringement leads to civil indemnity and administrative damages also. As a consequence, this article mentioned some section of the Data Privacy Protection Act, B.E. 2562 (2019) to be analyzed and compared with the law enforced in the United States of America to propose suggestion for SMEs to comply with the said law. A research found that SMEs should adjust the management of personal data of customer by the designation of a person who takes responsibility for data control. Furthermore, the protective measure and proper remedy as well as comprehension enhancement for staff are the essential factors to comply with data privacy protection efficiently.