You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

May 15, 2024

Thailand Issues Draft Cybersecurity Standards for Cloud Services

Subscribe to Updates

On May 1, 2024, Thailand’s National Cyber Security Committee (NCSC) published the draft NCSC Notification Re: Cloud Cybersecurity Standards for a public hearing period, which was open until May 14, 2024. These standards have been drafted to drive the country’s cloud-first policy with the aim of minimizing risks from cyber threats to cloud services utilized by government agencies, supervising or regulating organizations, and critical information infrastructure (CII) organizations.

The key points of the draft Cloud Cybersecurity Standards are below.

Scope

  • The standards apply to government agencies, supervising or regulating organizations, and CII organizations under the Cybersecurity Act B.E. 2562 (2019), as well as cloud service providers (defined below).
  • The standards prescribe cloud system cybersecurity measures for cloud service customers (defined below) and providers only to the extent that the service is provided to the in-scope organizations outlined above.

Definitions

  • Cloud service customers (CSCs): In-scope organizations that have a formal contractual agreement to use cloud services provided by a cloud service provider.
  • Cloud service providers (CSPs): Persons who enable cloud services to be used by a cloud service customer, responsible for maintaining infrastructure, platforms, and software that enable provision of the cloud services and for managing these resources to ensure their accessibility, security, and scalability for their cloud service customers.

Application

  • In-scope organizations that will use or have been using cloud services must comply with the Cloud Cybersecurity Standards by taking into account their data or technology information systems’ level of impact, as specified in the previously issued Notification of the NCSC Re: Standards for Defining the Security Category for Data and Information Systems B.E. 2566 (2023).
  • The impact level related to personal data is to be rated as being at least at the medium level, and the minimum standards for that level specified in the draft Cloud Cybersecurity Standards must be adopted.
  • In-scope organizations must report their implementation of the Cloud Cybersecurity Standards to the National Cyber Security Agency (NCSA) within 30 days of completing the implementation.
  • The draft Cloud Cybersecurity Standards will come into force one year from their publication in the Government Gazette.

Structure

The requirements in the Cloud Cybersecurity Standards are divided into two areas, (1) cloud security governance and (2) cloud infrastructure and operations:

Requirement Area 1: Cloud Security Governance

  • Information security policies
  • Organization of information security
  • External supplier relationships
  • Compliance

Requirement Area 2: Cloud Infrastructure Security and Operations  

  • Human resource security
  • Asset management
  • Access control
  • Cryptography
  • Physical and environmental security
  • Operational security
  • Communication security
  • System acquisition, development, and maintenance
  • External supplier relationships
  • Information security incident management

Impact Levels and Requirements

The stipulations of the Cloud Cybersecurity Standards vary depending on the data or information systems’ level of impact. The requirements for each level are summarized in the table below.

For more information on the draft Cloud Cybersecurity Standards, or on any aspect of cybersecurity and cloud-related laws in Thailand, please contact Athistha (Nop) Chitranukroh at [email protected] and Thammapas Chanpanich at [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

March 29, 2024
Vietnam’s Ministry of Public Security (MPS) is drafting two reports to present to the government in May 2024 to advocate for the development and adoption of a Law on Personal Data Protection. These reports include an assessment of the policy impact of the proposal to develop a personal data protection law, and an assessment of the current state of social relations related to personal data protection. Decree No. 13/2023/ND-CP on Personal Data Protection (PDPD), adopted in April 2023, became the first comprehensive legal instrument on data protection in Vietnam. When the National Assembly was debating its text and adoption in 2022 and 2023, questions were raised as to the status of this new regulation and the legality to adopt a decree before a law. In accordance with the public announcements made throughout the development of the PDPD assuring that a law would be developed at a later stage, the MPS is now advocating for the development of a Personal Data Protection Law and has drafted the two reports pursuant to the Law on the Promulgation of Legal Documents. The main arguments advanced by the MPS in the two reports are as follows: As the right to privacy is enshrined in the Constitution, any restrictions thereof must be made through a law and not a decree. The MPS is notably referring to the lawful basis for processing and limited exceptions to consent under the PDPD. This may be a sign that the MPS intends to widen the exceptions to consent under the new law. The definitions of “personal data” and “personal data protection” need to be harmonized to consolidate the regulatory framework. The MPS indicates that there are 69 legal documents directly related to “personal data protection” in Vietnam with more than 10 different definitions, while “personal information” appears in
Read More
March 28, 2024
Recently, Vietnam has witnessed a dramatic increase in cyber fraud, causing significant financial losses and posing a grave threat to both Vietnamese and foreign entities. With the increasing reliance on digital technology and the widespread adoption of online platforms, the country has become fertile ground for cybercriminals to exploit vulnerabilities and conduct various fraudulent activities. This article aims to present an overview of addressing cyber fraud in Vietnam and offers practical advice for businesses to safeguard themselves from becoming victims of such illicit activities.
Read More
March 27, 2024
Two notifications on the cross-border transfer of personal data, issued by Thailand’s Personal Data Protection Committee (PDPC), came into effect on March 24, 2024. These notifications, which we detailed in a previous update, set out the criteria governing the cross-border transfer of personal data offshore, specifically focusing on situations where appropriate personal data protection standards are in place. Of particular importance is the role of binding corporate rules (BCRs) in enabling the cross-border transfer of personal data among affiliated businesses or within the same group of undertakings. The implementation of BCRs requires a comprehensive review and approval process by the Office of the PDPC, strictly in accordance with the criteria set out in one of the two notifications. With the notifications now fully enforceable, the Office of the PDPC has begun accepting BCRs for review. Data controllers and data processors intending to adopt BCRs as a means for transferring data to offshore affiliates or group companies must initiate the BCR submission process promptly. Failure to comply with PDPA requirements concerning the cross-border transfer of personal data could result in substantial penalties. Organizations involved in cross-border personal data transfers should be proactive in complying with the prescribed criteria to avoid these regulatory penalties and maintain the data protection standards mandated by the PDPA. For more information on these cross-border personal data transfer regulations, or on any aspect of complying with Thailand’s data protection laws, please contact Nopparat Lalitkomon at [email protected], Gvavalin Mahakunkitchareon at [email protected], or Wilin Somya at [email protected].
Read More
March 27, 2024
The Bank of Thailand (BOT) has opened a public comment period on their consultation paper titled “Criteria for Supervising Virtual Banks” from March 19, 2024, to April 17, 2024. The consultation paper reveals that the BOT intends to apply traditional commercial bank supervisory standards to virtual banks. However, the BOT also explains that the wholly digital nature of the services offered by virtual banks necessitates additional regulatory supervision. Additional Supervisory Criteria for Virtual Banks Financial business group: If a virtual bank is within the same financial business group as other financial institutions, its parent company must structure the virtual bank to be under its own sole consolidated financial business group. After the virtual bank has undergone the “restricted phase” in its initial years of operation (see below), other financial institutions within the group are prohibited from extending credit to or engaging in transactions similar to lending activities with the virtual bank. Shareholding structure: If the increase in the financial institution system capital is higher than the actual capital injection resulting from the bank’s shareholding structure, the BOT aims to issue an additional regulation to supervise the capital of the virtual bank and financial institution system to prevent double counting. Operational risk: Virtual banks must not use a trademark or logo that bears resemblance to or implies association with other financial institutions or financial institution groups. Governance: Virtual banks must have at least one director and chief technology officer (CTO) with at least three years of experience in IT or digital service. Additionally, the CTO must work full-time for the virtual bank and may not be an employee of another legal entity. Restriction on related lending and related-party transactions: Virtual banks must obtain prior unanimous approval from their boards of directors before engaging in transactions with major shareholders or businesses
Read More