Thailand recently made history by becoming the first country in Southeast Asia to legalize same-sex marriage. This landmark decision recognizes the equality and dignity of all people, regardless of their sexual orientation or gender identity. It also opens up new opportunities for couples who wish to start or grow their families through adoption. One of the benefits of adopting a child in Thailand is that the law does not discriminate based on the gender or sexual orientation of the adoptive parents. As long as the married couple meets the age and legal requirements, they can adopt a child and become their loving and supportive family. This means that same-sex couples who are married can also enjoy the same rights and responsibilities as any other adoptive parents and provide a caring and nurturing environment for their adopted child. One of the main reasons why same-sex couples can adopt a child in Thailand without any discrimination or prejudice is the strong and comprehensive privacy law that protects the personal data of individuals and families. Thailand’s Personal Data Protection Act (PDPA) ensures that the personal data of people, especially children, is collected, used, and disclosed only for legitimate and lawful purposes, and with respect to their rights and dignity. The PDPA also grants the right of consent and other data subject rights to the legal representatives of children, such as their parents or guardians, regardless of their gender or sexual orientation. This means that same-sex adoptive parents can decide how their adopted children’s personal data is processed and can also protect their children’s privacy and interests from any unauthorized or harmful access. The PDPA also safeguards the personal data of same-sex adoptive parents from any unlawful or discriminatory processing that may damage their reputation or violate their rights. In these ways, the

On June 4, Thailand’s Ministry of Commerce (MOC) issued a new notification on e-commerce business registration pursuant to the Commercial Registration Act B.E. 2499 (1956) (CRA), replacing a similar notification from 2010. The new notification (officially titled “Notification Re: Business Regulations that Commercial Operators Must Register and Businesses that Are Not Subject to the Commercial Registration Act, B.E. 2549 B.E. 2567”) took effect on June 5, 2024. While the previous notification required all individuals and legal entities engaged in regulated activities, such as selling goods or services online, to register their businesses with the local district office, the new notification effectively lifts this requirement for certain legal entities. The new notification clearly states that the CRA does not apply to regulated activities conducted by: Private limited companies, registered ordinary partnerships, and limited partnerships (i.e., legal entities under the Civil and Commercial Code); and Public limited companies (i.e., legal entities under the Public Limited Companies Act). Now that the new notification is in effect, limited companies and other specified legal entities are no longer required to register their e-commerce activities and obtain an e-commerce certificate from the MOC. E-commerce certificates previously issued to these legal entities are also voided by the new notification. Nevertheless, the requirement to register for direct marketing and obtain a direct marketing certificate under the Direct Sales and Direct Marketing Act B.E. 2545 (2002) remains in effect for any online sales or e-marketplace platforms administered by legal entities. Given the recent proactive enforcement of penalties for noncompliance with direct marketing registration requirements, we strongly advise business operators to assess whether their operations fall within the scope of direct marketing regulations and require a direct marketing certificate. For more information on e-commerce and direct marketing registration in Thailand, please contact Athistha (Nop) Chitranukroh at [email protected], Nopparat Lalitkomon

Vietnam’s financial landscape is set to further transform on July 1, 2024, when the government’s long-awaited Decree No. 52/2024/ND-CP dated May 15, 2024 (“Decree 52”), will officially replace Decree No. 101/2012/ND-CP dated November 22, 2012, on non-cash payments (“Decree 101”). Decree 52 marks an important milestone by introducing the country’s first-ever legal definition of e-money. In addition, the decree brings forth new updates to regulations governing payment and intermediary payment services, laying the groundwork for more comprehensive guidance that will be provided in draft circulars now being developed by the State Bank of Vietnam (SBV). Non-Cash Payment Instruments The new definition of non-cash payment instruments under Decree 52 expands upon the previous definition in Decree 101. Notably, it clearly specifies the issuing entities as payment service providers, financial companies licensed to issue credit cards, and e-wallet service providers. Additionally, the new definition further clarifies that bank cards include debit, credit, and prepaid cards, and adds e-wallets to the list of non-cash payment instruments. Unlawful non-cash payment instruments are still defined as those that are not otherwise specified. E-Money Prior to Decree 52, the concept of e-money lacked a precise legal definition, despite its growing prevalence in forms like prepaid cards and e-wallets. The absence of a clear framework for e-money led to confusion with terms like “cryptpcurrency” and “virtual currency” and left significant ambiguity on whether e-money includes certain instruments, such as online game cards and mobile money. Decree 52 addresses this issue by clearly defining e-money as value in Vietnamese dong (VND) stored electronically and prepaid by customers to banks, foreign bank branches, and e-wallet service providers. It also specifically designates e-wallets and prepaid cards as types of storage mechanisms for e-money. Non-Cash Payment Services Decree 52 categorizes non-cash payment services into services with and without client payment