On March 18, 2024, the president of the Supreme Court of Thailand announced the establishment of a specialized Technology Crime Division within the Criminal Court of Thailand. This represents a significant commitment to cybercrime within the Thai judiciary and a step forward in Thailand’s ability to investigate cybercrime. The rise in cybercrime investigations in recent years has made it increasingly difficult for Thailand’s traditional criminal courts to consider and issue enforcement orders in support of ongoing investigations in a timely manner. The new Technology Crime Division addresses this challenge. This new division has jurisdiction over cybercrime and technology-related crime, fraud or extortion using computers, and criminal offenses relating to personal data protection laws. In addition, this new division has jurisdiction over all requests from competent law enforcement officers seeking court orders under the Computer Crimes Act B.E. 2550, the Personal Data Protection Act B.E. 2562, and the Cybersecurity Act B.E. 2562. The Technology Crime Division will have trainees and judges with expertise in technology and cybercrime—not only to facilitate expert prosecution of cybercrime but also to offer critical and time-sensitive support to law enforcement investigations of alleged cybercrime. The Technology Crime Division is not yet operational. The president of the Supreme Court is expected to announce the division’s opening date in the coming months. For more details on Thailand’s measures for dealing with cybercrime, please contact Michael Ramirez at [email protected] or Piyawat Vitooraporn at [email protected].

Thailand’s Cybersecurity Regulating Committee (CRC) released a notification under the Cybersecurity Act on February 22, 2024, setting key operational obligations for critical information infrastructure (CII) organizations. The notification takes effect on June 20, 2024. CII organizations are state or private entities that carry out services related to national security, public services, banking and finance, information technology and telecommunications, transportation and logistics, energy and public utilities, or public health. CII organizations will be identified by the National Cyber Security Committee (NCSC) and notified of their status. The key obligations of CII organizations are laid out below. Reporting to the National Cyber Security Agency (NCSA) CII organizations must provide the following to the NCSA: A list of executive and operational staff, along with emergency contacts who can be reached within 60 minutes in the event of a cyber threat. The NCSA must be notified of any updates to this list within 15 days following any changes. A list of internal departments or individuals who are the responsible persons, owners, and holders of the computer systems, along with emergency contacts who can be reached within 60 minutes in the event of a cyber threat. The NCSA must be notified of any updates to this list at least 7 days prior to any changes (or within 15 days after the change if there is a necessary reason). Policies, Guidelines, and Procedures As specified in the National Cyber Security Committee (NCSC) guidelines, CII organizations must prepare the following internal documents by June 20, 2025: Cybersecurity practice guidelines, consisting of an inspection plan, risk assessment, and incident response plan. Cybersecurity standards framework, consisting of measures for risk identification, risk prevention, threat detection and monitoring, incident responses, and resilience and recovery. CII organizations must also prepare the following: Mechanisms, procedures, and steps for monitoring and detecting

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

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.