Impacts from the COVID-19 pandemic have led some manufacturers to reduce costs by changing production methods, designs, or machinery, or reducing the number of employees on payroll. While these strategies may reduce costs and help their business survive, they may also result to lower quality goods. In the worst case, however, these poor quality goods may cancel out or even outweigh a manufacturer’s cost savings if the products are deemed to be unsafe for consumers under Thailand’s Product Liability Act (officially the Liability for Damages Arising from Unsafe Products Act). The Product Liability Act has been in force for 14 years. However, there have been few landmark Supreme Court decisions related to it as most cases are settled before the final judgment. Consequently, most business owners have limited knowledge of the precedent cases and are unsure about what actions they can take to manage and mitigate the risk of being found liable for claims of damages due to an unsafe product. The Product Liability Act identifies several types of entrepreneurs and business operators (individuals and entities) as “potentially liable parties” (PLPs) who may be penalized under the law: Manufacturers or hirers Importers Sellers of goods for which the manufacturer, hirer, or importer cannot be identified; Any other party who uses the name, trade name, trademark, or statements of the alleged unsafe products, or acts in a manner that causes them to be seen as a manufacturer, hirer, or importer The Product Liability Act defines a “product” as any kind of movable property that has been manufactured or imported for sale—including agricultural products and electricity, but excluding those ruled out by ministerial regulations. Therefore, real estate and services are excluded from the Product Liability Act. However, real estate buyers are protected by the Civil and Commercial Code, and by the

In keeping with the government’s strong focus on consumer protection in recent years, Cambodia’s consumer protection authority issued a notice on consumer product labeling on September 23, 2022. The notice from the General Department of Consumer Protection, Competition, and Fraud Repression (CCF) provides clarifications on labeling rules for general consumer products, goods, and services. The most significant clarification is that both locally produced and imported products, goods, and services must have a Khmer-language label or attach a product description in Khmer language. Imports may use a sticker with Khmer language as long as the minimum labeling requirements are met. The notice announces a transition period for companies to amend their labeling, allowing them to make changes to the labeling until December 31, 2022. According to the notice, the CCF will investigate and take enforcement measures starting January 1, 2023. This likely signals a major increase in enforcement efforts throughout 2023. Labeling Rules The CCF notice gives instructions on product labeling rules. In Cambodia, “product” refers to general products, goods, and services on the Cambodian market. Product-specific labeling regulations (e.g., for food products) overrule the requirements for these general products. The CCF notice provides the following instructions: All products on the market must have a label, or attach a product description, using Khmer language. Imported products that do not have a Khmer-language label printed on the packaging should provide a product description in Khmer. Companies can attach the necessary information or apply a sticker to the product. Trademarks on the products may use a foreign language but must be in line with the relevant local trademark registration. Foreign-language or different labeling is only permitted if authorized by the regulator, or by regulations that apply to a specific type of product. The label or product description must use an appropriate font

The Bank of Thailand (BOT) and the Fiscal Policy Office have drafted a royal decree that will regulate the hire purchase and leasing of cars and motorcycles under the Financial Institution Business Act B.E. 2551 (2008). This draft royal decree, which comes at a time when the level of household debt is surging in Thailand, aims to address the rise in outstanding debts related to hire purchase and leasing of cars and motorcycles. In recent years, there has been growing concern about such financing for cars and motorcycles, as these arrangements conducted by non-banks are currently unregulated and have sparked many public complaints relating to fees and practices. Scope of Regulated Businesses By virtue of the draft royal decree, businesses carrying out hire purchase and leasing of cars and motorcycles will become regulated businesses under the Financial Institution Business Act B.E. 2551 (2008). The draft royal decree defines “hire purchase” and “leasing” as follows: “Hire purchase” refers to hire purchase of cars and motorcycles according to the Civil and Commercial Code—that is, a contract whereby an owner of a car or motorcycle hires out the vehicle to a customer, and either promises to sell it to the customer or promises that it will become the property of the customer, on the condition that the customer makes a certain number of payments. “Leasing” refers to renting of a car or motorcycle under a financial lease contract in which the lessor procures a car or motorcycle according to the lessee’s request from a manufacturer, distributor, or other party, or a car or motorcycle repossessed from another lessee, in order to allow the lessee to utilize the vehicle. The lessee is obligated to maintain and repair the leased car or motorcycle during the leasing term. However, the lessee cannot terminate the contract unilaterally before maturity. Upon

Attorneys from Tilleke & Gibbins’ corporate and commercial group in Bangkok have contributed the Thailand chapter of the new Lex Mundi Sustainability and Competition Global Practice Guide. Featuring contributions from Lex Mundi member firms from around the world, the guide seeks to provide in-house and outside counsel with information on ESG (environmental, social, and governance) measures related to the competition regime in each jurisdiction. The chapters, which cover 44 jurisdictions around the world, are provided by member firms in the global Lex Mundi legal network. Each chapter covers the following main areas: Presence of ESG measures and sustainability agreements in the competition regime; Guidance from authorities related to ESG initiatives and competitor working groups; Calculation and reporting of ESG efforts; Precedents involving ESG and sustainability matters in the country; and Antitrust regulations that could lead to ESG litigation. To read the Thailand chapter or browse the other jurisdictional contributions, please visit the Lex Mundi website.

When Vietnam’s newly amended IP Law takes effect on January 1, 2023, bringing the country’s IP regime more in line with international standards, some of the most noticeable impacts will be in the copyright area. Some important changes in the amended IP Law are summarized below. Reproduction Reproduction is defined as the act of copying, in whole or in part, a work, sound or video recording, or broadcast program fixation by any means and in any form. Therefore, copying only a part of a copyrighted work would still be considered an act of reproduction and could be subject to relevant sanctions. Distribution Rights It is clearly provided that distribution rights are limited to products in a tangible form. Therefore, the act of making a work, sound or video recording, or broadcast program fixation available in digital form (through the internet, for example) will not be considered an act of distribution. Exceptions to Copyright Infringement The amended IP Law widens the scope of exceptions to copyright infringement. Exceptions have been added for, among others, persons with disabilities. The reproduction, performance, and communication of a work in an accessible format (when the persons involved have legal access to the original or copy of the work) is permitted. In addition, exceptions (including distribution rights) are added for not-for-profit organizations authorized by the government to operate in a related field. It is also notable that “works of art” and “the collection and anthologizing of works” are excluded from the permissible exceptions. Enforcement Against Infringements There are significant changes in the approach to identifying acts of copyright and related rights infringement. Specifically, instead of listing all the possible acts of infringement, the amended IP Law states that any acts violating moral rights and economic rights that do not fall under the stipulated copyright or

Thailand’s Personal Data Protection Committee (PDPC) has released separate guidelines for data controllers to follow in obtaining data subjects’ consent and notifying data subjects of required information (i.e., regarding collection, use, or disclosure of their personal data). By following the guidelines, data controllers can mitigate the risk of violating the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The Guidelines on Obtaining Consent from the Data Subject according to the PDPA and the Guidelines on Notification of Purposes and Details upon the Collection of Personal Data from the Data Subject according to the PDPA were issued on September 7, 2022. Consent Guidelines The PDPC’s guidelines on obtaining consent list the requirements for consent to be considered valid. These requirements include stipulations on timing of requests, elements that need to be included in requests, and the nature of requests. For instance, consent must be obtained before or at the time of obtaining personal data, and data subjects must be informed of both the purposes and details of the personal data handling, among other specific requirements. In turn, there must be a clear affirmative act of the data subject in giving consent. Obtaining consent from minors is subject to more stringent requirements, and data controllers should implement appropriate identification and age-verification measures when collecting personal data about minors. The guidelines give two sets of requirements, depending on the age of the minor—between 10 and 20, and under 10. In general, with the older age group, parental consent is not required in all circumstances, while for the younger age group, parental consent is compulsory for giving consent on behalf of the minor. For a person deemed to be “incompetent” or “quasi-incompetent,” consent must always be given by the legal guardian. Notification Guidelines The guidelines on notifying data subjects when collecting personal data

Tilleke & Gibbins’ insurance specialists in Cambodia, Laos, Myanmar, Thailand, and Vietnam have contributed to the Subrogated Recoveries – Asia Pacific guide produced by RPC Premier Law Firm. The guide addresses how insurers can recover indemnifiable losses. For each jurisdiction in the Asia Pacific region, the guide addresses the following topics: Local legal framework on subrogation; Insurers’ right to subrogate; Investigations prior to subrogated proceedings; Limitation period for subrogated action; Responsibility for costs in subrogated action; Enforcement of judgements for insurers; and Subrogated actions against co-insured parties. The Subrogated Recoveries – Asia Pacific guide is available below.

Thailand’s Personal Data Protection Committee (PDPC) has issued a regulation establishing procedures for filing and processing data subjects’ complaints under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The Regulation Re: Complaint Filing, Rejection, Termination, Consideration, and the Period for the Consideration of the Complaint B.E. 2565 (2022) was issued in July 2022 and took effect on July 12, 2022. The PDPA entitles data subjects to file complaints against data controllers, data processors, and employees or service providers of either whose operations fail to comply with the PDPA. This article lays out the various requirements and procedures for the filing and processing of such a complaint. Complaint Submission The body designated by the PDPA to be responsible for handling complaints and imposing administrative penalties is called the “Expert Committee.” Data subjects who would like to make a complaint can submit it to the Expert Committee directly at the Office of PDPC, send it to the office by post, or submit the complaint electronically. The written or electronic complaint must use clear, plain, polite, and appropriate language, and must not give an impression of being directly or indirectly extorting or intimidating. The complaint must include at least the following information: Name, address, and telephone number or email address of the complainant (or an authorized representative), together with identification card, passport, or other official identification document (plus a power of attorney if submitted by a representative); Details and facts of the noncompliance with or violation of the PDPA; Details of resulting damages or impact; Supporting evidence (e.g., documentary evidence, physical evidence, witness statements); and Action desired of the offender. The complaint must include a statement certifying its veracity, and must be signed by the complainant or the authorized representative. Complaint Consideration When a complaint is submitted, the receiving official will