Expanding Global Compliance: New Regional Laws for Thailand and South Africa in Consentmo

As data privacy regulations continue to grow globally, Shopify merchants must stay aware of compliance obligations across different regions. The privacy laws in Thailand and South Africa - PDPA and POPIA, respectively - now add to the list of important regulations. To make managing these requirements easier, Consentmo has integrated support for both of these laws. In this blog, we’ll walk through the key aspects of Thailand’s PDPA and South Africa’s POPIA, why they matter for Shopify merchants, and how Consentmo’s new updates can help keep your store compliant.

Introduction to PDPA and POPIA

Thailand’s Personal Data Protection Act (PDPA) and South Africa’s Protection of Personal Information Act (POPIA) are both privacy laws designed to regulate the collection, use, and storage of personal data. They mirror other global privacy laws, like the GDPR in Europe, by placing stricter rules on how businesses handle personal data. For Shopify merchants operating in or interacting with customers in Thailand or South Africa, understanding these laws is very important.

Both PDPA and POPIA represent significant strides in protecting user privacy and come with compliance obligations that impact Shopify merchants. From the need for explicit user consent to the requirements for data processing transparency, these laws introduce specific standards that merchants must incorporate into their data practices.

Characteristics of PDPA (Thailand)

Thailand’s Personal Data Protection Act (PDPA), which came into effect in June 2022, marks the country’s first comprehensive data privacy law. Here’s a breakdown of its main features:

Scope and Application

PDPA applies to any business that collects, uses, or stores the personal data of individuals in Thailand, regardless of whether the business itself is based in Thailand. For Shopify merchants, this means that even if your store is based in another country, compliance with PDPA is required if you interact with Thai customers.

Consent Requirements

One of PDPA’s core principles is that individuals must give explicit consent before their data can be collected and processed. Consent must be freely given, specific, and informed. The law requires clear and accessible language in privacy notices so users understand what they are consenting to. For Shopify merchants, this means updating privacy notices and adding consent management tools that comply with PDPA standards.

Data Subject Rights

PDPA grants Thai individuals several rights over their personal data, including the right to access, correct, and delete their information. Additionally, data subjects have the right to withdraw consent at any time, which means Shopify merchants need a system in place to respond to such requests.

Data Security Obligations

PDPA mandates that organizations implement appropriate security measures to protect personal data from unauthorized access or disclosure. Merchants are required to evaluate and, if necessary, upgrade their data storage and protection practices to meet these standards.

Characteristics of POPIA (South Africa)

South Africa’s Protection of Personal Information Act (POPIA), which became enforceable in July 2021, is designed to promote the rights of privacy and protect personal information in both the private and public sectors. Here are the primary characteristics of POPIA:

Scope and Application

POPIA applies to any entity processing personal data within South Africa, or any entity outside of South Africa that processes personal data belonging to South African residents. Shopify merchants targeting customers in South Africa must comply with POPIA, even if they are based abroad.

Lawful Processing and Consent

POPIA emphasizes lawful data processing, which requires consent or another legitimate basis. Similar to PDPA, it requires merchants to collect explicit consent before processing customer data and mandates that consent be freely given and informed. POPIA’s consent requirements mean Shopify merchants need mechanisms to obtain, record, and manage customer consent appropriately.

Rights of Data Subjects

POPIA gives South African individuals the right to access, correct, and delete their personal information. In addition, it includes the right to object to data processing, especially for direct marketing purposes. Shopify merchants must be prepared to address these rights and respond to requests efficiently.

Data Security and Accountability

POPIA mandates that businesses are accountable for data processing activities and require appropriate security measures to protect personal data. Businesses must adopt reasonable steps to prevent data breaches, which include securing data storage, access, and transmission.

Why These Laws Are Important for Shopify Merchants

For Shopify merchants, complying with PDPA and POPIA isn’t optional if you interact with customers in Thailand or South Africa. Here’s why these laws are vital:

• Wider Reach: Both PDPA and POPIA apply to any business that processes personal data from Thai or South African residents, regardless of where the business is located. This means that Shopify stores based outside these regions still need to comply if they serve customers from Thailand or South Africa.
• Enhanced Customer Control: These laws empower customers with rights over their data, including the right to access, correct, and delete information. Merchants are legally required to respect these rights and set up systems for compliance.
• Avoiding Penalties: Non-compliance with PDPA and POPIA can lead to legal consequences, including financial penalties. For Shopify merchants, the risk of fines emphasizes the need to align data practices with these regional requirements.
• Building a Responsible Data Practice: Staying compliant with international privacy standards helps build a responsible data practice. While customer trust is not the focus here, sticking to these standards reflects a commitment to following global privacy norms.

How Consentmo Integrates PDPA and POPIA Compliance

For New Users

Starting with Consentmo is now even more intuitive, especially with our latest addition of compliance options for Thailand and South Africa. When setting up the app, you'll now see our "Quick Setup" map highlighting Thailand (PDPA) and South Africa (POPIA). The map lets you activate compliance for these regions right from the start, so you’re covered from day one in these areas.

For Existing Users

For those who’ve been using Consentmo, we’ve got some exciting updates. Expanding your compliance coverage to include Thailand and South Africa is simple - just go to the General tab > Geolocation and select these regions to activate PDPA and POPIA compliance.

New PDPA and POPIA Compliance Pages

We know the importance of staying organized with region-specific regulations. Premium Consentmo users can now generate comprehensive PDPA and POPIA Compliance pages right from the General tab > Compliance pages. These pages include important details specific to Thailand’s and South Africa’s data protection laws, helping you stay on top of regional compliance requirements effortlessly.

Enhanced Consent Log Features

In the Consent Log tab, you’ll notice a new filter for Data subject requests for both PDPA and POPIA. This update allows for easy tracking, understanding, and exporting of data requests related to Thailand and South Africa. Managing these records has never been simpler, keeping you prepared to meet data requests for these regions effectively.

Conclusion

As global data privacy regulations expand, Shopify merchants have to keep up with compliance requirements in regions where they operate. Thailand’s PDPA and South Africa’s POPIA introduce stringent data protection standards that impact how Shopify stores handle customer information from these regions. Consentmo’s integration of PDPA and POPIA compliance tools simplifies the process, enabling you to manage these requirements within a single app.

By using Consentmo’s features, Shopify merchants can confidently handle data from Thailand and South Africa without the need to manage complex compliance frameworks manually. Stay ahead of global privacy regulations with Consentmo and make managing international compliance as smooth as possible.