Photo, Kritiyanee Buranatrevedhya

Kritiyanee Buranatrevedhya

Partner
Baker & McKenzie Limited Attorneys at Law

Biography

Kritiyanee is a partner in the Intellectual Property and Technology practice. She leads the practice group’s foray into the legalities of new and emerging technologies, such as digital ID/platform, blockchain, Web 3.0, metaverse, GameFi, data sharing and trust services.

Practice Focus

Kritiyanee focuses on Artificial Intelligence (AI), digital platform liability, data protection and cybersecurity, digital ID, and complex technology matters. She also focuses on IT and IP commercial matters, which span across various business sectors, including technology, financial services, automotive, insurance, airline, consumer goods and retail, food and beverage, hospitality, and healthcare.

She is a Certified Information Privacy Professional/Europe (CIPP/E). She has supported the PDPC as a coach for national competitions on the PDPA. Kritiyanee has recently been appointed by the Thai Parliament as advisor to the Ad-Hoc Committee for Considering and Studying the Guidance on Regulation and Promotion of Using Artificial Intelligence Technologies to Facilitate the Future Changes (AI Committee), an official committee established under Thailand's House of Representatives to prepare AI laws in Thailand.

Representative Legal Matters

  • Assisted local and international companies with legal analysis of the current AI legal landscape and development in Thailand, conducted a risk assessment, provided a legal guideline to avoid any potential risk while developing AI products/services, draft AI guidelines and governance model, and conducted training on Al Laws to provide the latest developments on AI to international and local businesses, the Bank of Thailand and universities.
  • Advised onshore and offshore online service providers on Digital Platform Royal Decree by supporting businesses on their business structures to mitigate risk while still in compliance with local laws. Furthermore, she provided clients with post notification legal strategy, reviewed and revised clients' terms and conditions, and acted as a local coordinator for offshore platform service providers.
  • Assisted local and international companies on data compliance matters and data breach incidents, including risk assessments, legal guidelines for appointing a data protection officer (DPO), advising on the legal obligations of data controllers and data processors, conducting data mapping and identifying gaps, preparing legal documents, and revising policies and procedures related to data protection, IT policies, and more.
  • Advised clients on various complex technology matters such as licensing terms for facial recognition software, validity and enforceability of e-signatures, analysis of security for e-commerce businesses, digital content, blockchain, e-sports, gaming, NFTs and more.
  • Assisted clients on various IP matters, including conducting due diligence for the Thai oil and gas company, conducting IP due diligence to acquire another big-name music company in Thailand, advising a top tier music company in Thailand on copyrights and licensing arrangements, preparing IP agreements, drafting and negotiating talent and collaboration agreements for a clothing brand, and counselling various clients in other areas of intellectual property laws.
  • Drafted and negotiated agreements for blockchain-based platforms for operators handling Thailand's National Digital ID Project, IT outsourcing projects; expansion for cloud service providers; mobile applications; websites; streaming services; social networking sites; digital content; and online contests.
  • Developed a Risk Matrix concerning marketing activities for Thailand's corporations and Fortune 500 companies for analysis of applicable legal bases for the client to rely on for handling data, as well as mitigating risks involving ad recommendations pursuant to the PDPA for data monetization.
  • Assisted various international companies on cross-border transfer of personal data sent or transferred to a foreign country and appropriate safeguards. Advised various international financial, payment, and banking companies regarding cross-border transfer of personal data overseas.
  • Handled negotiations for clients in the gaming industry with the Thai regulator in a dispute arising out of Thai government concerns over an augmented reality mobile game.
  • Provided legal support to a government entity on its Binding Corporate Rules (BCRs) Project for compliance with the EU GDPR and advised on the process for selection of the BCRs Supervisory Lead Authority in the EU.
  • Advised several multinational companies on the AI regulatory framework in Thailand, monitored its development, and provided legal updates and risk analysis regarding AI.
  • Advised local and international clients on complex data breach incidents, provided legal counsel on response and action, including notification requirements to the authorities and data subjects, post-notification remediation measures, the potential impact on clients' businesses, and implemented improvements to the client's system to reduce the risk of future breaches.
  • Advised a leading global payment and technology company on a new platform that allows data subjects to exercise their privacy rights; assessed the products' applicability with Thai data privacy laws and required obligations such as notification with the competent authority, consent requirements, data subjects' rights, data localization, cross-border transfer, etc.
  • Co-leader with another partner in the financial practice group on a collaborative project between major financial institutions and securities companies in Thailand for extensive data protection work, including analyzing the legal roles applicable to each custodian-related role. The project helped eradicate earlier pain points in this industry due to inconsistencies between each party that often led to un-closable deals and agreements.
  • Advised various data protection advisory work including: (1) company and government surveillance & interception; (2) data monetization; (3) data breach requirements, revising breach notification reports, and how to handle breach reports for the public with care; (4) criminal background checks of employees; (5) internal investigation of employee misconduct; (6) email review and retention; (7) CCTV surveillance; (8) implementation of facial recognition software; (9) the use of sensitive data; (10) whistle-blower hotlines/channels; and (11) the use of personal data for AI training for both global and local clients in a variety of industries.
  • Assisted various online platforms on digital items based on NFT blockchain technology to enter into licensing and service agreements with IP providers. Assisted in the agreements with businesses to list and sell their items on the digital marketplace. Advised on the structure and revision of an NFT marketplace platform's legal documents including Terms of Service, Artist Agreement, End-User Agreement, Privacy Policy, and Consent Form. The project involves NFT ownership among creators, sellers, donation centers, first- and second-hand buyers; transfer of intellectual property rights and licensing; use of trademark for marketing purposes; and data protection in case of individual buyers and/or juristic person buyers.
  • Assisted an international financial service provider in curbing violence and harassment online by providing key pieces of legislation - the Computer Crime Act, The Criminal Code, and other relevant laws - to curb online violence. Provided legal advice on regulatory bodies and their functions regarding hate and violent activity on the client's platform in Thailand.
  • Counselled clients in the area of intellectual property commercialization, including copyrights, trademarks, trade secrets, and IP licensing.

Professional Honors

  • Named as a Up and Coming in TMT by Chambers AP, 2024
  • Named as a Next Generation Partner by The Legal 500 AP, 2023-2024
  • Named as a Rising Star by Managing IP in their Rising Stars Awards Asia-Pacific 2021
  • Honorable Mentions and Ranked by The Legal 500 AP as a key lawyer in Data Privacy, 2019-2020

Professional Associations and Memberships

  • Appointed by the Thai Parliament as Advisor to the Ad-Hoc Committee for drafting artificial intelligence (AI) law in Thailand, 2024
  • Member, International Association of Privacy Professionals (IAPP)
  • Member, Internet Society (ISOC)
  • Certified Information Privacy Professional/Europe (CIPP/E)
  • Granted a full scholarship to attend Asia-Pacific Internet Governance Academy in University in Seoul, Korea. The Academy is hosted by the Korea Internet & Security Agency (KISA) and the Internet Corporation for Assigned Names and Numbers (ICANN), 2016.

Corporate Responsibility

Kritiyanee assisted a nonprofit organization working to end child sexual exploitation on a data protection project. She worked alongside Baker McKenzie partners from other jurisdictions to ensure global legal compliance as this organization works seamlessly in various countries.

Admissions

  • Thailand (2012)

Education

  • The London School of Economics and Political Science (LL.M., with merit) (2011)
  • Chulalongkorn University (LL.B., 1st class honors) (2008)

Languages

  • English
  • Thai

Kritiyanee is a highly coveted speaker, trainer, panelist, and lecturer for a variety of clients and institutions on numerous topics including data protection, PDPA, GDPR, computer crime, digital content, AI, netiquette, and Blockchain. The hosts have included the following:

  • Government entities and regulators: the Electronic Transactions Development Agency (ETDA), Bank of Thailand (BOT), the Office of Insurance Commission (OIC). In one of her latest events Kritiyanee was a speaker on the topic of the Key to Lawful and Trusted Digital ID Business for the "MEiD Hackathon : Digital ID Solution for All" event organized by MDES and ETDA on 17 January 2022 via Zoom. The MEiD Hackathon is a competition that encourages co-creation and co-development of digital ID innovations in order to build a seamless experience of digital services in Thailand. Participants/competitors include business operators, start-ups, and service providers in digital ID solutions.
    Kritiyanee was also a speaker for Artificial intelligence in Finance topic for BOT Digital Finance Conference 2023 on 14 September 2023, for which Baker McKenzie was the only law firm invited as a speaker for this 2-day event. The event has received very positive feedbacks, more than 2,700 attendees at the event.
    Kritiyanee was invited by the United States Patent and Trademark Office (USPTO) and the US Mission Thailand to be a speaker for World Intellectual Property Day (2023) under the theme Women and IP: Accelerating Innovation and Creativity, at the Faculty of Law – Chulalongkorn University.
  • Industry-specific associations: Pharmaceutical Research and Manufacturers Association (PReMA), the Association of Securities Companies (ASCO), Investment Banking Club (IB Club), Association of Investment Management Companies (AIMC), and Thai Bankers' Association (TBA). She was recently a speaker during the RASC webinar on Electronic Signature to PReMA members.
  • Renowned universities: Chulalongkorn University, Thammasat University, Bangkok University, Chiang Mai University, Ubon Ratchathani Rajabhat University, and the Council of University Presidents of Thailand.
  • Various other client and non-client seminars and forums: ASEAN Business Advisory Council (ASEAN BAC), BOT Bangkok FinTech Fair, HSBC, Pandora, Chevron, PTT Group, Takeda, Pruksa, AIA, Krungthai-AXA, SCB Abacus, CIMB, Kiatnakin Bank, Kbank, Abbott, Standard Chartered, Bangkok Bank, Government Savings Bank, EXIM Bank, UBM Asia, Shiseido, Siam Cement Group, Dupont, Seiko, Dharmniti, Siam Piwat among many others.

In addition to her speaking engagements, Kritiyanee has also written or co-authored articles and provided comments on PDPA, the GDPR impact on Thai companies, Artificial Intelligence (AI), the Internet of Things (IoT), 3D Printing Technology, digital economy related laws, and Blockchain to various news reporters, journalists, and publishers such as Bloomberg BNA, Thomson Reuters, DataGuidance, China Daily, the International Bar Association (IBA), Global Data Review, the American Chamber of Commerce in Thailand (AMCHAM) Journal, the Australian-Thai Chamber of Commerce (AustCham) Journal, German-Thai Chamber of Commerce (GTCC) Journal, Thailand’s Intellectual Property and International Trade Court Law Journal, the Bangkok Post, the Nation and Krungthep Turakij.