OPPO and realme Face Regulatory Scrutiny in Thailand Over Unauthorized Loan Apps

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It seems that Thailand is making headlines once again, but this time for a techno-legal conundrum that’s sure to give some corporate directors sleepless nights. The National Broadcasting and Telecommunications Commission (NBTC) and the Office of the Personal Data Protection Committee (PDPC) have wielded their regulatory gavels, ordering a halt on mobile phone sales by tech giants OPPO and realme. The reason? The stealthy installation of loan applications on users’ devices without a whisper of consent. And boy, did this not sit well with authorities.

As the drama unfolds, both companies have been given a red alert, with a deadline to present their defense by January 16. If they fail to appease the stern gatekeepers of personal data, they’ll face fines that could reach up to a whopping 3 million baht, roughly translating to US$86,530. That’s a lot of zeroes right there! Yesterday, January 13, the echelons of OpPO and realme’s distribution arms, Possefy Group and Prota Co., found themselves summoned before the NBTC to account for how these cheeky apps, like Fineasy, found their way onto unsuspecting customers’ smartphones. And let’s just say, the users were not amused.

Trairat Viriyasirikul, the acting Secretary-General of the NBTC, didn’t mince words when revealing that the NBTC and PDPC’s collective patience had run thin. Their joint directive to the companies was clear-cut: stop peddling phones bundled with intrusive apps, as it clearly infringes the Personal Data Protection Act. Not taking heed could burn a massive hole in the companies’ pockets with fines of up to 3 million baht for each offending handset sold.

The PDPC is demanding swift action—manufacturers are to revamp their software, giving users the power to banish these apps without having to embark on an epic journey to a service center. It has come to light that this setup snafu affects newer models rolled off assembly lines from 2023 onwards, with software gremlins worked in at the factory. To add to the digital chaos, older models may have unwittingly received said pesky apps thanks to the wispy, unseen hand of an over-the-air (OTA) update, minus a heads-up to customers.

Now, the companies find themselves under a magnifying glass with a list of demands: prove they have a Thai representative as per Section 37(5), reassess legal measures on app installations under Section 23, lay out plans for independent data deletion, cease the pre-installed app practice on new models, and shed light on who pockets the loan money and the funding origins. The clock is ticking—the deadline is imminent; January 16 will soon ring a loud bell.

In a bid to resolve this issue, a couple of options have been tabled: one, users can initiate an OTA update to rid themselves of these unwanted applications, and two, for those tech-challenged or OTA-resistant, bespoke support at service centers will come to their rescue. The companies are under pressure to clear a path by streamlining these processes, and they only have a month to make it happen.

As if rude app installations weren’t headache enough, some consumers found their personal data resurrected for loan advertising mischief without a nod of permission. Imagine applying for a modest loan of 50,000 baht (US$1,445) only to find yourself saddled with debts skyrocketing to 700,000 baht (US$20,200). It’s a nerve-wracking scenario the PDPC is acutely aware of. They encourage the wronged to voice their grievances through the PDPC website, promising investigation and corrective steps.

Colonel Surapong Plengkhum, the meticulous Director of the Inspection and Supervision Bureau at the PDPC, made it very clear: OPPO and realme must appoint a Thai representative empowered to take personal data breaches by the horns. This figure must be equipped with sweeping authority and bear ultimate liability. Drag your feet, and penalties will be waiting—not to mention compounded breaches could escalate into the treacherous legal waters of civil, criminal, and administrative consequences.

The digital landscape in Thailand is evidently experiencing some stormy weather. As the dust settles, the hope is for a resolution that respects data privacy rights while allowing companies to redeem themselves with compliant practices. Stay tuned for more, as the PDPC’s watchful eyes ensure that personal data stays personal.