Malaysia: Proposed amendments to the Personal Data Protection Act 2010 expected to be tabled at Parliament

08 Aug 2022    2 minute read
Data Privacy Personal Data Protection Data Breach Notification DT Featured Content

In brief

Following a public consultation held in early 2020, certain amendments to the Malaysian Personal Data Protection Act 2010 ("PDPA") will be tabled at the Malaysian Parliament for approval in October 2022. These proposals will introduce new obligations on both data users and data processors.

Contents

In more detail

The Communications and Multimedia Minister ("Minister") (who oversees the implementation of the PDPA) has indicated that the following proposed amendments to the PDPA are expected to be tabled at Parliament for approval in October 2022 (collectively "Proposed Amendments"):

  • Appointment of data protection officer: All data users will each be required to appoint a data protection officer.
  • Mandatory data breach notification: All data users will be required to report data breaches to the Malaysian Personal Data Protection Department ("PDPD") within 72 hours.
  • Data processor obligation: Data processors will be required to comply with the security principle under the PDPA.
  • Introduction of data portability: Transfers of personal data between data users (upon request from data subjects) will be allowed (if the technical system permits).
  • Blacklist for cross-border transfers: The power of the Minister to issue a whitelist will be replaced with a blacklist. Transfers of personal data to blacklisted countries will be prohibited. 

Under the PDPA, "data users" are essentially those who have control over or authorise the processing of any personal data (excluding data processors), whereas "data processors" refer to those who process the personal data solely on behalf of the data user and not for any of their own purposes.

The Proposed Amendments formed part of the 22 proposals in the public consultation paper issued by the PDPD in early 2020 to strengthen the PDPA. They are broadly in line with recent data privacy reforms across the region. Businesses should anticipate and prepare for the additional compliance obligations which they may be subject to if the Proposed Amendments are passed and come into force (including undertaking an assessment of the impact of such compliance obligations on its existing contractual commitments and undertakings).

* * * * *

© 2022 Wong & Partners. All rights reserved. Wong & Partners, member of Baker & McKenzie International. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

Contact Information
Kherk Ying Chew
Partner
Kuala Lumpur
Read my Bio
kherkying.chew@wongpartners.com
Chun Hau Ng
Legal Assistant
Kuala Lumpur
chunhau.ng@wongpartners.com

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.