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Malaysia: Survey on role of Data Protection Officer (DPO)

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In brief

The Malaysian Personal Data Protection Department (PDPD) has just published a questionnaire on Data Protection Officer (DPO) to gather market feedback on the role and qualification of a DPO in Malaysia (Survey).1 The deadline to respond to the Survey is 21 December 2022 (Wednesday).

In more detail

While the appointment of DPO is not currently required under the Malaysian Personal Data Protection Act 2010 (PDPA), there have been recent proposals to introduce the same as a mandatory obligation on data users.

Under the Public Consultation Paper No. 01/2020 issued by the PDPD in February 2020, one of the proposals is to add a new provision in the PDPA to require a data user to appoint a DPO, who will be responsible to oversee data protection strategy and implementation in an organisation for compliance with the PDPA. More recently in August 2022, the then Communications and Multimedia Minister also proposed amendments to the PDPA to include a requirement to appoint a DPO.

The Survey currently seeks detailed feedback on the following:

  • The role, responsibilities and tasks of a DPO
  • The knowledge, ability and skill sets of a DPO
  • Whether the Malaysian government should issue guidelines regarding the career advancement of a DPO
  • Whether the Malaysian government should collaborate with the Board of Technologists (MBOT) to confer a professional recognition for a DPO

The Survey form can be accessed here. The last day to respond to the Survey is 21 December 2022 (Wednesday). Amendments to the PDPA to include the appointment of a DPO are likely after completion of the Survey.

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This client alert was issued by Wong & Partners, a member firm of Baker McKenzie International, a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner or equivalent in such a law firm. Similarly, reference to an “office” means an office of any such law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. 

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Author

Kherk Ying Chew heads the Intellectual Property and Dispute Resolution Practice Groups of Wong & Partners. She has decades of experience in IP, commercial litigation, corporate compliance, information technology and Internet regulatory issues. She is ranked in Tier 1 for IP in Malaysia by Chambers Asia Pacific which has noted that Kherk Ying is "an acclaimed figure in the sector, drawing praise as a lawyer who is 'really commercial, very practical' and 'knows her subject impressively well." Asia Pacific Legal 500 inducted her into its Hall of Fame in 2021 for IP, it had commented that she is "highly respected for contentious and non-contentious work". Kherk Ying was also named in Benchmark Asia-Pacific’s Top 100 Women in Litigation for IP and Commercial Transactions (2020-2021). Kherk Ying won the Women Lawyer of the Year at the ALB Malaysia Law Awards in 2019. She is highly regarded for IP litigation, and has been named the "Best Female Lawyer in IP Litigation" by Euromoney Asia Women in Business Law Awards 2014. She is also recognised as a Tier 1 lawyer in enforcement and litigation by the World Trademark Review 1000, and ranked as a Tier 1 litigation and transactions professional by IAM Patent 1000. Kherk Ying is a registered trade mark, patent and design agent in Malaysia and the principal author of the CCH published Intellectual Property Laws of Malaysia. She is among the few selected trainers for an IP valuation course by Intellectual Property Corp of Malaysia (MyIPO) and is an accredited IP valuer by the World Trade Institute.

Author

Chun Hau Ng is an Associate in Wong & Partners, Kuala Lumpur office.

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