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In brief

The Malaysia Cabinet has approved the proposed amendments to the Personal Data Protection Act 2010 (Act 709). These amendments  are expected to be tabled in the current Parliamentary session taking place up until 18 July 2024.


In more detail

Malaysia’s Digital Minister, Gobind Singh Deo (“Digital Minister”) announced on 4 July 2024 the approval of the proposed amendments to the Malaysia Personal Data Protection Act 2010 (“PDPA”) by the Cabinet. Specifically these amendments are expected to be tabled in the current Parliament session, convening from 24 June 2024 to 18 July 2024.

To recap, some of the key amendments being proposed to the PDPA include:

  1. mandatory personal data breach notifications;
  2. additional compliance responsibilities for data processors;
  3. appointment of Data Protection Officers;
  4. data subjects’ right to data portability; and
  5. removal of the white-list regime for cross-border data transfers.

Please refer to our previous write-up on the proposed amendments here.

A result of input and views from 719 stakeholders across 40 engagement sessions, the Digital Minister has indicated that a key focus of the proposed amendments  is to enhance security and to address issues of personal data breaches and misuse in Malaysia.

Key takeaways

Amidst growing concerns on personal data misuses and breaches as well as cybercrimes globally, it is reassuring that the long-awaited proposed amendments to the PDPA are now being introduced in Malaysia.

Businesses should gear up for the upcoming additional compliance obligations that will be introduced.

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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

Serene Kan is a partner in the Intellectual Property & Technology Practice Group of Wong & Partners, a member firm of Baker & McKenzie International in Kuala Lumpur.

Author

Kean Lynn Tai is a Legal Assistant in Wong & Partners, Kuala Lumpur office.