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Kherk Ying Chew

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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.

Malaysia’s Cyber Security Bill 2024 was passed by both houses of the Malaysian Parliament on 27 March 2024 (Dewan Rakyat) and 3 April 2024 (Dewan Negara) respectively. Subsequent to its Royal Assent on 18 June 2024 and publication in the Official Gazette on 26 June 2024, the Malaysia Cyber Security Act 2024, together with four subsidiary regulations, came into force on 26 August 2024.

Following the passing of the Personal Data Protection (Amendment) Bill 2024 by the Malaysian Parliament in July 2024, three public consultation papers have been issued in relation to the implementation of the following impending new legal obligations:

  • Notifying the Personal Data Protection Commissioner and affected data subjects for personal data breach.
  • Appointing data protection officer(s).
  • Effecting the data subject’s right to data portability.

The deadline to provide feedback is 6 September 2024 (Friday).

The Malaysian Communications and Multimedia Commission (“MCMC”) has announced its intention to introduce a new licensing regime for social media services and internet messaging services on 1 August 2024, with enforcement effective from 1 January 2025 onwards.

Under the current licensing framework, social media services and internet messaging services are exempted from the licensing requirement under the Communications and Multimedia Act 1998 (“CMA”) pursuant to the Communications and Multimedia (Licensing) (Exemption) Order 2000.

The long-awaited Personal Data Protection (Amendment) Bill 2024 has now been made publicly available. Among the key changes it seeks to introduce are: direct obligations for data processors, mandatory data breach notification, requirement to appoint data protection officer(s), new data subject rights on data portability, an expanded definition of sensitive personal data, and a general legal basis for cross-border transfers.

The new Cyber Security Bill 2024 (“Bill”) was tabled for first reading at the Malaysian Parliament on 25 March 2024. The Bill aims to provide a regulatory framework for the safeguarding of Malaysia’s cyber security landscape by requiring national critical information infrastructure entities to comply with certain measures, standards and processes in the management of the cyber security threats and cyber security incidents. To achieve such objectives, the Bill provides for, among others, the establishment of the National Cyber Security Committee, the duties and powers of the Chief Executive, the appointment of national critical information infrastructure sector leads, the designation of national critical information infrastructure entities and the licensing of cyber security service providers.

From governments to private investors, big pharma to biotechs, organizations inside and outside the region are reimagining healthcare and life sciences to improve access, outcomes and affordability. This requires capital investment, collaboration and change at levels rarely seen before. In our digital campaign, we explore this dynamic through two main themes and identify six key market opportunities.

The new Cyber Security Bill 2024 (“Bill”) was tabled for first reading at the Malaysian Parliament on 25 March 2024. The Bill aims to provide a regulatory framework for the safeguarding of Malaysia’s cybersecurity landscape by requiring national critical information infrastructure entities to comply with certain measures, standards and processes in the management of the cybersecurity threats and cybersecurity incidents. To achieve such objectives, the Bill provides for, among others, the establishment of the National Cyber Security Committee, the duties and powers of the Chief Executive, the appointment of national critical information infrastructure sector leads, the designation of national critical information infrastructure entities and the licensing of cybersecurity service providers.

Proposed licensing of social media and internet messaging services providers and a new draft bill on digital safety – these are some of the recent updates in the online content space for Malaysia. On 15 December 2023, the Malaysian Communications and Multimedia Commission (MCMC) reported that there was a significant increase in harmful content on social media and over-the-top platforms in 2023 as compared to in 2022. Against this backdrop, the Malaysian Government (as with its counterparts in the region) is increasingly concerned about online safety and the harms that materialize as part of the proliferation of online content.