Hey there, let’s talk about Malaysia’s Updated PDPA!
Have you heard about the recent changes to Malaysia’s PDPA? Many organizations seem to have missed out on these crucial updates. This oversight could potentially put both local and international businesses at a higher risk of non-compliance.
So, what’s new in the Malaysia PDPA?
One major change is the mandatory appointment of a Data Protection Officer (DPO). Previously, having a DPO was a best practice, but now it’s a legal requirement for all organizations handling personal data.
Additionally, the scope of the PDPA has expanded to include data processors, not just data controllers. This means companies processing data for others must also adhere to PDPA obligations.
Furthermore, the Personal Data Protection Commissioner (PDPC) now has more power to issue penalties and enforcement orders against non-compliant organizations. Ignoring these updates could lead to serious consequences.
Who needs to take action?
These changes impact Malaysian entities that handle personal data and international companies that deal with Malaysian individuals’ data.
-
Malaysian entities collecting personal data must comply, as well as international companies handling Malaysian data.
Both groups are now equally responsible for meeting the revised PDPA requirements.
Implications for Malaysian-Based Entities
For businesses in Malaysia, appointing a DPO is now mandatory. The DPO must have expertise in Malaysian data protection law to ensure compliance.
Organizations must also ensure their internal activities and outsourcing arrangements align with PDPA standards to avoid penalties and enforcement actions.
Transparency obligations have increased, requiring companies to update privacy notices and manage this process effectively through the DPO.
Implications for International Companies
International businesses offering goods or services in Malaysia must appoint a local DPO or representative to comply with PDPA regulations.
These companies must align their practices with Malaysian standards to avoid regulatory action, even if they comply with other data protection laws.
Failure to address these differences could lead to serious consequences.
Risks of Non-Compliance
Non-compliance could result in fines and reputational damage for organizations. The PDPC can impose significant penalties for violations.
Individuals affected by data breaches can file complaints, leading to costly investigations and potential legal actions.
Public enforcement actions could harm a company’s brand trust and reputation.
Next Steps to Take
To ensure compliance, organizations should take immediate action. Key steps include appointing a qualified DPO, updating contracts, auditing data practices, and training staff on PDPA responsibilities.
Failure to act could leave organizations vulnerable to enforcement actions.
How Formiti Can Assist
Formiti offers outsourced DPO services to help organizations navigate PDPA requirements efficiently and cost-effectively.
Our service provides compliance support, monitoring, representation, risk assessments, and global expertise tailored to your needs.
Partnering with Formiti ensures your compliance journey is smooth and protects your business from potential risks.
Don’t wait – contact Formiti today to learn how our services can safeguard your business in Malaysia and beyond.
