Hey there, let’s dive into the exciting world of data protection with Malaysia’s Personal Data Protection Amendment Bill 2024!
Malaysia is stepping up its game by aligning its data protection laws with global standards. The updated provisions coming in 2025 will bring stricter obligations for organisations and more rights for individuals. It’s time for businesses to gear up for compliance. In this article, we’ll walk you through the key changes and show you how to stay ahead of the curve and ace PDPA compliance.
1. Say Hello to “Data Controller”
The Amendment Bill introduces the term “data controller” to replace “data user”. This change aligns Malaysia with global standards like the GDPR, highlighting the entities responsible for processing personal data.
For organisations, this shift signifies a greater responsibility to uphold transparency, accountability, and purpose limitation in data processing activities. It’s time to update policies and procedures to reflect this new role as data controllers.
2. Meet Your Data Protection Officer (DPO)
The Amendment Bill now mandates the appointment of a Data Protection Officer (DPO) for every organisation handling personal data. This move mirrors global practices and emphasizes the importance of compliance.
Your DPO will be the guardian of data protection practices, offering advice and serving as a contact point for regulators and data subjects. Consider identifying a suitable candidate or outsourcing this role to experts like Formiti for seamless integration of DPO services tailored to your needs.
3. Data Breach Alert!
The amended PDPA brings in stricter data breach notification requirements. Data controllers need to report breaches promptly to the Commissioner and notify affected individuals to prevent risks to their rights and freedoms.
To comply, businesses must have robust data breach response plans in place, including training, detection mechanisms, and clear reporting channels. Delayed responses could lead to penalties and damage to reputation.
4. Biometric Data Gets Special Treatment
Biometric data receives heightened protection under the Amendment Bill due to its sensitivity. Strict processing requirements, including explicit consent from data subjects, are now in place.
Organisations using biometric technologies must ensure strong safeguards like secure storage and encryption. Reviewing vendor agreements for compliance with these protections is crucial.
5. Data on the Move
Data portability rights now allow individuals to request the transfer of their data to another service provider. This boosts consumer autonomy but poses challenges for businesses to ensure smooth and secure data transfers.
Prepare by evaluating data infrastructure, ensuring compatibility for transfers, and establishing clear procedures for handling portability requests.
6. Going Global with Data
Cross-border data transfers face stricter conditions under the Amendment Bill. Organisations must ensure recipient countries offer similar data protection levels to safeguard personal data processed internationally.
Assess data flows, implement mechanisms like standard clauses, and maintain documentation to demonstrate compliance with these requirements.
Why Act Now?
Compliance with the amendments is non-negotiable, and the clock is ticking towards early 2025. It’s time for organisations to:
- Update policies.
- Implement measures.
- Train staff.
- Appoint a DPO.
How Formiti Supports You
Navigating regulatory changes can be daunting, but Formiti is here to help. Our services are tailored to assist organisations in achieving and maintaining PDPA compliance. Whether you need a DPO, data protection assessments, or guidance on data transfers, our experts have got you covered.
Don’t wait until the last minute. Contact Formiti today for a consultation and ensure your organisation is ready for Malaysia’s new data protection requirements.
Ready to secure your compliance future with Formiti? Visit our website or contact us now!
