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Serene Kan

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Following the passing of the Personal Data Protection (Amendment) Bill 2024 (“Bill”) 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: The deadline to provide feedback is 6 September 2024 (Friday). Contents: In more detail We have earlier highlighted in our client alert some of the key changes brought by the Bill to the Personal Data Protection Act 2010 (PDPA) and that certain…

Subsequent to our client alert issued on 29 July 2024, the licensing framework for internet messaging services and social media services was gazetted on 1 August 2024. With effect from 1 January 2025, internet messaging services and social media services providers (collectively, “Service Providers”) with 8 million or more users in Malaysia, must hold an applications service provider class licence (“ASP(C) Licence”) pursuant to the Communications and Multimedia Act 1998 (“CMA”) in order to make available their services into Malaysia. Contents…

The long-awaited Personal Data Protection (Amendment) Bill 2024 (“Bill”) has now been made publicly available. Among the key changes it seeks to introduce are: In more detail The intention to amend the Personal Data Protection Act 2010 (“PDPA”) can be traced back as early as the year 2020, when the Personal Data Protection Commissioner (“Commissioner”) issued the Public Consultation Paper No. 1/2020 with 22 proposals as part of a review of the PDPA. With COVID-19 pandemic and several changes…

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…

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 2022.1 Against this backdrop, the Malaysian Government (as with its…