A 12-Step Guide To DPO Registration In Malaysia
A step-by-step guide to help businesses appointing internal DPOs ensure their registration is done in full compliance with PDPD requirements.
A 12-Step Guide To DPO Registration In Malaysia Read More »
Common FAQs On DPO Appointments In Malaysia
All our guides consolidated into one mega FAQ so you can quickly find answers to any questions on DPO selection, appointment, and management.
Common FAQs On DPO Appointments In Malaysia Read More »
A Glance At PDPA 2010 Breach Penalties
How mishandling personal data can lead to fines up to RM1 million, prison sentences, and crippling business disruption.
A Glance At PDPA 2010 Breach Penalties Read More »
4 Benefits Of DPO-As-A-Service For Malaysian Businesses
Why outsourcing Data Protection Officer (DPO) services often delivers better PDPA compliance at lower overall costs.
4 Benefits Of DPO-As-A-Service For Malaysian Businesses Read More »
How ELP Delivers PDPA Compliance In 90-120 Days
Our tried and tested four-step approach to deliver full PDPA compliance to organisations of all sizes and industries in Malaysia.
How ELP Delivers PDPA Compliance In 90-120 Days Read More »
How To Appoint The Right External DPO For Your Business
A 5-item checklist to choose the right outsourced DPO and ensure full PDPA compliance.
How To Appoint The Right External DPO For Your Business Read More »
The Business Guide To DPO Qualification Requirements In Malaysia
Government requirements for Data Protection Officers (DPO) in Malaysia including core competencies and training suggestions.
The Business Guide To DPO Qualification Requirements In Malaysia Read More »
Do YOU Need To Appoint A DPO In Malaysia?
Depending on the business, you may not need to appoint a DPO at all, or be required to appoint several
Do YOU Need To Appoint A DPO In Malaysia? Read More »
20 FAQs On Malaysia’s PDPA 2010 (Updated For 2024 Amendments)
This FAQ brings together the most common questions we have heard directly from SME founders, entrepreneurs, and business owners navigating Malaysia’s data protection landscape. Whether you are new to PDPA or reviewing how your business handles personal data, this guide breaks down the essentials in a clear and practical format. What is the PDPA? The Personal Data Protection Act 2010 (PDPA) is Malaysia’s law that governs how businesses collect, use, process, store, and share personal data in commercial transaction. The PDPA was amended via the Personal Data Protection (Amendment) Act 2024 which introduced key changes to enforcement, increased penalties, data protection officer, data breach notification, and cross-border transfer requirements. For more information, read our breakdown of the PDPA amendments. Who does it apply to? The PDPA applies to: It doesn’t apply to: What are the seven PDPA principles? These seven principles set the standard for how personal data should be handled responsibly: For an in-depth look at applying these principles, see our framework on PDPA compliance. What is considered “personal data”? Any information that identifies or can identify an individual, directly or indirectly, including: What is considered “sensitive personal data”? Sensitive personal data is a special category of personal data that includes: This type of data requires extra care because of its sensitive nature. Do I need consent before collecting personal data? Yes. Consent is one of the key legal requirements under the PDPA and sensitive personal data requires explicit consent (for example: a clearly expressed and documented). What are examples of valid consent? Since there are many possible ways to get consent, just make sure that the method you use is: Here are some common examples of valid consent that meet the above requirements: What must a privacy notice include? Your privacy notice is how you show transparency and should clearly explain: The privacy notice should be provided in both Bahasa Malaysia and English to ensure compliance with the PDPA. As a reference, the PDP Department has provided a sample privacy notice template. Where should a privacy notice be displayed? Your privacy notice should be clearly displayed at the point where personal data is collected. For example: your website, registration forms, premises, and any customer touchpoints that involve collecting personal data. What rights do data subjects have? Under the PDPA, data subjects (individuals) have the right to: How long can I keep personal data? Under the Retention Principle, personal data should only be kept for as long as necessary to fulfil the original purpose for which it was collected. Once it’s no longer needed, you should delete or anonymise it securely. To manage this effectively, your organisation can establish a personal data retention policy. How can I let individuals access / correct their data? Under the Access Principle, individuals (data subjects) have the right to access and correct their personal data. To meet this obligation, your organisation should: Can I share personal data with third parties? Yes, but make sure you have: Can I transfer personal data overseas? Cross-border transfers are allowed under the PDPA, provided: What’s expected under the Security Principle? Organisations must take practical and reasonable steps to protect personal data from: Common steps may include: Technical Measures Strong passwords Two-factor authentication (2FA) Data encryption (in transit and at rest) Secure cloud infrastructure with firewalls Organisational Measures Role-based access control regular audits and access reviews Physical Measures Restricted physical access to servers or sensitive files Secure disposal of physical records How do I ensure data integrity? To comply with the Data Integrity Principle as defined by the PDPA, organisations must ensure that personal data is: Is there a breach notification requirement under the PDPA? Yes. The organisation should notify the incident where the breach causes or is likely to cause significant harm. You should: Check out our step-by-step guide to handling data breach notifications in Malaysia. Do I need to appoint a Data Protection Officer? Yes, but only if your organisation: If your organisation does not fall under these classes, appointing a DPO is not compulsory. What is a Data Protection Officer? A Data Protection Officer (DPO) is a company employee responsible for ensuring an organisation’s full compliance with the Personal Data Protection Act (PDPA). As of 2025, appointing one is a legal requirement for many businesses in Malaysia. To learn more, read our guides: Outsourcing a DPO in Malaysia In-house vs Outsourced DPO What internal policies should I have? To embed PDPA compliance in your organisation, consider these: Start small and scale based on your size and risk exposure. What are penalties for not complying with the PDPA? Under the PDPA, penalties vary by offence but can be as high as: Conclusion We are here to make PDPA compliance practical, not painful. Whether it’s crafting your privacy notice, running internal audits, or training your team, contact us to get started. For further reading, we recommend checking out the official FAQ by the Personal Data Protection Department.
20 FAQs On Malaysia’s PDPA 2010 (Updated For 2024 Amendments) Read More »
Data Breach Notification vs Cyber Security Incident Reporting: A Definitive Guide
With the Personal Data Protection (Amendment) Act 2024 (“PDPA”) and the new Cyber Security Act 2024 (“CSA 2024”) in force, organisations are now subject to complementary but distinct notification obligations under two legal regimes: In this article, we break down the differences between Data Breach Notification (DBN) under the PDPA and Cyber Security Incident Reporting under the CSA 2024. Quick comparison Aspect Personal Data Breach Cyber Security Incident Definition Any event or incident that leads or is likely to lead to the breach, loss, misuse, or unauthorised access of personal data An act or activity carried out on or through a computer or computer system, without lawful authority, that jeopardises or adversely affects its cyber security Source of breach Accidental or deliberate; can involve internal or external parties Cyber threat actor(s) or unauthorised computer activity Regulated under Personal Data Protection Act (PDPA) Cyber Security Act 2024 (CSA 2024) Threshold Likely to cause “significant harm” to individuals Incident involving or affecting National Critical Information Infrastructure (NCII) Regulator Personal Data Protection Commissioner (“PDPC”) National Cyber Security Agency (“NACSA”) Mandatory by Law Yes Yes Legal triggers and reporting thresholds Data breach reporting Under the PDPA (Section 12B), Circular of Personal Data Protection Commissioner No. 2/2025, and Data Breach Notification (DBN) Guideline, a data breach must be reported if it causes or is likely to cause “significant harm”. If the organisation determines a breach does not cause or is not likely to cause significant harm, then notification is not mandatory. However, for regulatory review purposes, it is strongly recommended to document the internal assessment process, including the basis for non-notification decision, risk evaluation findings, and any supporting documents or mitigation steps. Cyber Security Incident reporting Under the CSA 2024 (Section 23) and the Cyber Security (Notification of Cyber Security Incident) Regulations 2024, Cyber Security Incidents must be reported immediately when it comes to the knowledge of the NCII Entity that a cyber security incident in respect of the NCII has occurred or might have occurred. Even suspected incidents must be reported within the prescribed time and manner (as set by regulations). Under the CSA 2024, only entities classified as NCII are legally required to report cybersecurity incidents. However, non-NCII entities may also voluntarily report incidents. Notification timeline and channels Reporting Obligation PDPA 2024 (Data Breach) CSA 2024 (Cyber Security Incident) Notified to PDPC The Chief Executive of NACSA and the relevant NCII sector lead Notification As soon as practicable (within 72 hours of becoming aware of the incident) Immediate notification submit initial report within 6 hours of becoming aware of the incident Method By electronic means (i.e., email) or by hardcopy submission By electronic means Notification to Affected Individuals Within 7 days of PDPC notification (if there is “significant harm”) Currently no express obligation under the CSA 2024 Reporting Format DBN Form Via email to [email protected], submit necessary information via National Cyber Coordination and Command Center System Supplementary Info Update PDPC if more details become available Within 14 days of the notification and further updates from time to time Coordinating dual notifications Incidents involving system compromise and personal data loss need dual notification, in which case: To enhance coordination and minimise compliance risks, we recommend: Enforcement and penalties Failure to notify the relevant agency of an incident carries the following potential penalties. PDPA CSA 2024 Fine up to RM250,000, imprisonment up to 2 years, or both. Fine up to RM500,000, imprisonment up to 10 years, or both. Non-compliance may also trigger further investigations, compliance audits, and reputational harm. Practical takeaways Based on our experience assisting clients with breach response, we offer the following practical steps to manage the situation effectively: Conclusion With both the PDPA and the CSA 2024 in full effect, the distinction lies in the focus: PDPA protects individuals, while the CSA governs cybersecurity risks and incident response. In practice, the lines often blur. That’s why we help clients build integrated response frameworks that account for both legal regimes, timelines, and regulators. If you are unsure whether your organisation’s protocols are up to date, or whether you are designated as NCII, now is the time to review and reinforce your governance framework.
Data Breach Notification vs Cyber Security Incident Reporting: A Definitive Guide Read More »