A Glance At PDPA 2010 Breach Penalties

A Glance At PDPA 2010 Breach Penalties

Table of Contents

With recent updates, non-compliance with the PDPA 2010 carries the risk of among the steepest financial consequences for businesses in Malaysia. 

But the true cost of non-compliance goes further, as PDPA penalties also include individual prison sentences along with fallout that can cripple a company’s ability to function

Maximum penalties for breaching the PDPA 

The updated PDPA carries the following fines and imprisonment sentences: 

  1. General non-compliance with PDPA principles: Fines up to RM1,000,000 and / or imprisonment up to 3 years 
  2. Processing personal data without consent: Fines up to RM500,000 and / or imprisonment up to 3 years 
  3. Failure to appoint a Data Protection Officer: Fines up to RM250,000 and / or imprisonment up to 2 years 
  4. Failure to report data breaches: Fines up to RM250,000 and / or imprisonment up to 2 years 

        These are some of the most severe regulatory consequences Malaysian businesses can face, while the prison is the PDPA penalty for individual directors, shareholders, and company officers.  

        Hidden costs of PDPA non-compliance 

        The full cost of a PDPA penalty goes beyond fines and prison sentences, threatening a business’ operations, customer relationships, and market reputation. 

        Risk Area Consequences 
        Business impact & operational disruption Investigations can halt operations, suspend data processing, and force audits that drain time and resources. Partnerships may stall or require renegotiation. 
        Reputational damage & customer trust Violations quickly erode trust and attract negative publicity. Rebuilding confidence takes significant time and effort. 
        Regulatory scrutiny & compliance burden Organisations may face ongoing monitoring, mandatory reporting, and frequent audits that increase costs and disruption. 
        Civil liability & legal exposure Affected individuals may sue for compensation, leading to extra damages, legal costs, and potential class action suits. 

        Appoint a DPO for full PDPA compliance services 

        Data Protection Officers (DPOs) ensure organisations adhere to PDPA requirements across business operations at the fraction of the cost of a single regulatory fine, all while providing ongoing protection against compliance risks.  

        We can help you navigate the PDPA requirements, assess your current compliance readiness, and implement practical solutions that protect both your regulatory standing and business interests.

        Reach out to ensure your organisation is prepared for Malaysia’s enhanced personal data protection landscape. 

        shen-ming-casual

        Wong Shen Ming

        Shen Ming is a corporate and commercial lawyer who is deeply committed to supporting her clients in achieving their business goals. Specialising in commercial and employment law, she demonstrates her expertise by crafting and reviewing various types of commercial agreements.

        View her full profile here.

        Let us know how we can support your business

        Contact Us illustration
        Drop us a message and let us better understand your needs. Get your first consultation within 24-hours, absolutely free of charge.

        Leave a Comment

        Your email address will not be published. Required fields are marked *

        ultimate guide to MOUs For Loan Agreements

        A Quick Guide To MOUs For Loan Agreements 

        In business, it’s common for companies or friendly parties to support each other with short-term or strategic loans using a Loan Agreement.  In such cases, parties may prefer to begin

        Want more content like this?

        Drop us your email and be the first to know when we have more informative contents on the latest legal updates, just like this one.

        A boutique corporate & commercial law firm in Kuala Lumpur.

        FREE Legal Updates

        Sign up for our newsletter to get the latest updates, happenings and goodies!
        We don't spam, promise.
        Global Chamber of Business Leaders logo - Light

         © Copyright 2025, Edwin Lee & Partners (Reg No.: 000020008633)

        Edwin Lee & Partners is a Malaysian law firm registered with the Malaysian Bar and is regulated under the Legal Profession Act 1976. 
        Click here to see our certificate of registration

        Responsibilities of Executor:

        • Apply for and extract the grant of probate.
        • Make arrangements for the funeral of the deceased.
        • Collect and make an accurate inventory of the deceased’s assets.
        • Settling the debts and obligations of the deceased.
        • Distributing the assets.

        Note for Digital Executor:
        If you wish to leave your digital assets to certain people in your Will, there are important steps that need to be taken to ensure that your wishes can be carried out:

        • Keep a note of specific instructions on how to access your username and password of your digital asset.
        • You are advised to store these private and confidential information in a USB stick, password management tool or write them down.
        • Please inform your executor or a trusted person of the whereabouts of the tools so that they will have access to your digital asset.