Under Malaysia’s Personal Data Protection Act 2010 (PDPA), organisations that process personal data are considered data controllers and are legally responsible for how that data is collected, used, stored and disclosed.
The checklist below highlights key steps Malaysian businesses should consider when reviewing their personal data protection compliance framework.
1. Privacy notices at all collection points
Under the PDPA, individuals must be informed about how their personal data will be collected and used. Data controllers should ensure that clear privacy notices are provided at the point where personal data is collected.
2. You know what personal data you hold
PDPA compliance begins with understanding what personal data your business collects and processes. Many organisations gather personal data through everyday operations, such as customer registrations, marketing activities, employee records, or supplier databases, without maintaining a clear overview of where that data is stored or how it is used.
3. Appropriate security measures in place
Under the PDPA, data controllers must take practical steps to protect personal data from loss, misuse, unauthorised access, disclosure or alteration. This obligation is reflected in the Security Principle, which requires organisations to implement reasonable security measures when handling personal data.
4. Employee access is properly controlled
Data controllers should ensure that access to personal data is restricted to authorised personnel who require the information for business purposes. Without proper access controls, this information could be viewed or copied by employees who do not need it for their roles.
5. Third-party providers are managed properly
Many businesses rely on external service providers that process personal data as part of their services. This may include payroll vendors, cloud storage providers, IT service providers, marketing platforms, or outsourced customer support services.
6. You have a personal data retention policy
Under the PDPA, personal data should not be kept longer than necessary for the purpose for which it was collected. In practice, many businesses continue to store personal data long after it is no longer required.
7. Ready for access and correction requests
Under the PDPA, individuals have the right to request access to their personal data and to request correction of personal data that is inaccurate, incomplete, or outdated. This obligation is reflected in the Access Principle.
PDPA-readiness diagnosis
The more items on this list readers can check off, the closer they are to PDPA compliance, and those who find three or more items unchecked are advised to treat them as a high priority considering the heavy penalties for PDPA non-compliance.
Businesses who want to handle PDPA compliance internally may want to see:
- whether you need to appoint a DPO
- PDPA compliance for marketing departments
- a full PDPA compliance framework
- cross-border data transfers
- PDPA-compliant AI use in businesses
- handling data breach notifications
That’s it from us, and we wish you a smooth PDPA compliance journey.
PDPA compliance in 90 days with ELP
If your business requires assistance in reviewing data protection practices, preparing privacy notices, or developing PDPA compliance frameworks, our team at ELP can help ensure your organisation’s data handling practices align with the requirements of the PDPA.
