Malaysia’s PDPA
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Malaysia’s Personal Data Protection Act (PDPA) was passed by the Parliament of Malaysia on 2 June 2010. The PDPA sets out a complete cross-sectoral framework to protect the personal data of individuals with respect to commercial transactions. The PDPA applies to any person or data user (organization) who processes or has control over a data subject’s personal data. The PDPA aims to avoid any misuse of individuals’ personal data.
Malaysia’s Personal Data Protection Act was implemented on November 15, 2013.
The solution
Securiti empowers organizations across the globe to ensure smooth compliance with Malaysia’s PDPA with its AI-driven data discovery, DSR automation, universal consent management, autonomous documented accountability, data breach management, and vendor risk assessment functionality.
Securiti enables enterprises and supports them in their journey towards compliance with Malaysia’s PDPA through automation, enhanced data visibility, and identity linking.
See how our comprehensive PrivacyOps platform helps you comply with various sections of Malaysia’s PDPA.
Automate data subject request handling
Division: 4; Article: 44(1)
Data subjects have multiple rights as stated in Malaysia's PDPA. Data subjects must be informed of the use of their personal data and can access their data held by an organization. To act per the PDPA, organizations must streamline the initiation of verified DSR requests.
Secure fulfillment of data access requests
Articles: 12, 30,31, 32, 33
Conveniently disclose the required information to the data subjects free of charge via the secure, centralized portal. Automating the delivery and generation of secure data access reports minimizes the risk of any compliance violations.
Automate the processing of rectification requests
Articles: 11, 34, 35, 36, 37
Seamlessly fulfill all data rectification requests with automated data subject verification and rectification workflows across all appearances of a subject’s personal data.
Automate object and restriction of processing requests
Articles: 42, 43
With the help of collaborative workflows, create a customized framework for objection and restriction of data processing handling following your business requirements.
Automate erasure/destroy/anonymize requests
Conveniently manage erasure/destroy/anonymize requests through flexible and automated workflows.
Monitor and track consent
Articles: 6(1),7, 8, 38, 40(1)
Routinely monitor and track consent of data subjects to prevent any illegal transfer or processing of data without the user’s consent. Continuously validate consent compliance to regulators and data subjects for swift action.
Continuous monitoring and tracking
Articles: 5, 6, 44
Keep a birds-eye view of potential risks against non-compliance to data subjects’ rights and other organizational obligations by routinely monitoring and scanning personal consumer data.
Assess PDPA readiness
Articles: 2, 5,6, 9,10,11,12,14,20,23, 40
With the help of our multi-regulation, collaborative, readiness, and data protection impact assessment system, you can gauge your organization's posture against PDPA requirements, identify the gaps, and address the risks. Seamlessly being able to expand assessment capabilities across your vendor ecosystem to maintain compliance against PDPA.
Map data flows and generate reports
Articles: 44(1), 129
Conveniently trace, manage, and monitor data flows from a single interface. Generate reports to gain comprehensive visibility of all data points, any cross-border data transfers, vendor contracts, and compliance documents.
Automate breach response notifications
Consultation Paper 1/2018: The Implementation of Data Breach Notification
Automate compliance actions and breach notifications to concerned stakeholders regarding any data breach incidents by leveraging a knowledge database on security incident diagnosis and response.
Manage vendor risk
Article: 9(2)
Keep a close track of privacy and security readiness for all your service providers and processors via a single interface. Collaborate directly with vendors, automate data requests and deletions, and manage all vendor contracts and compliance documents.
Meet cookie compliance
Articles: 6(1),7, 8, 38
Automatically scan the web properties within your organization, categorizing tags and cookies. Also, build customizable cookie banners, collect consent, and provide a preference center.
Privacy policy and notice management
Article:7
Dynamically update privacy policies and notices to comply with the PDPA. Automate how you publish your privacy notices with the help of pre-built templates to make the process faster. Also, enable centralized management by tracking and monitoring privacy notices in order to maintain compliance.
Data Subject Rights Under Malaysia’s Personal Data Protection Act
Right to be Informed: Data users must inform data subjects by written notice of any matters relating to the processing information of the data subject.
Right to Access: Data subjects have the right to access their data and correct it if found inaccurate, incomplete, misleading, or outdated. Data users must acknowledge receipt of a data access request.
Right to correction: Data subjects have the right to rectification of their personal data if it is found inaccurate, incomplete, misleading, or outdated. Data users must acknowledge receipt of a data correction request.
Right to opt-out: A data subject can withdraw consent for the processing of his/her personal data at any time by way of written notice.
Right to prevent processing: With written notice, a data subject can withdraw consent for the processing of his/her personal data if it might cause them any damage or distress.
Quick Facts about PDPA
The Personal Data Protection Commissioner is the acting and responsible regulatory authority in Malaysia for implementing and executing PDPA.
The purpose of PDPA is to strengthen consumer confidence in business transactions and e-commerce by seeking user consent to sell their personal data.
Certain classes of data users are required to register under the PDPA. Data users are also required to display their certificate of registration at a conspicuous place at their principal place of business, and a copy of the certificate at each branch, where applicable.
Penalties for non-compliance with the PDPA attract a fine of up to MYR 300,000 and/or two years imprisonment. The unlawful collection, disclosure, and sale of personal data attract a fine of up to MYR 500,000 and/or up to three years imprisonment.
The PDPA does not apply to any personal data processed outside Malaysia unless the data is intended to be further processed in Malaysia.
At Securiti, our mission is to enable enterprises to safely harness the incredible power of data and the cloud by controlling the complex security, privacy and compliance risks.
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