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4 月

Data Protection Clause In Agreement Malaysia

With respect to the first condition, PDPA`s “commercial transactions” are defined as commercial transactions and include all issues related to the supply or exchange of goods or services, agencies, investments, financing, banks and insurance. At present, it is not clear whether a working relationship is considered a commercial activity and that employment information is within the scope of the PDPA. The definition of “personal data” appears to be broad enough to cover the usual types of personal data collected in daily transactions. B such as name, address, phone number, email address, bank details and photos. Also note that if personal data is processed by a data user for the prevention or detection of criminal offences or investigation purposes; (ii) the arrest or prosecution of criminal offenders; or (iii) the taxation or collection of taxes or any other similar constraint, the data user is exempt from the general principle, the principle of advertising and selection, the principle of advertising and the principle of access. Under the principle of access, individuals have the right to access their personal data. An access request must be processed within 21 days of receiving the request. Access requests may be subject to a reasonable fee, with the maximum fee set in 2013 in accordance with personal data protection regulations (fees). There are a number of exceptions to this right, including whether it would result in disproportionate costs. The enforcement powers conferred on the PDP Commissioner and officials authorized under the PDPA include, among other things, the following powers: (i) search and seizure (with or without an arrest warrant); (ii) access to computer data; (iii) require the manufacture of computers, books, accounts, etc.; (iv) require the presence of persons with knowledge of a case; v) to investigate people with knowledge of a case; (vi) computers, books, accounts, etc. seized; and (vii) without an arrest warrant, any person reasonably alleged to have committed or attempted to commit an offence under the PDPA.

On March 18, 2019, Minister Mcm announced that the government was reviewing the PDPA to ensure that it was in line with global developments. The MCM strives to include key elements of the General Data Protection Regulation (EU) 2016/679 (`RGPD`) in the PDPA. Areas examined by the MCM include cross-border data transfers, notifications of data protection violations, and whether the government should be exempt from the PDPA. The PDPA does not grant any data portability rights. However, according to the principle of access, a person concerned who has requested access to his personal data processed by a data user has the right to provide a copy of that personal data in an understandable form. Since February 2020, enforcement action has been taken against five data users from different sectors, namely services, education, tourism and hospitals. Counter-measures and sanctions against data users in three sectors: (i) in the service sector, a private employment agency was charged in two separate cases and fined RM 10,000 for failing to register as a data user and for processing personal data without a registration certificate; (ii) in the education sector, in two separate cases, a private university was accused of not registering as a data user and of processing personal data without a registration certificate. A fine of 10,000 RM (and late, three months in prison) was imposed; and (iii) in the tourism and hospital sectors, a hotel has been accused of not registering as a data user and of processing personal data without a registration certificate.

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