Enforcement of the Personal Data Protection Act 2010

The Malaysian Reserve reported that no date has been set for the enforcement of the Personal Data Protection Act 2010 (PDPA). The newly appointed Communication and Multimedia Minister Datuk Seri Ahmad Shabery Cheek stated that the PDPA will be enforced as soon as possible. However, he declined to be more specific as to the exact period or whether or not it will be enforced before the end of this year.

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One Response to Enforcement of the Personal Data Protection Act 2010
  1. JEONG CHUN PHUOC Reply

    “BIG COMPLIANCE IN THE AGE OF INNOVATION: PERSONAL DATA PROTECTION LAW IN MALAYSIA AND ASEAN REGION”
    Jeong Chun Phuoc.

    A. INTRODUCTION
    The PERSONAL DATA PROTECTION ACT 2010 (‘PDPA 2010’) was enforced within reasonable time by Malaysia commencing 15 Nov 2013. Despite its enforcement, the private sector is still in the dark. Many do not have in place any proper PDPA COMPLIANCE PROGRAM.

    The PDPA enforcement position adopted by Singapore is a good move in the right direction as well.

    B. COMPLIANCE ASSESSMENT
    Despite potential serious fines and penalties for PDPA violations and PDPA non-compliance, the attitude remains lackadaisical.

    C. PHASE 2 ENFORCEMENT
    In Phase 2 of the COMPLIANCE & ENFORCEMENT MODEL, strict enforcement and audit measures will be taken to enforce COMPLIANCE.

    D. CONCLUSION.
    Megatrend in PDPA protection will see full adoption and enforcement of PDPA protection within ASEAN region in particular, commencing ASEAN ECONOMIC COMMUNITY (AEC) 2015 and beyond.

    E. COMPLIANCE PROGRAM
    Organisations are strongly advised to establish an effective COMPLIANCE PROGRAM to ensure full compliance
    with PDPA ACT 2010 to avoid serious fines and penalties for non-compliance/violations under the PDPA 2010.

    ………………………………..
    JEONG CHUN PHUOC
    Adv CLI. Big Compliance and Big Law.
    He may be reached at jeongchunphuoc@gmail.com
    (this is his personal view)

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