Tag: Bread & Kaya

  • Bread & Kaya 2023: Noteworthy cyberlaw cases in 2023

    2023 was the year where many lawyers started to experiment with ChatGPT in their legal practice. In fact, some parts of this article were drafted with the assistance of ChatGPT where I had used it to summarise my cases below. However, many parts were imprecise and had to be corrected. These cases are additions to…

  • Bread & Kaya: Impact of the Cyber Security Bill 2024 on the Cybersecurity Industry in Malaysia

    By Foong Cheng Leong and Joanne Wong Min Min June 23, 2024 On 3 April 2024, the Cyber Security Bill 2024 (hereinafter referred to as the Bill or Act) was passed by Parliament. The Bill will be presented for Royal Assent and subsequently gazetted into law. (References to any sections herein shall be in reference…

  • Bread & Kaya: 2022 Cyberlaw cases of interest

    By Foong Cheng Leong 2022 saw the final appeal and incarceration of our former Prime Minister, Najib Razak. The result of his case caused effects on various laws including cyberlaw. One of them is the reliance of Facebook postings by the Chief Justice’s husband announcing his personal views made four years ago to recluse the…

  • Bread & Kaya: 2021 Cyberlaw cases in the recovery period

    By Foong Cheng Leong – Large increase of 40.6% in civil cyber cases between 2020 and 2021– Applying correct reasonable man test based on current development of society– Once a person clicks on a button agreeing to terms, such terms are binding– In a tiff over live streaming and streamers being poached by competitors– Leading…

  • Bread & Kaya: Practical tips to ensure your electronic contracts are enforceable

    By Foong Cheng Leong and Mira Marie Wong and Nur Faiqah Nadhra – Court decisions on thorny issues of hyperlinked agreements’ enforceability– Heavy price to pay for not reading online terms of any commercial agreement– 8 practical tips to ensure that your electronic contracts are enforceable– Tracking mechanism to track if counterparty accessed terms and…

  • Bread & Kaya : 2020 Cyberlaw Cases: Cyberlaw in the Covid-19 Era

    Since the Covid-19 pandemic, various aspects of our lives have been drastically changed to establish the new normal. The lockdown caused by the pandemic effectively closed our Courts for many months. Physical attendances were not allowed. Nevertheless, the Judiciary remained committed to ensuring the public’s access to justice. During the early days of the lockdown,…

  • Bread & Kaya: Malaysia’s first digital currency court case

    By Foong Cheng Leong December 17, 2019– Digital currencies can be used to raise funds, make purchases or traded online– Anyone operating a digital assets exchange platform must obtain approval from the SC DIGITAL currencies are a form of digital asset. They can be used to raise funds, purchase goods or services and even traded…

  • Bread & Kaya: 2018 Malaysia Cyber-law and IT Cases PT4 – Commercial cases

    By Foong Cheng Leong May 10, 2019 – 2018 saw the first decision on the liability of online marketplace providers– Damages can be granted in the case of a software delivery delay IN THIS last of a four-part series, I will focus on commercial cases in 2018. Short-term lodging – the Airbnb Effect An online…

  • Bread & Kaya: 2018 Malaysia Cyber-law and IT Cases PT3 – Cyber-crimes and -offences

    By Foong Cheng Leong May 3, 2019 IN THIS third of a four-part series, I will discuss cyber-crime cases and other cyber offences. Communications and Multimedia Act 1998 The establishment of Cyber Courts in the Kuala Lumpur Sessions Court saw the growth of judgements relating to the Communications and Multimedia Act 1998. In Pendakwa Raya lwn Dato’…

  • Bread & Kaya: 2018 Malaysia Cyber-Law And IT Cases – Cyber-Defamation

    By Foong Cheng Leong April 26, 2019 In cyber-defamation cases, the High Court has granted damages between RM50K to RM100K Court assumes that you have published something if it originates from your email, Facebook, etc IN THIS second, of a four-part series, I will talk about the rise of cyber-defamation. The number of cyber-related tort cases filed…