Foong Cheng Leong

Author: FCL

  • BFM Podcast: THE MYSEJAHTERA APP: WHO OWNS WHAT?

    The MySejahtera saga continues with uncertainty over the ownership of the app. Foong Cheng Leong, Intellectual property and information technology lawyer helps us untangle this complex web, reminding us of the importance of contracts. Produced by: Moh Heng YingPresented by: Wong Shou Ning, Tan Chen Li, Philip See

  • Enforceability of Hyperlinked Electronic Contracts in Malaysia

    I am happy to share this article I co-authored with my former interns Mira Marie Wong and Nur Faiqah Nadhra Mohamad Faithal. This article was initially published as one of my Bread & Kaya articles on Digital News Asia. I have updated it for it to be published by Sweet & Maxwell in its The Law Review 2021.

  • Singapore’s First Action against Unknown Persons on Cyberspace

    I am happy to announce that my book “Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law” was recently featured in the Singapore High Court case of CLM v CLN and others [2022] SGHC 46. The case had referred to our High Court case of Zschimmer & Schwarz GmbH & Co KG Chemische Fabriken v…

  • Does Malaysia have laws to nix ‘offensive’ brand names or ones that cause ‘public anxiety’? Lawyers explain

    I was asked by The Malay Mail to give my thoughts on the issue of the word TIMAH by a local whisky brand. The Government has asked the brand owner to consider to change its brand name in view of the alleged public outcry over the use of a Malay word for an alcoholic product.…

  • BFM Podcast: SONG CATALOGUES UP FOR SALE

    Once upon a time, it was considered totally unacceptable for musicians to even consider selling their song catalogues, but now, we see a trend of musicians, especially the senior ones, doing so. Some have cited estate planning as one of the reasons for doing this, but surely, these songs have value too and can be…

  • BFM Podcast: FACEBOOK HIT BY HOURS-LONG OUTAGE

    Last night, Facebook, Instagram and Whatsapp all went down for six hours. We look at the lessons to be learnt from the unprecedented blackout. Produced by: Tasha Fusil, Raihanna AzwarPresented by: Sharmilla Ganesan, Lee Chwi Lynn

  • 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…

  • Virtual Conference on Corporate and Commercial Law (6 to 10 Sept 2021)

    I will be speaking in the 4th session on the topic “Digital/Electronic Signature Legislation and Developments” together with Satish Ramachandran and Azrul Abdul Hamid on 7 September 2021. In this session, we will share the history and current development of digital or electronic signature in Malaysia. Do check out the other sessions by the other…

  • The other side of tech

    I was asked by The Edge Malaysia to comment on the collection of personal data by the Malaysian Government, particularly, the data submitting by individuals in compliance with pandemic control related laws. I said- Currently, the PDPA [Personal Data Protection Act 2010] does not apply to the government. This should be addressed, adds Foong Cheng…

  • How much information can be revealed with your IC number?

    I was asked by Malaysiakini to comment on the availability of a person’s identity card number to other members of the public, particularly, by the Government to the members of the members of the public. Open data convenient for public to access In Malaysia, it is not difficult to obtain another person’s IC number as…