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July 2017
LAW Newsletter

Legal Topic

PDPA Alert: Proposed Changes Affecting the Transfer of Personal Data Outside Malaysia

By Lee Lin Li
Tay & Partners
Kuala Lumpur, Malaysia

The Malaysian Personal Data Protection Act 2010 ("the Act") places restrictions on the transfer of personal data outside Malaysia unless it is: to a jurisdiction which has been approved under Section 129(1); or one of the conditions set out in Section 129(3) of the Act is satisfied. 

To date, no jurisdictions have been approved under Section 129(1). 
On 4 April 2017, the Personal Data Protection Commission issued a public consultation setting out jurisdictions which it is considering recommending to be approved under Section 129(1) as places to which personal data may be transferred outside Malaysia (the proposed “Whitelist”). 
The consultation document is available at: www.pdp.gov.my/images/pdf_folder/PUBLIC_CONSULTATION_PAPER_1-2017_.pdf

As the proposed Whitelist is at public consultation stage, it has no force of law. The Commissioner has invited comments which may be submitted from now until 4 May 2017. 
The proposed Whitelist includes:

  • Andorra
  • Argentina
  • Australia
  • Canada
  • China
  • Dubai International Financial Centre (DIFC)
  • European Economic Area (EEA) member countries
  • Faroe Islands
  • Guernsey
  • Hong Kong
  • Isle of Man
  • Israel
  • Japan
  • Jersey
  • Korea
  • New Zealand
  • Philippines
  • Singapore
  • Switzerland
  • Taiwan
  • United Kingdom
  • United States of America
  • Uruguay

If you have any queries or require more information, please contact Lee Lin Li at linli.lee@taypartners.com.my.

Disclaimer: The above article is not legal advice and is provided for informational purposes only. The information provided is to identify current legal issues, which you may be interested in. Because laws change constantly, the content of the article may not reflect the changes or the complete aspects of the law. Any of its content should not be construed as legal advice from Lawyers Associated Worldwide or from Tay & Partners.