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InsiderTAPS (7 April 2017)

PDPA Alert: Proposed changes affecting the transfer of personal data outside 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:


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

Contact us

If you have any queries or require more information, please feel free to get in touch with us.

Lee Lin Li
Partner
+603 2050 1898
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