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PDPA Compliance Checklist for Malaysian Businesses
A practical guide to protecting personal data and complying with Malaysia's Personal Data Protection Act 2010
By GRC Team•November 28, 2024•8 min read
The Personal Data Protection Act 2010 (PDPA) governs the processing of personal data in Malaysia. Non-compliance can result in fines up to RM500,000 and imprisonment. Use this comprehensive checklist to assess and improve your organization's PDPA compliance.
PDPA Penalties
- • Fine up to RM500,000 for non-compliance
- • Imprisonment up to 3 years
- • Both fine and imprisonment in serious cases
- • Reputational damage and loss of customer trust
Data Collection
- Obtain consent before collecting personal dataREQUIRED
- Inform data subjects of the purpose of collectionREQUIRED
- Collect only data necessary for stated purposesREQUIRED
- Maintain records of consent obtainedREQUIRED
- Implement opt-in mechanisms for marketing communicationsREQUIRED
Data Processing
- Process data only for purposes disclosed at collectionREQUIRED
- Ensure accuracy of personal data maintainedREQUIRED
- Implement data retention policiesREQUIRED
- Destroy data when no longer requiredREQUIRED
- Maintain processing records and audit trailsREQUIRED
Data Security
- Implement appropriate technical security measuresREQUIRED
- Control access to personal dataREQUIRED
- Encrypt sensitive personal dataREQUIRED
- Conduct regular security assessmentsREQUIRED
- Train staff on data protection responsibilitiesREQUIRED
Data Subject Rights
- Enable data subject access requestsREQUIRED
- Allow correction of inaccurate dataREQUIRED
- Process withdrawal of consent requestsREQUIRED
- Respond to requests within 21 daysREQUIRED
- Maintain records of requests and responsesREQUIRED
Third Parties & Transfers
- Ensure third parties comply with PDPAREQUIRED
- Include data protection clauses in contractsREQUIRED
- Obtain consent for cross-border transfersREQUIRED
- Verify adequate protection in receiving countriesREQUIRED
- Maintain records of third-party disclosuresREQUIRED
Governance
- Register with PDP Commissioner (if required)REQUIRED
- Appoint a data protection officer
- Develop and maintain a privacy policyREQUIRED
- Conduct regular compliance auditsREQUIRED
- Establish breach notification proceduresREQUIRED
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