Navigating the Personal Data Protection (Amendment) Act 2024 with VENOVOX!

The data protection landscape in Malaysia is evolving with the introduction of the Personal Data Protection (Amendment) Act 2024 (PDPA 2024). At VENOVOX, we manage large volumes of personal data and have consistently ensured compliance with PDPA 2013. Now, we are committed to aligning with the latest regulatory requirements under PDPA 2024.

The new guidelines and circulars on the Appointment of Data Protection Officers (DPOs) and Data Breach Notification provide much-needed clarity on compliance obligations.

As a company that regularly processes vast amounts of personal data, VENOVOX is required to appoint a DPO. However, not all organizations fall under this obligation. A DPO is mandatory only if a company:

? Processes personal data of 20,000 or more data subjects.

? Handles 10,000 or more sensitive personal data records.

? Conducts regular and systematic monitoring of personal data.

Given the nature of their operations, many organizations may exceed these thresholds. Conducting a preliminary assessment of data processing activities is a crucial first step toward compliance.

A DPO can be an internal employee or outsourced to a third-party service provider. However, the appointed individual must be a resident of Malaysia. For companies lacking internal expertise, outsourcing to legal or data consultancy firms is a viable option.

While there are no formal academic requirements, a DPO must possess:

? Expertise in the Personal Data Protection Act (PDPA) and relevant legislation.

? A deep understanding of the organization’s business model and data workflows.

? Technical proficiency in data security and IT practices.

? High standards of integrity, corporate governance, and professional ethics.

? The ability to cultivate a strong culture of data protection within the organization.

A DPO’s primary duties include advising the company on data protection laws and ensuring compliance. DPO is also required to act as the primary liaison with the Personal Data Protection Commissioner, and manage data breaches, including documentation and reporting. Once a DPO is appointed, organizations must notify the Commissioner within 21 days. Failure to register the appointment may result in regulatory penalties.

If a breach meets the reporting threshold, organizations must notify the Personal Data Protection Commissioner within 72 hours of becoming aware of the incident. In case further investigation is needed, a delayed report may be submitted with a written justification and supporting evidence. Subsequently, if a DPO is appointed, they must act as the primary point of contact for the Commissioner. In the event no DPO is in place, a senior authorized representative must assume this responsibility. Ultimately, all affected data subjects must be informed within seven days of notifying the Commissioner, ensuring timely and transparent communication.

At VENOVOX, we handle sensitive personal data, and the new guidelines clarify our obligations and timelines for reporting data breaches. Breaches involving client records, financial information, or identity documentation often meet the reporting criteria, making it essential for background verification companies to proactively manage data breach risks.

Conclusion

The Personal Data Protection (Amendment) Act 2024 represents a significant shift in Malaysia’s approach to data protection and cybersecurity. By proactively complying with these new regulations, companies can protect sensitive data, maintain client trust, and mitigate regulatory risks.

If your organization requires expert assistance with DPO services or data protection compliance, VX specializes in guiding background verification firms through Malaysia’s complex data protection framework.