Personal Data Protection (Amendment) Act 2024 - Portal for Registration of Data Protection Officer

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​​​​​​Following the Personal Data Protection Guideline for the appointment of data protection officer (“DPO”) (“Guideline”) dated 25 February 2025, the Department of Personal Data Protection has launched the DPO registration portal for the notification of the appointment of DPO to the Personal Data Protection Commissioner (“Commissioner”) as required by the Guideline. 
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The portal can be accessed here​. The notification together with the business contact information of the DPO must be submitted within 21 days from the date of appointment.
     
In summary, the Guideline requires a data controller and data processor to appoint at least one DPO if they meet either one of the following conditions: 
  1. Processes personal data of more than 20,000 data subjects; 
  2. Processes sensitive personal data including financial information, biometric data or health data of more than 10,000 data subjects; or
  3. Involve activities that required regular and systematic monitoring of personal data.  

    

Appointment 

A DPO can be appointed from existing employees or through outsourcing. The data controller and data processor are required to ensure that the appointed DPA possesses the minimum skills listed below: 

  1. Knowledge of the Personal Data Protection Act 2010;
  2. Understanding of the business and operations and personal data processing of the data controller and data processor;
  3. Understanding of information technology and data security; 
  4. Personal qualities such as integrity, understanding of corporate governance and high professional ethics; and 
  5. Ability to promote data protection culture within the organization.
      

Responsibilities

A DPO is responsible for carrying out the following: 
  1. Inform and provide advice to the data controller or data processor on the processing of personal data;
  2. Support the data controller or data processor in complying with the Personal Data Protection Act 2010 and other related data protection laws including staying updated on processing risks that may impact the data controller or data processor; 
  3. Support the conduct of data protection impact assessments; 
  4. Monitor the personal data compliance of the data processor or data controller; 
  5. Ensure proper data breach and security incident management; 
  6. Act as a facilitator and point of contact for data subjects; and 
  7. Act as the liaison officer and the point of contact for the Personal Data Protection Commissioner. 
     
To ensure responsiveness and accessibility, it is required that the DPO resides in Malaysia (physically present in Malaysia for at least 180 days in one calendar year) or is easily contactable via any means and is proficient in Bahasa Melayu and English. 
    

Our opinion

Data controllers and data processors that fall under the mandatory DPO appointment criteria should act swiftly to ensure compliance with the new requirements. ​​​​​

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