Pursuant to Section 7 of the Personal Data Protection Act 2010 ("PDPA") (Notice and Choice Principle), the Personal Data Protection Department (Jabatan Perlindungan Data Peribadi or "JPDP") has recently issued a Guide to Prepare Personal Data Protection Notice ("Guidance Note"). The Guidance Note guides data users in preparing simple but comprehensive personal data protection notices ("privacy notices") which are aligned with the current business ecosystem and the personal data protection landscape in Malaysia.
This update provides a brief summary of the Guidance Note, which among others, clarifies the existing requirements on privacy notices under the PDPA, and provides for additional requirements for the preparation and implementation of privacy notices. While it has not been expressly stated whether the requirements under the Guidance Note are compulsory or recommended best practices, all data users should review and reassess their existing privacy notices and make any necessary amendments to ensure they are in compliance with the Notice and Choice Principle as well as the Guidance Note.
