Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 4 – Q4 2021 (Year in Review Edition)
 

Looking Back: 2021 and Gazing Into: 2022

Looking Back: 2021


Following the Malaysian Government's consistent efforts in 2020 to provide temporary relief and enact legislation to address the challenges and changes brought about by the COVID-19 pandemic, 2021 has seen a shift of emphasis to address different issues. These include early precedents on recently enacted laws and noteworthy case law involving high profile cases. These developments include:


  • the precedent on the liability of online intermediary platforms for third-party content;

  • the precedent on what constitutes criminal breach of trust and money laundering;

  • the precedent on the first corporate liability charge under the Malaysian Anti-Corruption Act 2009;

  • developments in the Competition Law following a decision by the Malaysian Competition Commission; and

  • enforcement trends for accounting fraud under the Capital Markets and Services Act 2007.

There have also been several cross-border legal updates in the areas of admiralty, shipping, and energy laws, such as:


  • the implementation of the Protocols on Court-to-Court communication and cooperation in Admiralty, Shipping and Cross-Border Insolvency matters; and

  • the issuance of the second edition of the Guide for Cross-Border Electricity Sales.

On the employment law front, the Industrial Relations (Amendment) Act 2020 and Employment (Amendment) Bill 2021 have led to discussions on the practicalities of their implementation and enforcement – something all organisations should be aware of.


The introduction of the Malaysia Digital Economy (MyDIGITAL) Blueprint is also expected to trigger a series of legal changes in the coming years including in the areas of personal data protection, telecommunications, competition, and intellectual property, starting with the revamp of the Content Code in the area of telecommunications law.


Gazing Into: 2022


In 2022, we expect to see developments in several areas of law including the following:


  • Employment & Benefits – Employment (Amendment) Bill 2021

  • Intellectual Property – Patent (Amendment) Bill 2021, the Copyright (Amendment) Bill 2021 and the Geographical Indications Bill 2021

  • Technology, Media & Telecommunications –Licensing Requirements Imposed on the Provision of Cloud Services in Malaysia 

  • Competition & Antitrust – Amendments to the Competition Act 2010  and the Competition Commission Act 2010 

Full Report


Click on the link below for the full report which provides summaries of the key legal developments related to the above areas.




Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Christopher & Lee Ong
Level 22, Axiata Tower ,
No. 9 Jalan Stesen Sentral 5
Kuala Lumpur Sentral,
50470 Kuala Lumpur, Malaysia
www.christopherleeong.com


Contacts:

Yon See Ting
Partner
D +603 2278 8311
F +603 2278 8322
see.ting.yon@christopherleeong.com

Lee Hock Chye
Managing Partner
D +603 2273 1919
F +603 2273 8310
hock.chye.lee@christopherleeong.com

Fiona Sequerah
Partner
D +603 7958 8310
F +603 7958 8311
fiona.sequerah@christopherleeong.com

Lim Wee Hann
Partner
D +65 62320606
wee.hann.lim@rajahtann.com

Yau Yee Ming
Partner
D +603 2278 8311
F +603 2273 8322
yee.ming.yau@christopherleeong.com

Kuok Yew Chen
Partner
D +603 7958 8310
F +603 7958 8311
yew.chen.kuok@christopherleeong.com

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