Malaysia PDPA 2010
Malaysia's Personal Data Protection Act 2010 (Act 709) as amended by Act A1727, for anyone processing personal data in commercial transactions: seven principles now binding processors on security, biometric data as sensitive data, mandatory data protection officers above 20,000 data subjects, 72-hour breach notification to the Commissioner and 7-day notice to data subjects, data portability, whitelist-free cross border transfers backed by transfer impact assessments, registration for listed sectors, the 2015 security, retention and integrity standard, DPIA and automated decision-making guidance, and fines up to RM1 million. Built from the Act, its amending Act and the Commissioner's own instruments.
Malaysia PDPA 2010 is a compliance framework from Malaysia with 9 domains and 46 controls that map to 125 other frameworks. The largest domains are Part II Division 4: rights of data subjects (sections 30 to 44) – Malaysia PDPA 2010 (10 controls), Part II Division 1: the Personal Data Protection Principles (sections 5 to 12) – Malaysia PDPA 2010 (9 controls), Regulations 2013 and Standard 2015: consent, disclosure list, security, retention and integrity standards – Malaysia PDPA 2010 (8 controls). Every control below carries what it requires and what an assessor expects to see.
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Framework Domains (9)
Commissioner's guidelines of 2026: DPIA, automated decision-making and profiling, data protection by design – Malaysia PDPA 2010
| Code | Title |
|---|---|
| malaysia-pdpa-2010::ADMP-9 | ADMP Guideline paras. 6 and 9: DPIA for automated decision-making and profiling, notice of it, and an easy way to withdraw consent |
| malaysia-pdpa-2010::DPIA-7 | DPIA Guideline para. 7 (under Circular 1/2025 para. 5(1)(d)): carry out a DPIA where processing is likely to result in high risk |
| malaysia-pdpa-2010::DPIA-8 | DPIA Guideline paras. 8 to 12: the five-step DEICA method, senior management sign-off, two-year validity and records |
| malaysia-pdpa-2010::DPbD | Data Protection by Design Guideline: build the seven principles into the whole processing lifecycle |
Offences, inspection, complaints and enforcement – Malaysia PDPA 2010
| Code | Title |
|---|---|
| malaysia-pdpa-2010::130 | Section 130: never obtain, disclose, buy or sell personal data held by another data controller without its consent |
Part I: application and scope – Malaysia PDPA 2010
| Code | Title |
|---|---|
| malaysia-pdpa-2010::2(3) | Section 2(3): a person using equipment in Malaysia but not established there nominates a Malaysian representative |
Part II Division 1: the Personal Data Protection Principles (sections 5 to 12) – Malaysia PDPA 2010
| Code | Title |
|---|---|
| malaysia-pdpa-2010::10 | Section 10: retention no longer than necessary and destruction or permanent deletion when no longer required |
| malaysia-pdpa-2010::11 | Section 11: accurate, complete, not misleading and up-to-date data |
| malaysia-pdpa-2010::6(1)-(2) | Section 6(1) and (2): consent, or one of the six statutory grounds, before processing; sensitive data only under section 40 |
| malaysia-pdpa-2010::6(3) | Section 6(3): lawful purpose directly related to the controller's activity, necessity and adequacy without excess |
| malaysia-pdpa-2010::7(1) | Section 7(1): written notice to the data subject with the eight required items, including the contact details in regulation 4 |
| malaysia-pdpa-2010::7(2)-(3) | Section 7(2) and (3): notice at first request or collection, or before a new use or third-party disclosure, in Malay and English |
| malaysia-pdpa-2010::8 | Sections 8 and 39: no disclosure beyond the collection purpose or the notified classes of third parties without consent or a section 39 ground |
| malaysia-pdpa-2010::9(1) | Section 9(1): practical security steps by data controllers and data processors, having regard to five factors |
| malaysia-pdpa-2010::9(2) | Sections 9(2) and 5(1a): data processors give sufficient security guarantees and are directly liable under the Security Principle |
Part II Division 1A: accountability (data protection officer and data breach notification, from 1 June 2025) – Malaysia PDPA 2010
| Code | Title |
|---|---|
| malaysia-pdpa-2010::12A(1)-(2) | Section 12A(1), (2) and (4) with Circular 1/2025: appoint a data protection officer when the Commissioner's conditions are met |
| malaysia-pdpa-2010::12A(3) | Section 12A(3): notify the Commissioner of the DPO within 21 days through SPDP and update changes within 14 days |
| malaysia-pdpa-2010::12B(1) | Section 12B(1) and Circular 2/2025: notify the Commissioner of a notifiable personal data breach within 72 hours |
| malaysia-pdpa-2010::12B(2) | Section 12B(2): notify affected data subjects of a significant-harm breach within 7 days of notifying the Commissioner |
| malaysia-pdpa-2010::DBN-11 | DBN Guideline paras. 11 to 13 and Circular 2/2025 paras. 6 and 7: breach response plan, processor obligations, assessment and root-cause remediation |
| malaysia-pdpa-2010::DBN-14 | DBN Guideline para. 14 and Circular 2/2025 para. 4(7): a breach register kept at least two years, including breaches not notified |
| malaysia-pdpa-2010::DPO-GL | DPO Guideline paras. 8 to 16: DPO duties, independence, involvement, resources, dedicated mailbox, published contact and records |
Part II Division 4: rights of data subjects (sections 30 to 44) – Malaysia PDPA 2010
| Code | Title |
|---|---|
| malaysia-pdpa-2010::30-31 | Sections 12, 30 and 31 with regulation 9: data access requests answered within 21 days (plus 14 with written reasons) |
| malaysia-pdpa-2010::32-33 | Sections 32 and 33 with regulation 10: refusing an access request only on a listed ground and notifying the refusal within 21 days |
| malaysia-pdpa-2010::34-35 | Sections 34 and 35 with regulation 11: correcting data within 21 days, telling recent third-party recipients, transferring to a better-placed controller |
| malaysia-pdpa-2010::36-37 | Sections 36 and 37: refusing correction only on a listed ground, with a note annexed to disputed opinions |
| malaysia-pdpa-2010::38 | Section 38: stop processing when consent is withdrawn by written notice |
| malaysia-pdpa-2010::40 | Section 40: sensitive personal data (including biometric data since 1 April 2025) only with explicit consent or a listed necessity |
| malaysia-pdpa-2010::42 | Section 42: responding within 21 days to a notice to stop processing likely to cause substantial damage or distress |
| malaysia-pdpa-2010::43 | Section 43: stop processing for direct marketing on written notice |
| malaysia-pdpa-2010::43A | Section 43A: data portability on an electronic written request, subject to technical feasibility and format compatibility |
| malaysia-pdpa-2010::44 | Section 44: records of applications, notices, requests and other information |
Part II Divisions 2 and 3: registration of data controllers and codes of practice – Malaysia PDPA 2010
| Code | Title |
|---|---|
| malaysia-pdpa-2010::14-16 | Sections 13 to 16, the Class of Data Users Order and Circular 1/2026: register as a data controller if in a specified class |
| malaysia-pdpa-2010::17-19 | Sections 17 to 19: renew the certificate no later than 90 days before expiry; stop processing and surrender the certificate on revocation |
| malaysia-pdpa-2010::25 | Sections 25(2) and 29: comply with the registered code of practice for the controller's class |
Regulations 2013 and Standard 2015: consent, disclosure list, security, retention and integrity standards – Malaysia PDPA 2010
| Code | Title |
|---|---|
| malaysia-pdpa-2010::R14 | Regulation 14: personal data systems open to inspection and records producible for each principle |
| malaysia-pdpa-2010::R3 | Regulation 3 of the 2013 Regulations: consent recorded and maintained, presented distinctly, from a parent for under-18s, burden on the controller |
| malaysia-pdpa-2010::R5 | Regulation 5: a maintained list of disclosures to third parties |
| malaysia-pdpa-2010::R6 | Regulation 6: a security policy complying with the Commissioner's security standard, extended to processors |
| malaysia-pdpa-2010::STD-4 | Standard 2015 para. 4: security standard for personal data processed electronically (fourteen items) |
| malaysia-pdpa-2010::STD-5 | Standard 2015 para. 5: security standard for personal data processed non-electronically |
| malaysia-pdpa-2010::STD-6 | Standard 2015 para. 6: retention standard (disposal records, 14-day form disposal, 24-month inactive data schedule) |
| malaysia-pdpa-2010::STD-7 | Standard 2015 para. 7: data integrity standard (update forms, prompt correction, supporting documents, notification of updates) |
Section 129 and Guideline 3/2025: cross border personal data transfer – Malaysia PDPA 2010
| Code | Title |
|---|---|
| malaysia-pdpa-2010::129(2) | Section 129(2) with Guideline 3/2025: transfer abroad where the place has a substantially similar law or adequate protection, supported by a transfer impact assessment |
| malaysia-pdpa-2010::129(3) | Section 129(3) with Guideline 3/2025: the seven alternative transfer grounds, including due diligence through BCRs, contractual clauses or certification |
| malaysia-pdpa-2010::CBPDT-16 | Guideline 3/2025 paras. 4.3, 14 to 16: tell data subjects about transfers, secure the transfer, bind recipients, keep transfer records |
Your Compliance Coverage
If you comply with Malaysia PDPA 2010, you already cover:
Turkey KVKK
13%
7 controls mapped
Compare →Privacy Act 1988 (Australia)
13%
7 controls mapped
Compare →Montana Consumer Data Privacy Act
13%
7 controls mapped
Compare →+ 122 more: Minnesota Consumer Data Privacy Act (13%), Mexico LFPDPPP (13%)
See all 125 mapped frameworks ↓Maps to 125 other frameworks
Coverage is not the same as your position
This page shows what Malaysia PDPA 2010 overlaps with in general. Where your organisation actually stands, against the standard you are going for and the certifications you already hold, is a different question. Same graph and the same recorded refutations, scoped to you rather than to a pair.
The Compliance Position Diagnostic, $5,000 fixed, ten business daysWhat is Malaysia PDPA 2010 and who does it apply to?
Malaysia PDPA 2010 is a compliance framework from Malaysia with 9 domains and 46 controls. Malaysia's Personal Data Protection Act 2010 (Act 709) as amended by Act A1727, for anyone processing personal data in commercial transactions: seven principles now binding processors on security, biometric data as sensitive data, mandatory data protection officers above 20,000 data subjects, 72-hour breach notification to the Commissioner and 7-day notice to data subjects, data portability, whitelist-free cross border transfers backed by transfer impact assessments, registration for listed sectors, the 2015 security, retention and integrity standard, DPIA and automated decision-making guidance, and fines up to RM1 million. Built from the Act, its amending Act and the Commissioner's own instruments. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does Malaysia PDPA 2010 actually require?
Malaysia PDPA 2010 has 46 controls organised across 9 domains. The largest domains are Part II Division 4: rights of data subjects (sections 30 to 44) – Malaysia PDPA 2010 (10 controls), Part II Division 1: the Personal Data Protection Principles (sections 5 to 12) – Malaysia PDPA 2010 (9 controls), Regulations 2013 and Standard 2015: consent, disclosure list, security, retention and integrity standards – Malaysia PDPA 2010 (8 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of Malaysia PDPA 2010 do I already cover?
Malaysia PDPA 2010 maps to 125 other compliance frameworks. The top mapping partners are Turkey KVKK (13% coverage), Privacy Act 1988 (Australia) (13% coverage), Montana Consumer Data Privacy Act (13% coverage). Use our comparison tool to explore control-level mappings between frameworks.
How do I implement Malaysia PDPA 2010?
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