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07 June 2024On May 10, 2024, the Department of Personal Data Protection (PDP) published Circular Nº 1/2024 containing instructions for data users applying for registration under Section 15 of the Personal Data Protection Act 2010 (PDPA) or renewing their registration under Section 17 of the PDPA.
Data users must apply online for registration via the PDP's website. Data users must pay an annual fee when registering and when renewing their registration. The circular provides for the applicable rates according to the type of establishment that is applying for registration.
According to the circular, the PDP will check each application to ensure that all the information has been filled completely before approval.
The certificates can be valid for one or two years from of the day of payment of the fee. The request for renewal must be made no later than 90 days before the expiration of the certificate.
The circular notes that data users who are found to be processing personal data without a valid registration certificate are committing an offense under Section 16(4) of the PDPA and may be fined up to MYR 500,000 (approx. $106,570) or imprisoned for a period not exceeding three years, or both.
Data users who do not renew their certificates and continue to process personal data are committing an offense under Section 5(2) of the PDPA subject to a fine of no more than MYR 250,000 (approx. $53,290) or imprisonment for a period not exceeding two years, or both.
You can read the circular, only available in Malay, here.
