Pdpa Clause in Agreement Malaysia

Публикувана на 15.04.2022

If you`re a business owner or working in a company or organization in Malaysia, you`re likely familiar with the Personal Data Protection Act (PDPA). This law aims to protect the privacy and personal data of individuals by regulating the collection, use, and disclosure of their personal data. As such, it`s crucial that businesses and organizations comply with the PDPA, as non-compliance can lead to hefty fines or even imprisonment.

One way to ensure compliance with the PDPA is to include a PDPA clause in your agreement or contract with customers, clients, or third-party service providers. This clause outlines the parties` obligations and responsibilities under the PDPA and can help prevent any potential breaches or violations of the law.

So, what should a PDPA clause in an agreement look like? Here are some key elements to consider:

1. Purpose of the clause: Start by clearly stating the purpose of the PDPA clause in the agreement. For example, “The purpose of this clause is to ensure compliance with the Personal Data Protection Act 2010 and to protect the privacy and personal data of individuals.”

2. Scope of the clause: Specify which parties the PDPA clause applies to, such as the business or organization, its employees, agents, contractors, and any third-party service providers.

3. Collection and use of personal data: Outline the conditions under which personal data can be collected, stored, processed, and used. This includes obtaining consent from individuals and ensuring that their personal data is accurate, up-to-date, and only used for the purposes for which it was collected.

4. Disclosure of personal data: Specify the circumstances under which personal data can be disclosed to third parties, such as when required by law or with the individual`s consent. Ensure that any third-party service providers who have access to personal data are also bound by the PDPA.

5. Security measures: Detail the security measures in place to protect personal data from unauthorized access, disclosure, or misuse. This includes physical, technical, and organizational measures, such as encryption, access controls, and staff training.

6. Breach notification: Specify the procedures to be followed in the event of a personal data breach, including notifying affected individuals and the relevant authorities within the prescribed time frame.

7. Termination of agreement: Outline the conditions under which the PDPA clause and the agreement as a whole can be terminated, such as non-compliance with the PDPA.

By including a comprehensive PDPA clause in your agreement, you can demonstrate your commitment to protecting personal data and comply with the requirements of the law. As always, it`s essential to seek legal advice when drafting or reviewing any contractual agreement.

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