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Privacy Notice Statement Template for Malaysia

A Privacy Notice Statement compliant with Malaysian law, specifically the Personal Data Protection Act 2010 (PDPA), is a mandatory document that outlines how an organization collects, uses, stores, and protects personal data. The document ensures transparency in data processing activities and informs individuals about their rights under Malaysian data protection law. It includes specific provisions required by the PDPA's seven principles and must be provided to data subjects at the point of data collection in both Bahasa Malaysia and English where necessary.

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What is a Privacy Notice Statement?

The Privacy Notice Statement is a fundamental document required under Malaysian law for any organization that collects and processes personal data in commercial transactions. This document is mandated by the Personal Data Protection Act 2010 (PDPA) and must be provided to individuals at the point of collecting their personal data. It serves as a transparent declaration of how an organization handles personal information, including collection purposes, processing methods, disclosure practices, and security measures. The notice must address the PDPA's seven principles and should be updated regularly to reflect any changes in data handling practices or legal requirements. In Malaysia's multicultural context, organizations often need to provide this notice in multiple languages to ensure effective communication with all data subjects.

What sections should be included in a Privacy Notice Statement?

1. Introduction: Overview of the organization and purpose of the privacy notice

2. Definitions: Key terms used throughout the privacy notice

3. Types of Personal Data Collected: Comprehensive list of personal data categories collected

4. Purpose of Collection: Detailed explanation of why personal data is collected and how it will be used

5. Disclosure of Personal Data: Information about third parties with whom data may be shared

6. Data Security Measures: Description of security measures to protect personal data

7. Data Retention Period: Information about how long personal data will be kept

8. Data Subject Rights: Explanation of individual rights under PDPA including access and correction

9. Cross-border Data Transfer: Information about any international transfer of personal data

10. Contact Information: Details of the Data Protection Officer or responsible person

11. Changes to Privacy Notice: Information about how changes to the notice will be communicated

What sections are optional to include in a Privacy Notice Statement?

1. Cookies and Tracking Technologies: Required if the organization operates websites or online services that use cookies or similar technologies

2. Children's Privacy: Required if services may be used by or data collected from children under 18

3. Special Categories of Data: Required if collecting sensitive personal data as defined under PDPA

4. Direct Marketing: Required if personal data will be used for marketing purposes

5. Automated Decision Making: Required if using automated processing to make decisions about individuals

6. Industry-Specific Disclosures: Required for regulated industries like healthcare or financial services

7. Language Choice: Required if operating in multiple languages in Malaysia

What schedules should be included in a Privacy Notice Statement?

1. Schedule 1: Detailed Categories of Personal Data: Comprehensive list of all types of personal data collected, organized by category

2. Schedule 2: Third Party Recipients: Detailed list of types of third parties who may receive personal data

3. Schedule 3: Technical and Security Measures: Detailed description of security measures implemented to protect personal data

4. Schedule 4: Specific Processing Activities: Detailed description of different processing activities and their legal bases

5. Schedule 5: Cookie Policy: Detailed information about cookies and other tracking technologies used

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Privacy Notice

Cost

Free to use

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