67%
of Malaysia's 21 requirements are already met by European Union (GDPR). Here is what PDPA (Malaysia) adds, biggest gaps first.
Base légalePortée et base légaleBig gap
GDPR1 Six lawful bases, including consent, contract, legal obligation, vital interests, public task and legitimate interests.
PDPA (Malaysia) adds3 Consent is the general rule; non-consent processing only where necessary for contract, legal obligation, vital interests, justice and similar listed grounds.
s.6(1)-(2) · source ↗
EnregistrementGouvernanceBig gap
GDPR0 No general registration; controllers communicate DPO contact details to the supervisory authority.
PDPA (Malaysia) adds2 Prescribed classes of controllers (banking, insurance, health, telecoms, education, real estate and others) must register and renew certificates with fees.
ss.14-16; Class of Data Users Order · source ↗
Responsabilité pénaleApplicationBig gap
GDPR1 Member States set other penalties, including criminal penalties, for infringements not subject to administrative fines.
PDPA (Malaysia) adds3 Most breaches are criminal offences with imprisonment; directors and officers are jointly liable unless they prove due diligence.
ss.5(2), 16(4), 40(3), 133 · source ↗
ConsentementPortée et base légaleGap
GDPR2 Consent must be freely given, specific, informed and unambiguous by clear affirmative action, and the controller must be able to demonstrate it.
PDPA (Malaysia) adds3 Consent must be obtained in a form that can be recorded and maintained by the data controller.
PDP Regulations 2013 reg. 3 · source ↗
EnfantsPortée et base légaleGap
GDPR2 Parental consent required for information society services offered to children under 16; Member States may lower the age to no less than 13.
PDPA (Malaysia) adds3 For data subjects under 18, a parent, guardian or person with parental responsibility acts and consents.
s.4 ('relevant person') · source ↗
Qualifications du DPOGouvernanceGap
GDPR1 DPO chosen for professional qualities, especially expert knowledge of data protection law and practice; no certification required.
PDPA (Malaysia) adds2 No minimum qualification; DPO must be in Malaysia 180 days a year or easily contactable and proficient in Malay and English; register within 21 days.
DPO Guideline paras 5.4, 6.10, 7.1 · source ↗
ConservationGouvernanceGap
GDPR1 Storage limitation: keep identifiable data no longer than necessary; erase when no longer needed.
PDPA (Malaysia) adds2 Do not keep data longer than necessary and take reasonable steps to destroy or permanently delete it.
s.10(1)-(2) · source ↗
Already covered by GDPR: Reach abroad, Sensitive data, Rights, Request deadline, Marketing, DPO required, DPIA, Records, Tell the regulator, Tell people, Transfers abroad, Localization, Maximum fine, Private action.
A gap means PDPA (Malaysia) is more demanding than GDPR on that requirement, on our 0 to 3 scale (how we score). Read the cited section before acting. Not legal advice.
