Personal Data Protection Act 2010 · Updated to 15 Sep 2026 · Part I · Preliminary
2. Application
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The Act covers anyone processing personal data in commercial transactions, or controlling or authorising that processing. It covers those established in Malaysia, and others using equipment there for processing other than transit. Those others must name a representative established in Malaysia. Individuals present in Malaysia not less than one hundred and eighty days in one calendar year count as established.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
This Act applies to—
this Act
“this Act” includes regulations, orders, notifications and other subsidiary legislation made under this Act;
any person who processes; and
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any person who has control over or authorizes the processing of, any personal data in respect of commercial transactions.
Subject to subsection (1), this Act applies to a person in respect of personal data if—
personal data
“personal data” means any information in respect of commercial transactions, which— (a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010;
the person is established in Malaysia and the personal data is processed, whether or not in the context of that establishment, by that person or any other person employed or engaged by that establishment; or
the person is not established in Malaysia, but uses equipment in Malaysia for processing the personal data otherwise than for the purposes of transit through Malaysia.
A person falling within paragraph (2)(b) shall nominate for the purposes of this Act a representative established in Malaysia.
For the purposes of subsections (2) and (3), each of the following is to be treated as established in Malaysia:
an individual whose physical presence in Malaysia shall not be less than one hundred and eighty days in one calendar year;
a body incorporated under the *Companies Act 1965
[Act 125];
a partnership or other unincorporated association formed under any written laws in Malaysia; and
any person who does not fall within paragraph (a), (b)
or (c) but maintains in Malaysia—
an office, branch or agency through which he carries on any activity; or
a regular practice.
*NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016
[Act 777] which comes into operation on 31 January 2017–see subsection 620(1) of Act 777.
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