Law / Malaysia

Personal Data Protection Act, right to stop direct marketing

Personal Data Protection Act 2010 (Act 709), s. 43

In force since .

A data subject rights rule binding private bodies.

Audit expectation
none

What it requires

  • An app that processes an individual's personal data in Malaysia for direct marketing must stop, or not begin, that processing when the individual gives written notice requiring it, as the Commissioner may require.

These lines are LexLint's reading of the law's text.

Who enforces it

Settledness

As of

What it makes you log

Logging duty

The provisions give a data subject a right and fix what the data user must do in answer. They impose no duty to keep a log or record and name no audit or inspection. The provisions have no scope clause, so there is no territorial hook. The consolidated text pinned is the edition before Act A1727 and the renaming of data user.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 43 of Act 709 lets a data subject, at any time by notice in writing, require a data user to cease or not to begin processing his personal data for purposes of direct marketing. Direct marketing means the communication by whatever means of any advertising or marketing material which is directed to particular individuals. A data subject dissatisfied with the data user's failure to comply may submit an application to the Commissioner.

A data user who fails to comply with the Commissioner's requirement commits an offence punishable by a fine up to RM200,000, imprisonment up to 2 years, or both.

When LexLint raises it

When your app profile says your app processes personal data or sends automated outreach.

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