Malaysia’s Cyber Security Bill 2024 Passed: Navigating Malaysia’s New Compliance Standards And Licensing Framework.

In Malaysia, the Cyber Security Bill 2024 (the “Proposed Act”) was passed in Parliament, after the third reading by Digital Minister Gobind Singh Deo on 3 April 2024. The primary objective of the Proposed Act is to establish an overarching regulatory framework designed to fortify national cyber security by requiring compliance with specific measures, standards and processes in the management of the cyber security threats. For these purposes, the regulatory framework introduces various provisions relating to, among others, the establishment of the National Cyber Security Committee, the duties and powers of the Chief Executive of the National Cyber Security Agency (“NACSA”), national critical information infrastructure sectors (“NCII Sectors”), the appointment of sector leads to regulate each national critical information infrastructure sectors (“NCII Sector Leads”), the designation of national critical information infrastructure entities (“NCII Entities”) as well as licensing requirements for cyber security service providers1 .

Will my business or organisation be subject to the new law?

Private and public entities (i.e. including private businesses) that are designated as NCII Entities and cyber security service providers (as will be discussed below) will be expected to comply with the regulatory requirements under the Proposed Act once it comes into force.

Therefore, this article aims to offer an overview of these key provisions of the Proposed Act which businesses and relevant sectors should consider in preparation for the enactment of the forthcoming legislation although the Proposed Act will still be subject to royal assent by the Yang di-Pertuan Agong.

WRITTEN BY

For further information, please contact:

Janet Toh Yoong San – Partner – Shearn Delamore & Co,
janet.toh@shearndelamore.com

Practice Areas

• Intellectual Property
• Technology & Communications

Languages

PRACTICE

Janet Toh has wide-ranging experience in intellectual property and technology transactional work. Janet advises clients on issues relating to intellectual property (IP) protection and ownership, advertising, consumer protection, personal data protection, domain names, e-commerce, franchise, gaming, regulatory approvals for food, cosmetics and drugs and telecommunications. Janet also carries out IP due diligence for licensing, mergers and acquisition projects and e-commerce related transactions.

QUALIFICATIONS

• LL.B (Hons), University of Bristol
• LL.M, National University of Singapore
• Certificate in Legal Practice
• Advocate & Solicitor, High Court of Malaya

ADMISSIONS

POSITIONS HELD

• Former president of Licensing Executives Society Malaysian chapter
• Committee member of Data Protection Committee, INTA
• Committee member of Bar Council Cyber Law Committee

PROFESSIONAL MEMBERSHIPS

• Malaysian Bar
• International Bar Association (IBA)
• ITechlaw Association

PUBLICATIONS

• Malaysian section of the World Trademark Review Anti-Counterfeiting Guide (2010-2017) [co-author]
• Malaysian section of the International Comparative Legal Guide to Trade Marks 2018 [co-author]
• Malaysian section of the International Comparative Legal Guide to Telecoms, Media & Internet Law & Regulations 2019 [co-author]
• Chambers Global Practice Guide 2019 Malaysia Trends and Developments: The Rise of the Machines – Artificial Intelligence & Copyright Law – the Malaysian Landscape [co-author]
• Chambers Global Practice Guide 2019 Malaysia Pharmaceutical Advertising: Q&A [co-author]

AWARDS & RECOGNITION

• The Legal 500 Asia-Pacific (2019 and 2020) – “Recommended Lawyer” in TMT
• World Trademark Review (2018 – 2020) – “Recommended Individual” in Prosecution and Strategy
• World Trademark Review (2020) – “Recommended Individual” in Transaction
• Who’s Who Legal (2015) – in Trademarks