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MALAYSIA

Since September 1967, last amended in December 2018

Pillar Cross-border data policies  |  Indicator Local storage requirement
Income Tax Act 1967 (Akta Cukai Pendapatan 1967)
Section 82.8 of the Income Tax Act 1967 states that all records that relate to any business in Malaysia shall be kept and retained in Malaysia. 
Coverage Horizontal

MALAYSIA

Since June 2010, last amended in 2025

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Personal Data Protection Act 2010 - Act No. 709 (Akta Perlindungan Data Peribadi 2010 - Akta 709)
Pursuant to Section 129 of the Personal Data Protection Act, a data controller is permitted to transfer personal data to a location outside Malaysia, provided that the receiving jurisdiction possesses legal provisions that are substantially similar to, or offer a level of personal data protection equivalent to, those prescribed by the Act. Transfers are also allowed under other limited conditions, including the data subject's consent.
Coverage Horizontal

MALAYSIA

Signed in March 2018, entry into force in November 2022

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Malaysia has joined an agreement with binding commitments to open transfers of data across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11).
Coverage Horizontal

MALAYSIA

Since June 2010, last amended in 2025

Pillar Domestic data policies  |  Indicator Framework for data protection
Personal Data Protection Act 2010 - Act No. 709 (Akta Perlindungan Data Peribadi 2010 - Akta 709)
The Personal Data Protection Act provides a comprehensive regime of data protection in Malaysia.
Coverage Horizontal

MALAYSIA

Since June 2010, as amended in October 2024, entry into force in June 2025

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Data Protection Act 2010 - Act No. 709 (Akta Perlindungan Data Peribadi 2010 - Akta 709)
Section 12a of the Personal Data Protection Act requires both data controllers and data processors to designate at least one data protection officer responsible for ensuring their respective compliance with the Act.
Coverage Horizontal

MALAYSIA

Since July 1936, last amended in March 2017

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Criminal Procedure Code (Kanun Prosedur Jenayah (Akta 593))
Section 116B of the Criminal Procedure Code provides that a police officer conducting a search under the Code must be given access to computerised data, whether stored in a computer or otherwise. For the purpose of this section, 'access' includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerised data. It is not clear whether a court order is needed to access the information.
Coverage Horizontal

MALAYSIA

Reported in 2018, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Maximum foreign equity shares
Although no general limits are placed on foreign equity ownership in the telecommunications sector, a restriction applies in the case of a single government‑controlled company. It is reported that the national telecommunications company, Telekom Malaysia, is subject to a foreign ownership ceiling of 30%, with individual investors permitted to hold no more than 5%.
Coverage Telekom Malaysia

MALAYSIA

Reported in 2021, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Reported exclusionary practices in public procurement
It is reported that Malaysia generally invites international tenders only when domestically sourced goods and services are unavailable. In such instances, foreign companies are, by law, required to engage a local partner who satisfies Bumiputera (indigenous ethnic Malay) eligibility criteria before their tenders will be considered.
Coverage Horizontal

MALAYSIA

Reported in 2014, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Margin of preference for domestic suppliers
It is reported that while price considerations are important in concluding a government contract, the "value for money" concept includes non-price factors and broader policy considerations, such as accelerating economic growth through procurement, maximising the use of local materials and resources, promoting local freight and insurance, transferring technology, and providing incentives for indigenous entrepreneurs (Bumiputera). Bumiputera suppliers benefit from a preference margin of 2.5% to 10%, inversely proportional to the contract value, for goods and services contracts valued between MYR 100,000 (approx. USD 23,500) and MYR 15 million (approx. USD 3.5 million), with no preferences for contracts above MYR 15 million. For locally made goods by Bumiputera manufacturers, the preference margin is 10% for contracts below MYR 10 million (approx. USD 2.3 million), up to 5% for contracts between MYR 10 million and MYR 100 million, and 3% for contracts above MYR 100 million. This practice has persisted since 1995. Additionally, it is reported that all individuals, companies, or corporate bodies intending to participate in government procurement of works, supplies, and services must be approved by and registered with the Ministry of Finance. Procurement often involves middlemen rather than direct dealings with the governmental entity or is negotiated rather than tendered.
Coverage Horizontal

MALAYSIA

Reported in 2022, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Restriction in public procurement
It is reported that all individuals and enterprises intending to do business with the Malaysian Government must register with the relevant authorities: the Ministry of Finance (MOF) for goods and services and the Construction Industry Development Board (CIDB) for works, to obtain their Contractor Registration Certificate (PPK) and Government Procurement for Works Certificate (SPKK). Penalties for non-compliance or substandard performance include suspension of registration for up to five years, effectively barring opportunities to compete for government contracts during that period. While exemptions from registration exist under certain circumstances, subject to the approval of MOF/CIDB, tender deposits may not be waived for international bidders. Registered local suppliers and contractors are exempt from tender deposit requirements, whereas foreign bidders must provide deposits ranging from MYR 60,000 (approx. 13,000 USD) to MYR 1 million (approx. 212,000 USD). Additionally, successful bidders must provide performance bonds issued by financial institutions licensed to operate in Malaysia. While this policy is widely reported, no specific official text detailing these practices has been found online.
Coverage Horizontal

MALAYSIA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Malaysia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2012.
Coverage Horizontal

MALAYSIA

Reported in 2018, last reported in 2025

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Maximum foreign equity shares
Although no general limits are placed on foreign equity ownership in the telecommunications sector, a restriction applies in the case of a single government‑controlled company. It is reported that the national telecommunications company, Telekom Malaysia, is subject to a foreign ownership ceiling of 30%, with individual investors permitted to hold no more than 5%.
Coverage Telekom Malaysia

MALAYSIA

Since September 2016, last amended in July 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Companies Act 2016 No. 777
The Companies Act 2016 prescribes the minimum number of directors in a company. Section 196.1 provides that a private company shall have a minimum of one director who ordinarily resides in Malaysia by having a principal place of residence in Malaysia (‘resident director’). For a public company, it shall have a minimum of two resident directors.
Coverage Horizontal

MALAYSIA

Since September 2016, last amended in 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Companies Act 2016 No. 777
A foreign company may carry on business in Malaysia by either incorporating a local company or registering a branch in Malaysia.
Coverage Horizontal

MALAYSIA

Since November 1983, last amended in June 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patents Act 1983
There are restrictions for national applicants wishing to apply for patents internationally. They must file in Malaysia initially before becoming eligible to apply for patents in other countries two months subsequent to the date of filing (Sections 23A and 30A of the Patents Act).
In addition, it is reported that foreign applicants must appoint an agent, specifically a registered Malaysian patent attorney, to undertake patent registration procedures in Malaysia.
Coverage Horizontal

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