Database

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MALAYSIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Malaysia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

MALAYSIA

Since December 2024

Pillar Intermediary liability  |  Indicator Monitoring requirement
Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers (Kod Tatalaku (Amalan Terbaik) untuk Penyedia Perkhidmatan Pesanan Internet dan Penyedia Perkhidmatan Media Sosial)
Section 4.2 of the "Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers" stipulates that Internet messaging and social media service providers shall: establish clear, comprehensive, and resilient systems, mechanisms, and procedures to ensure the prompt identification, evaluation, and removal of harmful content; maintain a dedicated, locally based content moderation team within Malaysia that is consistently available and adequately trained and supported; and prevent and eradicate child sexual abuse material by immediately reporting any identified harmful content to the relevant law enforcement authorities, including the Commission, and ensuring its removal within 24 hours of such reporting, or otherwise handling the material in accordance with the directions issued by the competent law enforcement agency or agencies.
Coverage Internet messaging and social media service providers

MALAYSIA

Reported in 2024, last reported in 2025

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Reported blocking of social network access
It is reported that access to Grindr began to be blocked in Malaysia on 17 April 2024. Although the restriction has not been implemented uniformly across all networks, it has continued into 2025.
Coverage Grindr

MALAYSIA

Since September 1998, entry into force in April 1999
Since April 2000, as amended in April 2022

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Guidelines of the Malaysian Communications and Multimedia Commission (MCM)

Communications and Multimedia (Licensing) Regulations 2000 (Peraturan-peraturan komunikasi dan multimedia (pelesenan) 2000 [p.U.(a) 129/2000] )
According to the guidelines issued by the Malaysian Communications and Multimedia Commission (MCMC), Content Applications Service Providers (CASP) and Applications Service Providers (ASP) must obtain the relevant licenses to operate in Malaysia. In assessing the shareholding structure of an applicant, the MCMC considers the need to promote local small and medium-sized enterprises (SMEs) of Malaysian origin within the information and communications technology industry.
Furthermore, under Part IV of the Communications and Multimedia (Licensing) Regulations 2000, as amended in April 2022, a new licensed category was introduced for cloud service providers and data centres hosting cloud service applications under the ASP classification. Cloud service providers with a local presence are required to apply for an ASP license and are permitted to remain fully foreign-owned. However, cross-border suppliers of cloud services without a local presence do not need to register or obtain ASP licenses.
Coverage Content applications service providers and applications service providers

MALAYSIA

Since July 2024, entry into force in January 2025

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Communications and Multimedia (Licensing) (Exemption) (Amendment) Order 2024
Under Section 3 of the "Communications and Multimedia (Licensing) (Exemption) (Amendment) Order 2024", providers of social media platforms and internet messaging services with more than eight million users in Malaysia are required to obtain a licence.
Coverage Providers of social media platforms and internet messaging services

MALAYSIA

Since October 2015

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Certification Requirements for Compliance Approval on Communication, Multimedia and Hybrid Equipment
According to the Certification Requirements for Compliance Approval on Communication, Multimedia, and Hybrid Equipment, import licenses are required for hybrid ICT products. These include those devices with multiple features, including toys, medical devices, and computer products.
Coverage Hybrid ICT products

MALAYSIA

Since 2013

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
It is reported that in Malaysia, electromagnetic compatibility (EMC) requirements for communication equipment require the equipment to be physically submitted to the national regulator or its delegated body, SIRIM QAS, for formal certification. In contrast, electromagnetic interference (EMI) remains outside any mandatory assessment regime.
SIRIM QAS International is the sole certifying agency appointed by the Malaysian authority. Type Approval is mandatory for a communications product before it can be sold in Malaysia. Among the products that need to be certified are netbooks, tablet PC, mobile phones, security devices, smart TVs, WiFi/3G/Bluetooth modules and broadcasting equipment. Foreign applicants shall appoint a local management representative in Malaysia to be responsible for the Type Approval application. As a member of the Asia-Pacific Economic Cooperation Mutual Recognition Arrangement (APEC-MRA), Malaysia accepts product approvals issued by APEC members.
Coverage Electronic products, including netbook, tablet PC, mobile phone, security devices, smart TV, WiFi/3G/Bluetooth module and broadcasting equipment

MALAYSIA

Since June 2024, entry into force in August 2024

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Cyber Security Act 2024 (Akta Keselamatan Siber 2024)
Pursuant to Section 40 of the Cyber Security Act, an authorised officer who is satisfied, on the basis of information received, that there is reasonable cause to believe a delay in obtaining a search warrant would adversely affect an investigation or risk the tampering, removal, damage, or destruction of evidence may enter premises without a warrant and exercise full investigative powers, including the search for and seizure of any book, account, document, or computerised data, as well as any facility, apparatus, vehicle, equipment, or device. Section 46 further provides that an authorised officer conducting such a search must be granted access to computerised data, whether stored on a computer or otherwise, and must be furnished with any password, encryption or decryption code, software, hardware, or other means required to comprehend that data; the section does not mandate the issuance of a court order. Under Section 2, an “authorised officer” includes any police officer, regardless of rank, and any public officer authorised by the Minister responsible for cyber security. Additionally, Section 14 empowers the Chief Executive of the National Cyber Security Agency to direct any person to produce any document, whether in physical or electronic form, and this provision likewise contains no requirement for judicial authorisation.
Coverage Horizontal

MALAYSIA

Since April 1987, as amended in July 2012

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Copyright Act 1987 - Act No. 332 (Akta Hak Cipta 1987 - Akta 332)
Part VIB of the Copyright Act establishes a safe harbour regime for intermediaries for copyright infringements.
Coverage Internet intermediaries

MALAYSIA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Malaysia's law and jurisprudence.
Coverage Internet intermediaries

MALAYSIA

Reported in 2021, last reported in 2025

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Malaysia imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

MALAYSIA

Since April 2000, last amended in April 2022

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Communications and Multimedia (Licensing) Regulations 2000 (Peraturan-peraturan komunikasi dan multimedia (pelesenan) 2000 [p.U.(a) 129/2000] )
Applications for individual licenses are reportedly assessed on a case-by-case basis. The Minister may grant a license based on the recommendations of the Malaysian Communications and Multimedia Commission (MCMC) under the Communications and Multimedia Act (CMA), taking into account the specified documents outlined in Regulation 7 of the Communications and Multimedia (Licensing) Regulations 2000. Applicants must submit an application to the MCMC, provide supporting documentation, and pay an application fee of RM 10,000 (approx. 2,000 USD) per individual license. The MCMC then has 60 days to evaluate the application and make a recommendation to the Minister, who has 30 days to approve it.
It is reported that the acquisition of a licence in the telecommunications sector is subject to various restrictions, including a legally prescribed limit on the number of licences that may be issued, minimum capital requirements for applicants, and other regulatory conditions.
Coverage Telecommunications sector

MALAYSIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Malaysia has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

MALAYSIA

Since September 1998, entry into force in April 1999, last amended in January 2006

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Communications and Multimedia Commission Act 1998 [Act 588] (Akta Komunikasi dan Multimedia 1998 (Akta 588))
According to the Malaysian Communications And Multimedia Commission Act 1998, the Malaysian Communications and Multimedia Commission, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

MALAYSIA

Since August 2025

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
National Cloud Computing Policy (Dasar Pengkomputeran Awan Negara)
Section 4.1 of the National Cloud Computing Policy stipulates that confidential data must be stored exclusively within sovereign cloud zones located in Malaysia. This requirement encompasses classified governmental documents as well as data pertaining to national critical information infrastructure. The term national critical information infrastructure refers to any computer or computer system whose disruption or destruction would adversely affect the provision of services essential to Malaysia’s security, defence, foreign relations, economy, public health, public safety, or public order, or would impair the capacity of the Federal Government or any State Government to discharge its functions effectively.
Coverage Public sector and critical infrastructure

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