MEXICO
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.6%
Coverage rate of zero-tariffs on ICT goods (%)
87.74%
Coverage: Digital goods
MALAYSIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
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
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Malaysia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MALAYSIA
Since 2006
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Malaysia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
MALAYSIA
Since December 2012
Since August 1999
Since August 1999
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection (Electronic Trade Transactions) Regulations
Consumer Protection Act 1999
Consumer Protection Act 1999
The Consumer Protection Act and the Consumer Protection (Electronic Trade Transactions) Regulations provide a comprehensive framework for consumer protection that also applies to online transactions. The consumer protection law imposes regulations on both online marketplace operators and any person who operates a business for the purpose of supplying goods or services through a website or in an online marketplace (suppliers). In addition, the consumer protection law for electronic trade applies to websites where goods and services are marketed by third parties for purposes of trade "online marketplaces". Although it has not been reported as a barrier to e-commerce, there are claims regarding the lack of coverage on particular e-commerce issues necessary for e-consumer protection. In addition,
Coverage E-commerce sector
Sources
- https://aseanconsumer.org/file/post_image/Consumer%20Protection%20(Electronic%20Trade%20Transactions)%20Regulations%202012.pdf
- http://www.commonlii.org/my/legis/consol_act/cpa1999246/
- http://unctad.org/en/publicationslibrary/dtlstict2013d1_en.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=my
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MALAYSIA
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Physical presence requirement for domain name
It is reported that the registrant of a ".my" domain must have a valid proof of residence in Malaysia. Proof of residence may be an employment pass, or student pass, or permanent residence endorsement, or social visit pass supported by proof of marriage to a Malaysian citizen.
Coverage Horizontal
MALAYSIA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 120, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
MALAYSIA
Since 2013
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Lack of self-certification
SIRIM QAS International is the sole certifying agency appointed by Malaysia authority. Type Approval is a mandatory requirement for a communications product before it is allowed to be sold in Malaysia. Among the products that need to be certified there are: netbook, tablet PC, mobile phone, security devices, smart TV, WiFi/3G/Bluetooth module and broadcasting equipment. Foreign applicants shall appoint a local management representative in Malaysia to be responsible for Type Approval application. As a member of the Asia Pacific Economic Cooperation Mutual Recognition Arrangement (APEC-MRA), Malaysia accepts product approvals from APEC members.
Coverage Electronic products, including netbook, tablet PC, mobile phone, security devices, smart TV, WiFi/3G/Bluetooth module and broadcasting equipment
Sources
- https://members.wto.org/crnattachments/2013/tbt/MYS/13_1791_00_e.pdf
- https://www.sirim-qas.com.my/wp-content/uploads/2012/04/TAC_DOC_01-1-1-Issue-1-Rev-0-CERTIFICATION-REQUIREMENTS-As-registered-with-TECS.pdf
- http://www.sirim-qas.com.my/our-services/product-certification/product-certification-scheme
- http://www.qman-consulting.com/MALAYSIA-SIRIM.html
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MALAYSIA
Since October 2015
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar 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
Sources
- http://www.globaltradealert.org/intervention/20588
- https://www.sirim-qas.com.my/wp-content/uploads/2012/04/TAC_DOC_01-1-1-Issue-1-Rev-0-CERTIFICATION-REQUIREMENTS-As-registered-with-TECS.pdf
- https://webcache.googleusercontent.com/search?q=cache:2lcZ-bCPuzgJ:https://www.lexology.com/library/detail.aspx%3Fg%3D2969bb1e-2102-42eb-993a-1ce46ca9db38+&cd=2&hl=en&ct=clnk&gl=az
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MALAYSIA
Since September 1998, entry into force in April 1999
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Guidelines of the Malaysian Communications and Multimedia Commission (MCM)
According to the Malaysian Communications and Multimedia Commission (MCMC) guidelines, there is a licence requirement for Content Applications Service Provider (CASP) and Applications Service Provider (ASP). In assessing the shareholding structure of an applicant, the MCMC takes into account the need to encourage more local small and medium size industries of Malaysian origin in the local information and communications technology industry.
Coverage Content Applications Service Provider, Applications Service Provider
MALAYSIA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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
Pillar Intermediary liability |
Sub-pillar 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 July 1936, last amended in March 2017
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Criminal Procedure Code
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
Since May 1987, as amended in July 2012
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Copyright Act of 1987
The amendment of the Copyright Act of 2012 (Act 1420) establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 43F of the law, Internet Services Providers (ISPs) and content aggregators are provided immunity from liability for copyright infringement if they protect copyright owners by removing or disabling access to the infringing content.
Coverage Internet intermediaries
MALAYSIA
Since June 2012, last amended in June 2015
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Security Offences (Special Measures) Act 2012
Under Section 6(3) of the Security Offenses (Special Measures) Act 2012, a police officer with the rank of superintendent of police or above may intercept communications without the authorization of the public prosecutor in urgent cases.
Coverage Horizontal