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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 August 2016, entry into force in January 2017, last amended in 2024

Pillar Cross-border data policies  |  Indicator Local storage requirement
Companies Act 2016 (Akta Syarikat ​20​​​16​​​​​)
Section 245.5 of the Companies Act stipulates that a company may maintain certain accounting and other operational records outside the country only provided that a copy of these records is accessible at a place within Malaysia for inspection by the directors at all times. The records must be kept for at least seven years after the completion of the transactions or operations to which they relate.
Coverage Horizontal

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 2017, last reported in 2026

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that more than 50% of the shares of Telekom Malaysia, Malaysia's incumbent telecommunications operator, are owned by sovereign wealth funds, boards and companies linked to the government or state-owned enterprises. As of 2025, the government also retains a minority shareholding in the telecommunications company Digital Nasional Berhad, amounting to a 41.67% stake.
Coverage Telecommunications sector

MALAYSIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Malaysia does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of accounting separation since 2016.
Coverage Telecommunications sector

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