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Malaysia - Data regulations


Section 6. General Principle

“(1) A data user shall not

  • (a) in the case of personal data other than sensitive personal data, process personal data about a data subject unless the data subject has given his consent to the processing of the personal data; or
  • (b) in the case of sensitive personal data, process sensitive personal data about a data subject except in accordance with the provisions of section 40.”

Source: https://www.pdp.gov.my/jpdpv2/assets/2019/09/Communications-Sector-PDPA-COP.pdf

How Leadbook supports compliance:

  • Leadbook does not collect sensitive information such as political opinions, religious beliefs or other beliefs of a similar nature, the commission or alleged commission of any offence or any other personal data
  • Leadbook’s data is collected from public records or publicly available company websites.
  • The PDPA recognises that B2B marketing messages may be essential for the day-to-day operations between businesses. 
  • Customers are free to use the data in the course of normal marketing or sales email outreach.

Based on the Personal Data Protection Act 2020 under section 43, an individual can opt-out from any direct marketing campaigns by unsubscribing or informing senders to stop sending information for promotion of services and products.

Senders of direct marketing who receive such request from individuals must act on the opt-out request and remove their email address from any future direct marketing campaigns to comply with PDPA.

Leadbook provides a mandatory unsubscribe link in every email campaign to allow individual to opt-out at anytime and our platform automatically prevent the sending of emails to them

Leadbook provides the tool to create an opt-in email campaigns and offer opt-in fully managed campaign to manage compliance should it be required.

Personal Data Protection Code of Practice for the Utilities Sector (Electricity) 

“The Personal Data Protection Code of Practice for the Utilities Sector (Electricity) provides examples of consent, whether express or implied, that must be recorded or maintained by the data user which includes:

  • signatures, or a clickable box indicating consent;
  • deemed consent;
  • verbal consent (verbal consent should be recorded digitally or via a written confirmation that consent was given); and
  • consent by conduct or performance. Consent is deemed given by way of conduct or performance if the data subject does not object to the processing; the data subject voluntarily discloses its personal data; or the data subject proceeds to use the services of the data user.

    Source: https://www.pdp.gov.my/jpdpv2/tata_amalan/the-personal-data-protection-code-of-practice-for-the-utilities-sector-electricity/?lang=en

The PDPA does not define 'consent'; nor does it prescribe any formalities in terms of the consent. However, the Personal Data Protection Regulations 2013 (the Regulations) provide that the consent obtained must be recorded and maintained properly by the data user. The Regulations further provide that the Commissioner or an inspection officer may require production of the record of consent. It places the burden of proof for consent squarely on the data user.

Malaysia Marketing Guidelines on Alcohol

  1. Alcohol advertising is permitted in cinemas, on video cassettes and the print media. Sponsorship activities are allowed, according to the Institute of Alcohol Studies (IAS). These media are grouped under BTL media (below the line) and are not considered broadcast advertising. The biggest group under BTL is digital targeted marketing and Leadbook’s solution belongs to that group.
  2. Alcohol advertising is not allowed over the broadcast media and on billboards, except in the state of Sabah in East Malaysia. The media are grouped under ATL (above the line).
    (Source: shorturl.at/epuG7)
  3. Leadbook will use email marketing to promote the brand and the offering without showing images of people drinking. In addition, Platinum Rise’s contents will favor “investment-related” instead of “alcohol-related”.
  4. Malaysia Ranked World’s 10th Largest Consumer of Alcohol according to the World Health Organisation (WHO)
  5. Leadbook will abide by the content guidelines as per, “Malaysian Code of Advertising Practice” - “Advertising for Alcoholic Drinks” (Source: https://asa.org.my/files/ASA-code-eng.pdf - Appendix C) (copy on slide 17).
  6. All contacts in Leadbook’s database are business professionals above the age limit.