What are the main classes of data users?
The Personal Data Protection (Class of Data Users) Order 2013 specifies the
classes of data users that must be registered under the PDPA 2010. The main classes of data users are:-
In respect of the class of services, who is required to register
as data users under the PDPA 2010?
A company registered under
the Companies Act 1965 [Act 125] or a person who entered into a
partnership under the Partnership Act 1961 [Act 135] carrying on
business as follows:
- legal;
- audit;
- accountancy;
- engineering; or
- architecture
As such, pursuant to section 15(1) of the PDPA 2010, member firms (in partnerships) who offer services in auditing and
accountancy are required to register themselves with the Personal Data Protection Commissioner.
What are the consequences for non-compliance?
Under section 16(4) of the PDPA 2010, a person who fails to
register, and process personal data without a certificate of registration, commits an offence and shall on conviction, be
liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Are sole proprietorships and limited liability partnerships required to register as data user?
No, nevertheless these entities are required to comply with the principles of the personal data protection.
Currently, I'm running a separate company (Sdn Bhd) that provides tax services or company secretarial services. Would
this be considered as an accounting firm that requires registration as a data user under the PDPA 2010?
Based on the Personal Data Protection (Class of Data Users) Order 2013 and also the definition of public practice
services under rule 2 of the MIA (Membership & Council) Rules 2001, at this point of time, the said company which
offers solely taxation or company secretarial related services need not be registered.
Nonetheless, as a
matter of good practice, it would be prudent if the company is registered as a data user. However, even if the company
does not get registered, the company is still obliged to comply with the provisions of the Act.
When is the deadline to register with the Personal Data Protection Commissioner?
Based on the Personal Data
Protection Department website, registration as data users is open until 15 February 2014 and there will be no extension of time.
How to register?
Please refer the Registration Flow Chart attached to the MIA
Circular MF21/2013 dated 11 December 2013, which can be viewed from the link HERE and download the registration form 15(1) via the link provided in the circular.
How to submit the completed registration form?
- The submission may be made physically at the registration counter at Personal Data Protection Department; or
- Sent by post to the following address:
Kaunter
Pendaftaran
Bahagian Pendaftaran & Operasi
Jabatan
Perlindungan Data Peribadi
Aras 6, Kompleks KKMM, Lot
4G9
Persiaran Perdana, Presint 4
Pusat Pentadbiran
Kerajaan Persekutuan
62100, Putrajaya
What should I be receiving upon the submission of the registration form?
Upon submission, a
receipt acknowledgment slip (''SLIP'') will be provided.
How do I know that my submission has been approved?
Notification of the approval of the registration will be
sent to you via email. Thus please ensure you have provided a valid and current email address.
Do I have to make any payment upon submission of the registration form?
There is no payment required upon submission of the registration form, but you have to pay the prescribed fee of
RM200 (for partnerships) within 21 days upon receipt of the notification of the approval of registration via email.
How to make the payment?
- Payment can be made via remittance, postal order, bank draft or cheque under the name of ''Pesuruhjaya
Perlindungan Data Peribadi'' and crossed with the following: ''TIDAK BOLEH DINIAGAKAN'' or ''A/C PAYEE ONLY''
- The above may be presented physically at the
registration counter or posted to the following address:
Kaunter Pendaftaran
Bahagian Pendaftaran & Operasi
Jabatan Perlindungan Data Peribadi
Aras 6, Kompleks
KKMM, Lot 4G9
Persiaran Perdana, Presint 4
Pusat
Pentadbiran Kerajaan Persekutuan
62100, Putrajaya
What will I received as acknowledgment of registration?
You will receive a certificate of
registration as the acknowledgment of registration.
What is the validity period of the certificate of registration?
The validity period of the
certificate of registration is two years. PDP Department will send a reminder for renewal via email 3 months prior to the expiry date.