Evaluation of Cross-Border Personal Data Transfer Mechanisms between Malaysia and the European Union

Abstract

In this paper, the author analysed the diverse mechanisms of cross-border personal data transfers under the European Union General Data Protection Regulation (“GDPR”). This paper further considered the suitability of adopting these mechanisms to the judicial landscape of Malaysia, including the Personal Data Protection Act 2010 (“PDPA”), by comparing the PDPA against the GDPR. In this dissertation, it was shown that the PDPA bears resemblance to the GDPR to a certain extent. This paper further revealed that the disparity between the PDPA and the GDPR was found to be the impediment of the PDPA in adopting cross-border personal data transfers mechanisms, which presented a potential trade hindrance in the advanced trade partnership between Malaysia and the European Union through their Partnership and Cooperation Agreement. The author proposed that the PDPA be amended to address the impediments portrayed in the PDPA to strengthen its personal data protection framework, facilitate the adoption of the cross-border personal data transfers mechanisms to the PDPA and to enhance the appeal of Malaysia as a global trading partner.