Why Appointing a Data Protection Officer Is No Longer Optional
Come 1 June 2025, the game changes for every business handling personal data in Malaysia. What was once a compliance checkbox is now law: appointing a Data Protection Officer (DPO) is officially mandatory under the newly passed Personal Data Protection (Amendment) Act 2024 (Act A1727).
If you're on the board of a Malaysian company, this isn't just another IT update. This is about trust, transparency, and ticking time bombs — because ignoring the DPO requirement could cost your organisation up to RM1 million, not to mention reputational damage that no insurance can fix.
Who Needs a DPO, and Why Now?
Let’s get straight to it. The new requirement applies to any organisation that:
Handles personal data of over 20,000 individuals,
Processes sensitive data (like health records, biometrics, religious or political views),
Or monitors people regularly — think CCTV, wearables, behavioral tracking, even smart cars.
If your company fits any of these criteria, then appointing a DPO is not just recommended — it’s the law.
What’s new here is scale and enforcement. For the first time, Malaysia’s data protection regime is enforcing accountable governance, and the DPO is its cornerstone.
What Is a DPO — And What Do They Actually Do?
Think of the DPO as your organisation’s privacy ombudsman, compliance coach, and crisis handler — all in one. They report to top management, serve as the bridge to regulators, and act as the public face of your data protection efforts.
Their key responsibilities include:
Advising management on data laws and risks,
Monitoring compliance and conducting internal audits,
Managing breaches and reporting to the Personal Data Protection Commissioner,
Handling complaints and access requests from the public,
Liaising with authorities and preparing your business for inspections.
And no, appointing a DPO doesn’t magically clear your board of responsibility. The organisation remains legally liable — the DPO helps you stay on the right side of that liability.
Who Qualifies as a DPO?
This isn’t a ceremonial role. Your DPO must have:
Working knowledge of Act 709,
Strong understanding of IT and cybersecurity,
Clear grasp of your business and data flows,
And, critically, the independence and authority to flag risks — even if it means disagreeing with management.
Whether the DPO is internal or outsourced, they must be accessible, bilingual (Bahasa and English), and ideally based in Malaysia.
The Fine Print: Registration, Accessibility & Public Disclosure
Once appointed, the DPO must be:
Registered with the Commissioner via daftar.pdp.gov.my within 21 days,
Contactable via a dedicated business email (not their personal work email),
Listed on your website, privacy policies, and internal documents.
Changes? Update the system within 14 days. Failure to do so risks fines — and scrutiny.
What Happens If You Don’t Have One?
Let’s be blunt: there’s no “wait and see” here. Organisations must keep documented proof if they believe they’re exempt. Otherwise, they risk penalties for both non-appointment and non-notification.
And in today’s environment of heightened data breaches, trying to explain to customers or investors why your company skipped appointing a DPO is not going to end well.
How AKATI Sekurity Can Help
Navigating these new requirements can be complex. As your cybersecurity partner, AKATI Sekurity is equipped to assist your organisation in understanding and implementing the necessary steps for PDPA compliance, particularly concerning the DPO mandate.
DPO-as-a-Service (DPOaaS) : Don’t have the in-house expertise? We’ll be your appointed DPO — trained, certified, and always available.
PDPA Compliance Frameworks : We audit your current practices, fill the compliance gaps, and document everything regulators might ask for.
DPO Training & Enablement : Want to build internal capacity? We train your staff to qualify as competent DPOs — not just by name, but by skill.
Incident Readiness : We draft your breach plans, simulate regulator responses, and ensure you’re not caught off guard.
Final Thought for Boards and CEOs
The DPO isn’t a checkbox. It’s your early warning system, your internal conscience, your buffer against PR disasters. In the age of data, leadership is no longer about strategy alone, it’s about stewardship of information.
By appointing a competent DPO, you’re not just complying with a law — you’re sending a clear message: We take your data seriously.
Has your organisation appointed a DPO yet? If not, AKATI Sekurity can help.
Book a compliance consultation today at www.akati.com
