We regularly advise clients in relation to data protection and privacy matters. Our assistance is of value when assisting our clients with the setting up of data / communications / IT centres in Malaysia where, cross border data would either be transferred to or on transit via Malaysia.

The rapid growth of e-commerce has seen a transformation in the virtual marketplace, with a plethora of e-businesses racing to establish their places in the virtual marketplace. Existing businesses are also migrating from their traditional bricks-and-mortar business model to the click-and-mortar business model. The speed of this e-commerce phenomenon has led to an increasing need for legal advice to deal with the various legal issues, which have proliferated from this development. There are a multitude of laws and regulations, which impact upon e-commerce. With this in mind, to assist our clients, our T&T Practice Group works hand in hand with our Corporate & Commercial and Intellectual Property Practice Groups to advise on intellectual property matters, including the licensing and regulation of intellectual property rights, licensing, drafting, vetting, reviewing and the negotiation of intellectual property and technology contracts.

The primary statute regulating environmental issues in Malaysia, the Malaysian Environmental Quality Act 1974 was amended in 2005 to include a new category of Scheduled Waste more commonly referred to as “e-Waste” (which may include used integrated circuit and used IT equipment). By virtue of its classification as Scheduled Waste, the dealing, disposal, import and export, treatment, transport and storage of e-Waste is heavily regulated and subjected to licensing requirements from the Malaysian Department of Environment.

In Malaysia, the Malaysian Digital Signature Act 1997 and the Malaysian Digital Signature Regulations 1998 were introduced as part of the Malaysian Cyber Laws to regulate Certification Authorities and the utilisation of Digital Signature(s) in Malaysia. During the course of our practice, we have advised on the use of encryption technology and digital signature in respect of the provision of Internet Banking, e-commerce, e-Procurement systems and lately, its use in relation to mobile commerce.

Competitions on websites or over the Internet and computer games are increasingly gaining popularity in Malaysia. Generally, the conduct of competitions whereby no element of chance is involved is not prohibited under the gaming laws in Malaysia. On the other hand, computer games played over the Internet may be subjected to local censorship laws and content regulations. In this connection, we have been requested by providers of multimedia both local and overseas to assist with the review of the structure of such competitions and / or the contents of computer games prior to launching in Malaysia to ensure compliance with local laws and regulations.

Malaysia has held third place in the world for in the world for three years in a row after India and China as location for offshoring of services activities according to AT Kearney Global Services Location index 2007. We have been called upon to render advice with regards to the setting up of IT / Communication Centres in the popular Multimedia Super Corridor, assisting with the documentations that govern the outsourcing of services and / or the ancillary transfer of technology that follows the outsourcing and regulatory / licensing compliance with local laws or regulations.

We provide know how in the drafting of technology related contracts. We work with our clients in relation to transactions with regards to the provision, development, implementation and management of information systems and electronic communication, regulatory and compliance aspects relating to the provision of information and communication technology systems. Our clients include regulators of the multimedia industry, providers of multimedia solutions, satellite televisions operators, Internet Protocol televisions operators, telecommunication providers and users.

The telecommunications industry in Malaysia is heavily regulated by the Malaysian Communications and Multimedia Act 1998 and its ancillary Regulations. We have rendered advice to clients locally and abroad on network facilities & services and application service & content applications services licensing requirements, content & consumer forums, interception of telecommunications, technical & rate regulations, network intervention restrictions, importation of telecommunications equipment & encryption equipment, provisioning of satellite services & the use of navigational & aeronautical navigation, network access, interconnect requirements, content restriction and consumer protection issues, spectrum assignment and Universal Service Provision issues.

Our clients include the incumbent of telecommunications provider in Malaysia, satellite televisions operators, Internet Protocol televisions operators, telecommunications providers and users, operators and providers of telecommunications technology.