1. Cryptography Restriction
There is no export or import restriction on cryptography tools in Malaysia. Any transfer of devices and technology related to cryptography from Malaysia to another country or vice versa is allowed without any need for licenses. In terms of the use of crypto, no restrictions are in place and the public can use it freely.
2. List of Legislation
2.1. Computer Crimes Act 1997
Art. 10(1)(b) of the Computer Crimes Act 1997 requires (likely) users and people otherwise concerned with the operation of computers or material, during a search, to provide reasonable assistance for the purpose of accessing programs or data or material that is reasonably suspected to be used in connection with an offence under the Act, as well as to produce any information contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible. Refusal to cooperate is punishable with at most RM 25,000 and/or three years’ imprisonment (art.11).
2.2. Digital Signature Act 1997
Art. 79 of the Digital Signature Act 1997 requires people, during a search, to give access to computerized data whether stored in a computer or otherwise, which includes providing the necessary password, encryption code, decryption code, software or hardware required to enable comprehension of computerized data. Refusal to cooperate is punishable with the most RM200, 000 and/or four years, imprisonment (art.83).’
The Digital Signature Act was enforced on the 1st October 1998. The Digital Signature Act 1997 aims at promoting the processing of transactions especially commercial transactions, electronically through the use of digital signatures. This Act is an enabling law that allows for the development of, amongst others, e-commerce by providing an avenue for secure on-line transactions through the use of digital signatures. The Act provides a framework for the licensing and regulation of Certification Authorities, and the recognition of digital signatures. The Controller of the Certification Authority who has the authority to monitor and license recognized Certification Authorities was appointed in 1st October 1998.
2.3. Communication and Multimedia Act, 1998
Art. 249 of the Communication and Multimedia Act requires people, during a search, to give access to computerized data whether stored in a computer or otherwise, which includes providing the necessary password, encryption code, decryption code, software or hardware required to enable comprehension of computerized data. Refusal to cooperate is punishable with at most RM100,000 and/or two years’ imprisonment (art. 242). This Act contains a provision (art. 256(2)) allowing people to refuse answering questions if they thereby would incriminate themselves; by contrast, the privilege against self-incrimination can be deemed not to hold for complying with a decryption order.’
2.4. Companies Act, 1965
Malaysian law which relates to companies
2.5. Contract Act, 1950
In Malaysia, our contract law is basically governed and enforced by Contract Act, 1950.
2.6. Copyright Act, 1987
The basic law of copyright in Malaysia is under the Copyright Act 1987 which came into force on 1 December 1987. The law has undergone various significant updates since then, with amendments to the Act taking effect in 1990, 1999, 2000 and 2003
2.7. Malaysian Communications and Multimedia Commission Act, 1998
A regulatory body and its key role is the regulation of the communications and multimedia industry based on the powers provided for in the Malaysian Communications and Multimedia Commission Act (1998), the Communications and Multimedia Act (1998), and the Strategic Trade Act (2010). Pursuant to these Acts, its role is also to implement and promote the Government's national policy objectives for the communications and multimedia sector. MCMC is also charged with overseeing the new regulatory framework for the converging telecommunications and broadcasting industries and online activities. In 2001, MCMC's role was expanded to include overseeing the postal service sector pursuant to the Postal Services Act 1991 and licensing of the Certification Authorities under the Digital Signature Act 1997.
2.8. Copyright (Amendment) Act, 1997
The basic law of copyright in Malaysia is under the Copyright Act 1987 which came into force on 1 December 1987. The law has undergone various significant updates since then, with amendments to the Act taking effect in 1990, 1999, 2000 and 2003.
2.9. Personal Data Protection Act, 2010
A legislation enacted by the Parliament of Malaysia to protect the privacy and personal data of individuals. It regulates the process personal information is acquired, kept, used or disclosed by data controllers and data processors by requiring compliance with certain data protection principles. Non compliance with provisions of the Act may attract either civil liability, or criminal sanctions, or both, depending on the nature of the infraction. The Act also establishes a Data Protection Commission, which is mandated to ensure compliance with its provisions, as well as maintain the Data Protection Register.