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Deepak Pillai

Partner

Practice Area:

Technology, Media & Telecommunications, Data Privacy

BA (Law), University of Durham, UK
Advocate & Solicitor, Malaysia

T +603 2273 1919 / +601 2213 4674
E deepak.pillai@christopherleeong.com

Deepak has practiced exclusively in the areas of Technology, Media & Telecommunications law and Data Privacy since 1997 and is acknowledged as a leading Telecommunications & Technology lawyer in Malaysia.  He heads the TMT and Data Privacy practice group of the firm.

Deepak advises a wide array of international, private and public sector clientele on matters relating to IT contracts, outsourcing, electronic/mobile commerce, online financial services, telecommunications, IT security, digital media and personal data protection. He deals with the commercial, regulatory and policy issues arising out of any TMT transaction undertaken by the firm’s clients, which may range from advising government agencies on new technology related legislation and policies, to negotiating complex information technology contracts and their schedules.

 Described in the Legal 500 over the years as “the most recognised IT specialist in Malaysia”, and “pioneering the practice of IT law as a discrete area of law in Malaysia ... almost single-handedly educating the market” and "he has an innate understanding of technology related issues whether from the legal or the business standpoint", Deepak has been consecutively listed by the Asia Pacific Legal 500 as a leading individual in the area of IT and Telecommunications from 2001. 

Experience
Technology 
  • Advised Malaysia’s largest financial services group on the first consumer and corporate Internet Banking service
  • Advised the Government of Malaysia on its legal policy and drawing up the guidelines in relation to the adoption and use of open source software (OSS) within the public sector.
  • Advised the Government of Malaysia as to the drawing up of Malaysia’s domain name dispute resolution procedure and rules (MYDRP) for the .my internet domain.
  • Advised a national security agency on the legislative framework applicable to cyber activities in Malaysia as part of a cross-governmental working group initiative.
  • Represented the Selangor State Government in implementing a state-wide network of CCTV cameras for the purposes of security and traffic monitoring via a BLT arrangement.
  • Acted for several Malaysian financial services groups in negotiating their respective contracts for replacement of their core banking systems, and the relevant licensing, support and maintenance agreements.
  • Advised and acted for several Malaysian financial services groups in negotiating a variety of outsourcing arrangements, including but not limited to the outsourcing of IT infrastructure, application management, security services, self-service terminals and transfer of the relevant staff.
  • Advised and acted for a financial group in negotiating the first central bank approved co-location of primary IT infrastructure with a global service provider. 
  • Advised Malaysia’s largest financial services group on the front and back-end agreements required in order to implement and roll-out several mobile applications on a regional basis.
  • Advised a global hardware and services provider on their cloud services offering for the Malaysian market, including addressing regulatory obstacles, requirements of specific sectors and the applicable terms and conditions.
  • Advised and represented a MSC status company on the structuring and setting up of an E-Passport issuance and management service in the Kingdom of Cambodia.
  • Advised a publicly listed IT Solutions provider on the structuring and setting up of the commercial and transactional framework for the provision and issuance of National Identity Cards on a BOT model in the Republic of Indonesia.
  • Rendered Malaysia specific regulatory and legal advice to an internet-based global travel and accommodation service provider.
  • Acted for a government backed applied IT research and development centre and dratted their standard agreements for collaboration, research, development, technology acquisition and licensing.
Telecommunications
  • Represented clients and participated in the drafting of the subsidiary legislation to the Communications and Multimedia Act 1998.
  • Participated in setting up the Communications and Multimedia Content Forum of Malaysia and the drafting of the Malaysian Communications and Multimedia Content Code.
  • Acted for a consortium of companies on the implementation of Mobile Number Portability in Malaysia and negotiated the various agreements between the Malaysian Communications and Multimedia Commission, mobile operators and the consortium partners.
  • Advised and represented clients in discussions with the Malaysian Communications and Multimedia Commission in relation to the five year periodic review of the Numbering and Electronic Addressing Plan.
  • Advised on a joint venture agreement to build and operate a state-wide next generation network for the state of Penang, inclusive of drafting the relevant agreements.
  • Advised the administrator of the .my domain on the re-delegation of the management of the .my domain name space and obtained the relevant regulatory consents from the Malaysian Communications and Multimedia Commission and ICANN.
  • Advised a major Malaysian telecommunications provider as to the implementation of digital signatures in accordance with Digital Signature Act 1997 and the Electronic Commerce Act 2006 for the purpose of a mobile content development service.
  • Advised various multinational telecommunication companies and service providers on the regulatory and licensing requirements of the Malaysian telecommunications industry, including their respective applications for various licences under the CMA 1998. 
Personal Data Protection
  • Advised a broad range of institutional clientele on compliance with the Malaysian Personal Data Protection Act 2010 prior to its enactment, including conducting audits of their personal data collection practices, making recommendations for compliance, amending the their relevant agreements, drawing up relevant policies and procedures.
  • Represented the banking and financial sector in drawing up a mandatory industry code of practice which shall have the force of law upon approval of the Privacy Commissioner.
  • Represented the communications and broadcasting sector in drawing up a mandatory industry code of practice which shall have the force of law upon approval of the Privacy Commissioner.
  • Advised various multi-nationals on specific issues privacy, e.g. transfer of personal data abroad, privacy notices for employees and agreements with data processors.
Memberships / Directorships
  • Member, Ad-hoc Committee on Data Protection, Bar Council, Malaysia
  • Member, IT and Cyberlaw Committee, Bar Council, Malaysia
  • Panellist for Domain Name Disputes, Kuala Lumpur Regional Centre for Arbitration (KLRCA)
  • Associate member, The National ICT Association of Malaysia (PIKOM)
  • Member, the Society of Computers and Law, UK
  • Member, International Technology Law Association, USA
Publications
  • Contributor, Compendium on Information Network Security, Malaysian Communications and Multimedia Commission (MCMC)
  • Contributor, Data Protection & Privacy (2nd Edition), Thomson Reuters