Regional Round-Up: Malaysia Q4 2021 (Year in Review Edition)

Following the Malaysian Government’s consistent efforts in 2020 to provide temporary relief and enact legislation to address the challenges and changes brought about by the COVID-19 pandemic, 2021 has seen a shift of emphasis to address different issues. These include early precedents on recently enacted laws and noteworthy case law involving high profile cases. These developments include:

• the precedent on the liability of online intermediary platforms for third-party content;
• the precedent on what constitutes criminal breach of trust and money laundering;
• the precedent on the first corporate liability charge under the Malaysian Anti-Corruption Act 2009;
• developments in the Competition Law following a decision by the Malaysian Competition Commission; and
• enforcement trends for accounting fraud under the Capital Markets and Services Act 2007.

There have also been several cross-border legal updates in the areas of admiralty, shipping, and energy laws, such as:

• the implementation of the Protocols on Court-to-Court communication and cooperation in Admiralty, Shipping and Cross-Border Insolvency matters; and
• the issuance of the second edition of the Guide for Cross-Border Electricity Sales.

On the employment law front, the Industrial Relations (Amendment) Act 2020 and Employment (Amendment) Bill 2021 have led to discussions on the practicalities of their implementation and enforcement – something all organisations should be aware of.

The introduction of the Malaysia Digital Economy (MyDIGITAL) Blueprint is also expected to trigger a series of legal changes in the coming years including in the areas of personal data protection, telecommunications, competition, and intellectual property, starting with the revamp of the Content Code in the area of telecommunications law.