To All Our Valued Clients,
The Personal Data Protection Act 2010 (“PDPA”) has recently come into force which regulates the processing of personal data in commercial transactions. In line with the PDPA, this Personal Data Protection Notice (“Notice”) is to inform you of how we collect and process your personal data in the course of our appointment and engagement by you in providing legal services as well as your rights under the PDPA.
We understand the importance of privacy and sensitivity of our clients. We are therefore committed to protecting the privacy of our clients and strive to provide a safe and secure lawyer-client interaction.
In the course of our working relationship together, we will be required to obtain and process personal data obtained either from you or other sources. This is so that we may obtain a better understanding of your business and your needs and will enable us to provide a better service to you.
Although the PDPA specifically appears to permit processing and disclosure of data in the course of legal and contractual matters, so as to avoid any doubt, we request that you consent, so that we may, as your Advocates and Solicitors, use and process any of the data given by you or your representatives to our firm for purposes and in the course of providing legal services to you.
By your appointment or engagement of us to provide services to you and by accessing this website, we take it that you consent to us obtaining and processing your personal data as provided under the PDPA unless otherwise expressly notified by you to us in writing to the contrary.
For those of you in respect of whom our engagement has already been completed we will take it that you consent to our continued retention of your personal data as we may have in our possession and to process the same as and when required for reasons such as maintaining our own internal filing and records, any regulatory requirements and any other purposes as further stipulated below unless you inform us otherwise in writing to the contrary.
This Notice may be amended and updated periodically. You are advised to check on our website or to give us a call if you wish to speak to us on this. As far as it is permitted by law, we will be glad to oblige to your requests. By continuing to use our services or website, you hereby confirm and signify your acceptance to any amendments or updates that may be made to this Notice. In the event of a conflict between the Notice in English and the national language version, the English language version shall prevail.
What is Personal Data?
In general terms, personal data means any information that identifies you. As your Advocate and Solicitor, we will collect and process your personal data in the course of our engagement to you in order for us to advise you and protect your interests.
The type of data collected and processed by us includes:
- name, nationality, date of birth, NRIC number, passport number, gender, residency status, correspondence address, home address, contact details including mobile, office and residential telephone and facsimile number, email address, banking and financial details, creditworthiness information;
- information relevant to your employment/business including the name and particulars of your employer/business;
- information on any existing or past legal issues and disputes with other parties;
- such other information that is relevant or required for our engagement as your Advocate and Solicitors to provide legal services including compliance with any legal or regulatory requirements; and
- any additional information provided by you or third parties about you.
The accuracy and completeness of your personal data depends on the information you provide. We will assume that the information that you have provided is accurate, up to date and complete unless you inform us otherwise.
How We Process Your Personal Data?
All information given to us is only used and disclosed in accordance with our professional duties to you as your Advocate and Solicitor. This is an obligation which we would steadfastly honour even without the PDPA.
Your personal data may be processed for the following purposes, without limitation:-
- for identity verification;
- for the maintenance of a client database for financial and administrative purposes;
- to communicate with you and to respond to your enquiries;
- for any purpose related to or connected with our legal engagement;
- to comply with any legal or regulatory requirements;
- to enforce or defend our legal rights;
- to alert you or send you materials that may be of importance to you or your business; and
- to promote, offer or market our services to you.
Disclosure of your Personal Data
There are times when some of your data will be processed internally by our staff and even disclosed by us in the course of our retainer as your Advocates and Solicitors.
Your data might also be passed to third parties in circumstances such as:-
- other lawyers and consultants who may be engaged with your consent in the course of our working relationship;
- under Court Procedures where other parties might be able to force you to disclose data to them for purposes of the litigation process;
- to any persons for purposes of compliance with legal or regulatory requirements;
- our data processors such as banks, financial institutions, storage services and IT services;
- our professional advisors such as auditors, insurance brokers and tax advisors; or
- any other circumstance that may be necessary or permitted under the law.
While such disclosure of data by you to us is ultimately at your choice and cannot be compelled by us, you will know that it is very often difficult for a client to give proper instructions and for a lawyer to give proper advice without full and frank disclosure of all relevant data.
It is a fundamental aspect of the relationship between a client and lawyer that such disclosures can be made in the knowledge that any information given to a lawyer is privileged and confidential.
Right to Access and Amend Personal Data
The disclosure of personal data by you is voluntary but kindly note that if you do not provide us with the necessary or sufficient personal data, we may not be able to provide effective legal services to you. It is your right to have access to your personal data and to correct any inaccuracies.
Should you wish to view any personal data (if we have it) for any purpose such as ensuring the accuracy of it, we would be happy to allow you to do so within the framework of the PDPA. Please let the Partner or Associate with whom you are dealing know of your wish.
We should say, for completeness, that we do not foresee any material changes in the way we have always treated your data, and our request above is prompted by the need to comply with the formalities of the PDPA.
Should you have any queries as to how the PDPA affects our relationship with you or should you require any assistance as to the application of the PDPA to yourselves please contact the Partner or Associate with whom you are dealing or myself.
If you are not sure whether you are required to register and comply under the PDPA, you are strongly advised to confirm with the Ministry of Communications and Multimedia Malaysia via Personal Data Protection Department of Malaysia (www.pdp.gov.my) immediately. If you require any advice or help, please contact us. We will be glad to be of assistance.
Lim Kian Leong