Jillian leads the Privacy and Data Protection practice and is also part of the firm's TMT practice.
She focuses on advising local and multinational companies in respect of data protection and privacy issues. Jillian’s experience in this area includes reviewing and drafting of relevant documentation such as privacy policies, data processor agreements and data transfer agreements as well as undertaking comprehensive data protection exercises to bring her client’s internal practices, in line with the requirements of the privacy and data protection laws.
She is also well versed in the Technology, Media and Telecommunications industry and advises a wide range of global telecommunications and technology companies in respect of their investments and service offerings into Malaysia.
Her other areas of practice include intellectual property, online gaming and gambling. She also handles registration of industrial designs and general advisory work relating to intellectual property rights.
Key Practice Areas
- Privacy and Data Protection
- Technology, Media and Telecommunications
- IP Registration and Prosecution
- Entertainment, Gaming and Media
- Advertising and Product Liability
Jillian regularly advises local and multinational companies in respect of data protection and privacy issues. Jillian’s experience in this area includes reviewing existing global privacy policies and data processing agreements for compliance with local laws as well as undertaking comprehensive data protection exercises to bring client’s internal practices in line with the requirements of the Personal Data Protection Act 2010 (“PDPA”). Some of notable matters include:-
- On the panel of a prominent social media platform with a large presence in Asia which includes advising the clients on various data protection and privacy issues relating to the client’s various offerings in Malaysia. The scope of the advice includes reviewing the client’s global privacy policies for its gaming platforms and products, exploring data protection issues in respect of use of artificial intelligence (AI) and facial recognition software as well as data access issues in respect of data contained in the client’s data centre.
- Advising a well known global insurer in respect of data sovereignty and data localisation requirements both from the aspects of the PDPA as well as insurance related laws and guidelines.
- Advising a large telecommunications company in relation to various issues relating to the compliance in view of the upcoming implementation of the PDPA. This advice included recommended steps as well as advice on the obligations required to be complied with. Advising a leading software development company in respect of data protection issues in relation arising out of the deployment of software for banks and financial institutions, as well as advising on data protection issues arising out of providing online books in a cloud computing environment. This included advice on notice and consent provisions as well as requirements in relation to transfer of data out of the country.
- Advising a prominent international insurance institution in relation to data protection issues arising out of the use and implementation of encryption and monitoring software.
- Advising several international charitable organisations and non-governmental organisations in respect of data protection issues. Including data protection issues arising out of collection of data via websites and reviewing and amending their privacy policies for compliance with Malaysian laws and drafting data processing contracts for their internal use.
- Advising on specific governmental regulations in relation to privacy and data protection across various industries including the telecommunications, healthcare and banking industries.
- On the panel of a prominent social media platform with a large presence in Asia which includes advising the clients on various telecommunications regulatory issues relating to the client’s various offerings in Malaysia. This included advising clients on:
- the intended set up of their data centre in Malaysia for the provision of various cloud services into Malaysia. The scope of the advice spanned across a wide range of issues including advising on telecommunications licensing issues in respect of leasing dark fibre and operating the same to support a range of over 80 types of cloud based services including video on demand (VOD) products, gateway, VPN and SSL certificate services.
- the roll out of its online voice and video conferencing service to facilitate meetings and communications in light of the Covid-19 outbreak. The work included advising on telecommunications related issues in particular regarding IP telephony and VoIP as well as on employment law and data protection issues in respect of use of remote working services to support human resource functions in light of work from home arrangements.
- Advising a well known streaming service provider on its proposed roll-out of the subscription video on demand over-the-top streaming service in Malaysia. This entails detailed advice on the regulatory requirements in Malaysia concerning carrying on business, corporate and telecommunications licensing, permits and approvals that may be required for the OTT streaming service, content regulation, employment, intellectual property, consumer protection and data protection as well as review of documents related to the OTT service. We are also advising the client on music licensing and related copyright issues.
- Advised an American satellite communications company pertaining to its proposed Mobile Satellite Service (MSS), to be offered in various jurisdictions in Asia, including Malaysia. The work included advising the client on regulatory issues surrounding securing landing rights for its Big Low Earth Orbit MSS which spanned across topics such as telecommunications licensing, frequency and spectrum licensing among others.
- Advised an international manufacturer of industrial products on the implementation of its Industry 4.0 / Internet of Things (IoT) product based on machine-to-machine communication to be rolled out in several jurisdictions, including Malaysia. The work included advising on potential telecommunications licensing where we were involved in liaising with the regulator (the Malaysian Communications and Multimedia Commission). The advice also explored other regulatory and compliance issues pertaining to the implementation of IoT technologies in the client’s machinery and equipment such as permanent roaming as well as legal obligations in relation to cybersecurity.
- Advised on the supply of security operations centre (SOC) services by a company, the principal business activities of which include investment holding, IT Security and IT related businesses. Our role included preparing template agreements for the client’s business. The client is part of a group that is one of the leading business process outsourcing service providers, specialising in managed security services and the operation of a security operations centre.
- Acted for a consulting company in relation to a systems integration and operations agreement with the Malaysian government for the implementation of a nationwide automated traffic enforcement system. Assisted reviewing, drafting and advising the consulting company in respect of the sub-contracts as well as the prime contract with the government.
- Advised on and reviewed an outsourcing agreement for a multinational conglomerate whose subsidiaries specialize in various Internet-related services and products, entertainment, artificial intelligence and technology globally, for its e-wallet services. The client is one of the largest technology players in the world and a dominant player in the mobile payments market. Also providing ongoing assistance to the client on various other agreements concerning their e-wallet services into Malaysia.
- General advisory work on intellectual property right protection, in particular registration of industrial designs.
- Advising on and drafting of contracts in intellectual property related areas including assignment and licensing of intellectual property rights as well as distributorships.
- General advisory work on online gaming and gambling, including advice on the regulatory framework for organisation of commercial promotions, competitions and contests.
- Advising on issues related to media and entertainment, including advising producers, artists and streaming service providers on ownership and licensing of rights.
- Drafting various media and entertainment-related agreements.
- Regularly advise clients on advertising requirements including on the Malaysian Communications and Multimedia Content Code and the Malaysian Advertising Code of Practice issued by the Advertising Standards Advisory (ASA).
- Advisory work on industry specific advertising restrictions, in particular for the alcohol and tobacco industry.
- Advised in relation to non-compliance, failure to meet standards or safety issues of general consumer products and other regulated products, including on reporting obligations and corrective action or recall requirements.
- Trade Mark Agent
- Advocate and Solicitor, High Court of Malaya (2007)
- Barrister-at-Law (Lincoln’s Inn) (2006)
- LL.B (Hons), University of Nottingham (2005)
- Committee Member, Licensing Executives Society Malaysia (LESM)
- Committee Member, Malaysian Bar Council’s Personal Data Protection Committee
Authored the following articles:
Privacy and Data Protection
- "Malaysia: Data Protection Compliance during Covid-19 Movement Control Period" - Data Guidance.
- "Data Breaches under the Malaysian PDPA" - Data Guidance
- “New Laws to Protect Personal Data” – Malaysian Current Law Journal (CLJ)
- Malaysian chapter on “Workplace Data: Law & Litigation” - ABA and Bloomberg BNA treatise, with Siva Kumar Kanagasabai
- “Personal Data Protection Act 2010 – Recommended Compliance Measures” - Malaysian Financial Planning Council’s (MFPC) Financial Magazine
Telecommunications and Technology
- Co-authored the update to Halsbury Malaysia "Media & Communications" Volume with Natalie Lim.
- A Malaysian chapter in the in a publication entitled “Getting the Deal Through- E-Commerce” - Law Business Research Limited, with Charmayne Ong
- A Malaysian chapter forming part of an outsourcing comparative analysis in the publication entitled “E-Commerce, Technology and Communication” - Sweet & Maxwell's Journal
- “Strategic Trade Act 2010” - Asia-Pacific News, Computer Law and Security Report (CLSR)
Delivered the following presentations:
- Panellist at the session entitled "GDPR and the urgency of data protection law in Indonesia’ at the IBA-PERADI Corporate Counsel Conference: Global and Local Legal Perspective in Investment", Bali.
- Speaker at Advertising + Marketing magazine’s Digital Marketing Asia conference on “Striking the balance between data privacy and personalisation”
- Speaker, "Data Privacy Asia", Singapore
- Speaker, "The Personal Data Protection Act and its impact on Malaysia", 4th EDPD (European Data Protection Days), Berlin
- Speaker, "Consent & sensitive data - The basics and beyond", Asian World Summit’s 4th Annual Data Protection Conference
- Panellist, webinar on "State of Privacy in Malaysia", hosted by Data Guidance
- Speaker, "Personal Data Protection and the Cloud", FMM’s ICT Conference
- Speaker, "Cloud of Doubt- The Practical and Legal Concerns", at a special seminar organised by the Malaysian Institute of Accountants (MIA)
- Ranked Band 3 in Chambers Asia-Pacific 2022 for Technology, Media, Telecoms (TMT).
- “Jillian Chia is well placed to advise clients on telecommunications licensing, cloud services offerings and technology-related regulatory compliance in Malaysia. A source confirms that "she provides clear and practical advice on regulatory issues.”– Chambers Asia-Pacific 2022
- Ranked as a Notable Practitioner in AsiaLaw Profiles 2021.
- “Chia is very responsive and understands how demanding our clients are. She is able to work well in meeting the deadlines, which are sometimes quite unreasonable of clients.” – AsiaLaw Profiles 2021
- Ranked as an “Up-and-Coming” lawyer in Chambers Asia-Pacific 2020 and 2021 for Technology, Media, Telecoms (TMT).
- “Concise, obliging - IP expert Jillian Chia has experience in media as well as in matters pertaining to the Internet of Things (IoT).” - Legal 500 Asia-Pacific 2019
- Listed as an “experienced IT and telecoms lawyer”, Legal 500 Asia-Pacific
- Listed as a “notable practitioner”, Legal 500 Asia-Pacific