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:-
- Advising a leading food and health supplements enterprise in reviewing their internal security and privacy guidelines as well as their local procedures in respect of collection of personal data by the personnel in the organisation.
- 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 a well-known social networking provider in respect of privacy and data protection issues such as storage of personal data, transfer of personal data, retention periods etc.
- 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 leading healthcare product brand in relation to data protection issues in relation to the provision of the healthcare website provided for its employees. Advising on the required notice and consent provisions.
- Advising on specific governmental regulations in relation to privacy and data protection across various industries including the telecommunications, healthcare and banking industries.
- Provided ongoing advice to a major global information technology service provider in respect of hosting of its data centres in Malaysia. The scope included advising on various issues including interception powers by regulatory bodies, encryption requirements as well as media and content regulation.
- Advised a client on the use of its technology in Malaysia, including the use of drones and IoT machinery for the purposes of construction and land survey; our advice included advising on telecommunications, customs, mapping, data protection and construction laws.
- 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. Skrine also prepared template agreements for the Client’s business. 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. The work done is significant because cybersecurity is a growing practice area with clients increasingly prioritising cybersecurity and maintaining the integrity of their IT assets.
- 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.
- Represented one of the leading mobile network service providers in Malaysia in respect of its IT transformation project, which involved drafting, advising and negotiating the main contract with a prominent international IT vendor.
- Acted for a major Indonesian Bank in reviewing, drafting, advising and conducting negotiations in relation to the System Licence and Services Agreement with a Labuan incorporated company. This complex transaction involved:-
- Licence and implementation of a new system to process the Bank’s daily banking transactions;
- Outsourcing of the Bank’s data centre, disaster recovery facility and management services; and
- Provision of maintenance services of the licensed system in Indonesia.
- Acted for a leading international life insurance company in reviewing, drafting, advising and conducting negotiations in relation to a managed contact centre services agreement which involved outsourcing of call centre management services to a leading IT service provider in Malaysia.
- Acted for a prominent Islamic insurance operator in Malaysia in reviewing, drafting and advising in relation to an IT infrastructure operations management services agreement with a leading IT service provider. This transaction involved the outsourcing of the management of the insurance operator’s IT systems.
- 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.
- Provided ongoing advice in respect of the launch of a new, cutting edge telecommunications device in Malaysia. Advice provided was in relation to a host of issues ranging from certification rules and procedures, competition and privacy issues, consumer protection issues, telecommunications law and import-export regulations to review of the packaging, labelling, user guidelines and service level agreements of a novel, cutting edge communications device.
- Acted for a prominent broadband service provider in Malaysia in reviewing, drafting, advising and conducting negotiations in relation to a collaboration arrangement with a leading television, interactive and multimedia service provider to provide Internet Protocol television (IPTV) and broadband access services as part of a bundled service.
- Acted for a leading Malaysian telecommunications provider in researching, reviewing, drafting, advising and conducting negotiations in relation to various IT and telecommunications agreements as part of a legal outsourcing arrangement.
- Assisted in researching, reviewing, drafting and advising on behalf of a leading mobile network service provider in Malaysia in relation to a network access and services agreement.
- 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)
- Treasurer, Licensing Executives Society Malaysia (LESM)
- Committee Member, Malaysian Bar Council’s Personal Data Protection Committee
Authored the following articles:
Privacy and Data Protection
- “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.
- “Updates on the Malaysian Personal Data Protection Act 2010 – Proposal Paper on Guide on the Management of CCTV Under Personal Data Protection Act (PDPA) 2010” - Asia-Pacific News, Computer Law and Security Report (CLSR), with Natalie Lim.
- “Updates on the Personal Data Protection Act 2010- Public Consultation paper on the Class of Data Users” - Asia-Pacific News, Computer Law and Security Report (CLSR).
Telecommunications and Technology
- 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:
- 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 Act 2010’, at a seminar organised by Federation of Malaysian Manufacturers (FMM) Federal Territory and Selangor.
- 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).
- “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