Terms & Conditions for Your Website: Is It Really Necessary?
Why Malaysian business websites need T&Cs and a PDPA-compliant Privacy Notice — what to include and the risks of going without.
Lawgistics October 1, 2024 4 min read
InsightsYes. Whether you're running an e-commerce store, a SaaS platform, or a professional services website in Malaysia, your Terms & Conditions (T&Cs) do real legal work. Here's what they cover and why they matter.
Limiting Your Liability
Your T&Cs are where you disclaim warranties, limit liability for service disruptions, and define what remedies users have if something goes wrong. Without them, your liability defaults to whatever the law implies — which is almost always more exposure than you want.
Protecting Your Intellectual Property
Your T&Cs should specify that the content on your site — copy, images, software, product descriptions — belongs to you and cannot be reproduced without permission.
Governing Law
For a Malaysian business, specify that Malaysian law governs disputes and that Malaysian courts have jurisdiction. This is particularly important if you have international users.
User Obligations
For platforms with user-generated content, define what users can and cannot post. Establishing terms that prohibit illegal content, defamation, and infringement gives you the contractual basis to remove content and terminate accounts.
PDPA Compliance
Malaysia's Personal Data Protection Act 2010 requires that if you collect personal data from users, you must have a Privacy Notice explaining what data you collect, why you collect it, and who you share it with. This is typically a separate document linked from your T&Cs — but they work together. Operating without a PDPA-compliant Privacy Notice exposes you to enforcement action by the Personal Data Protection Commissioner.
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