The Personal Data Commissioner (“PDP Commissioner”) acknowledges that each Data User has different business practices and operates from different business locations. The PDP Commissioner gives discretion and general flexibility to each Data User to deal with any issue arising under the TA, provided that the PDP Commissioner must be consulted before any Data User takes any action outside the scope of the TA. The PDP Commissioner shall inform the Data User of any decision within a reasonable period after consultation, and if not, the matter shall be deemed to have been approved by the PDP Commissioner.

TA is provided by the Data User under Section 23(1)(b) APDP and applies to the Utility (Electricity) Sector namely Tenaga Nasional Berhad (“TNB”), Sabah Electricity Sdn. Bhd. (“SESB”) and Syarikat SESCO Berhad (“SESCO”) with the approval of the PDP Commissioner and taking into account the views of the Malaysian Energy Commission and the Sarawak Ministry of Utilities.

Compliance with the TA shall be a defense to TNB, SESB and SESCO against any action, prosecution or proceeding, whether through litigation, administrative tribunal or alternative dispute resolution for one or more alleged APDP violations. The defense also applies to a place outside of Malaysia that does not have data protection, specific legislation or if that legislation is deemed to be inadequate in relation to the Processing of Personal Data.