RAVINDRAN Advocates & Solicitors

THREE LEGAL TRENDS MALAYSIAN BUSINESSES SHOULD WATCH IN 2025 As we kick off the new year, staying ahead of legal trends is essential for businesses operating in Malaysia. Here are three key areas to keep an eye on in 2025: 1. Data Privacy and Cybersecurity Compliance The Personal Data Protection Act 2010 (PDPA), recently amended, has introduced stricter requirements for data controllers and processors, including mandatory data breach notifications and increased penalties for non-compliance. The amendments also include extraterritorial provisions, which mean even foreign businesses processing Malaysian data are subject to the law. Additionally, the Cybersecurity Bill—expected to be enacted in 2025—will likely impose further obligations on businesses to strengthen cybersecurity measures and report incidents promptly. Businesses must invest in robust data protection measures, update privacy policies, and provide employee training to mitigate risks of breaches and penalties. 2. ESG Reporting Bursa Malaysia has expanded the Main Market Listing Requirements to include enhanced sustainability reporting under the Sustainability Reporting Framework. These disclosures now require more granular reporting on climate risks, carbon emissions, and social impact metrics, aligning with international standards such as the Task Force on Climate-Related Financial Disclosures (TCFD). For non-listed companies, voluntary compliance with frameworks like the Malaysian Code on Corporate Governance (MCCG) is increasingly becoming an industry expectation. Certain businesses will be required to conduct ESG audits, establish reporting systems, and integrate sustainability into corporate strategy to attract investors and meet stakeholder expectations. 3. Labour Law Reforms The recent amendments to the Employment Act 1955, which came into effect in January 2023, continue to ripple through workplaces. Key changes include reduced working hours (from 48 to 45 hours per week), expanded maternity and paternity leave, and protections for contract workers. Additionally, discussions on legislating rights for gig and platform workers under a new Gig Economy Bill may result in businesses being required to provide social security contributions (e.g., SOCSO under the Self-Employment Social Security Act 2017). It is prudent for businesses to reassess employment contracts, work policies, and benefit structures to ensure compliance and maintain workforce morale. Why This Matters These legal changes are more than compliance requirements—they shape how businesses engage with customers, employees, and stakeholders. By understanding and proactively responding to these trends, companies can secure competitive advantages while reducing legal risks. Are your strategies aligned with these changes? 

GRAND FINALE TO 2024 FOR RAVINDRAN Advocates & Solicitors We had an incredible time hosting a Christmas Cocktail Party at RAW, Else Kuala Lumpur on 28.11.2024 alongside JS PARTNERS, Melbourne Capital Group, Bespoke Dental, KASS International, and Hive Climate AI. This unique collaboration brought together a law firm, an accounting firm, a private wealth management firm, a dental clinic, an intellectual property firm, and a venture capital firm. The diversity in this partnership is what made it so special—each organisation bringing its own expertise, perspective, and values to the table. It was a testament to how collaboration across industries can spark creativity, innovation, and shared success. The evening brought together our friends, partners, and clients to celebrate a year of shared achievements and meaningful connections. It was a wonderful reminder of the power of collaboration. Working with organisations that share our values has allowed us to deliver greater impact, foster innovation, and build relationships that truly matter. When values align, success becomes a collective journey—and last night was a celebration of just that. Thank you to everyone who joined us. Here’s to continued partnerships and a prosperous year ahead! 🌟 #PartnershipsMatter #Collaboration #ChristmasCelebration #ravindranlawyers

One critical element we often overlook is succession planning. Failing to establish a clear plan for distribution of your assets can lead to turmoil for your loved ones, as exemplified by the life of famed artist Pablo Picasso. Upon his death in 1973, Picasso left behind a vast estate including artwork, five homes, cash, gold and bonds valued in the millions, but he did so without a will. This oversight resulted in protracted disputes and emotional strain among his heirs, draining resources and affecting relationships under the weight of complex litigation. The cost of litigation was in the region of $30 million. Succession planning is vital. Without a legally binding will and a comprehensive estate plan, your inheritance may be subjected to laws that do not align with your wishes or the expectations of your beneficiaries. In Malaysia, the distribution of assets is governed by the Distribution Act, which may not necessarily honour your individual intended arrangements. This could lead to lengthy probate processes, taxes. Engaging in thorough succession planning not only ensures that your assets are administered according to your wishes but also provides peace of mind. This is particularly important for people who might possess assets in multiple countries, as each jurisdiction may have different legal requirements. Here are 5 key considerations for your succession planning: 🔔 Draft a clear legally binding will to clearly outline how your assets should be distributed. 🔔 Familiarize yourself with Malaysian succession laws, as these can differ significantly from those in your home country. In your planning consider things like inheritance tax. 🔔 Consider Multinational Assets: If you own property or investments in multiple countries, develop a comprehensive strategy that addresses the legal requirements for each jurisdiction, ensuring your estate is managed effectively across borders. 🔔 Nominate Guardians and Executors: If you have minor children or complex assets, selecting responsible guardians and trustworthy executors is vital. These individuals will carry out your wishes and manage your estate in your absence. 🔔 Review and Update Regularly. Life changes such as marriage, divorce, or the birth of children can impact your succession plan. Regular reviews ensure that your plan remains valid and reflects your current circumstances and wishes. The Picasso life story I learnt from my partners in Melbourne Capital Group- always a learning experience when I work with them. He's a picture of me and (some) of the geniuses behind Melbourne Capital Group Chris Crowe Mathew Tate. The artwork behind us is a hand-pulled , hand-printed lithograph of one of Picasso's 400 official pieces created from an original artwork. Visit MCG if you want a closer look!

We’ve just wrapped up our first 👩💼 Well-being@Work©️ Leaders Certification 👨💼, and what an experience it has been! It’s incredible how quickly these past two days flew by, filled with deep learning and collaboration. A heartfelt THANK YOU to all the leaders who joined us on this meaningful journey! ✨❤️ Your dedication to enhancing Mental Health and Well-being@Work©️ truly left an impression. The energy, passion, and open-mindedness you brought were truly inspiring. Institute of Corporate Directors Malaysia (ICDM) Axiata RichWorks International Sdn Bhd EPF Malaysia Taylor's University HSBC RAVINDRAN Advocates & Solicitors Grab Skrine Malaysian Bar Sunway University ABB ExxonMobil FutureSparx ThinkRight Consulting step by stepz Special thanks to Institute of Corporate Directors Malaysia (ICDM) for hosting us in such an exceptional space. 🏢 The environment was just right, allowing us to foster real change and growth! 📈 Looking ahead, we’re thrilled to announce our next Cohort coming up in 3-4 December 2024. Keep an eye out for the registration details—don’t miss your chance to bring a strong impact to Well-being@Work©️! 🦋 #ButterflyEffect #WavemakersofWellbeingatWork #WellbeingatWork #WellbeingatWorkIndex #certification #workshop #MentalHealthandWell-being@Work

Delighted to be invited to speak at Malaysian Employment Conference 2024, jointly organised by Q3 Management Solutions Sdn Bhd and MyFreelys Academy on the topic “Mastering Employer Accountability In Third-Party Harassment Cases”. Here is a summary of my presentation: KEY ELEMENTS OF THIRD-PARTY HARASSMENT: The harasser is not an employee but has a connection with the company. The behaviour must qualify as “harassment” under the law. The harassment may range from verbal abuse and offensive jokes to more severe forms of harassment, including sexual harassment and physical intimidation. Examples of such harassment: •       Verbal abuse or insults; •       Threats or intimidation; •       Bullying or aggressive behaviour; •       Discriminatory or biased behaviour; •       Race, religion, gender, sexual orientation, etc. The harassment occurs in a work-related context or setting. Workplace setting can be defined as within office premises or at the third party’s office, at work events, or any other public setting where the employee was carrying out his/her duties to the company. DO MALAYSIAN LAWS COVER THIRD PARTY HARASSMENT? There is no single legislation/statute that expressly deals with this issue, but we do have several laws that we must look at collectively (apart from common law) when addressing liabilities that arise for the company for example: 🔔 Employment Act 1955 and the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace collectively underscore the importance of a conducive and healthy working environment.   🔔 Occupational Safety and Health Act 1994 (OSHA 1994) places a general duty on employers to ensure a safe working environment for their employees. 🔔 Anti-Stalking Laws (S. 507A Penal Code) states “whoever, repeatedly by any act of harassment intending to cause or knowing or ought to know that the show is likely to cause distress, fear, or alarm to any person of the person's safety commits an offence of stalking”. 🔔 Anti Sexual Harassment Act 2022 (S. 2) states “any unwanted conduct of a sexual nature in any form, whether verbal, non-verbal, visual, gestural or physical, directed at a person who is reasonably offensive or insulting or constitutes a threat to his or her well-being”. I'll address the issue of employer's liability in my next post! Have a great week ahead!