Compliance and Governance

Malaysia’s rise as one of ASEAN’s premier destinations for data centre investment has been remarkable. In just a few years, the country has attracted billions of ringgit in digital infrastructure investment, positioning itself as a critical node in the global digital economy. This momentum reflects strong investor confidence in Malaysia’s connectivity, policy direction, strategic location and expanding digital ecosystem.

Yet success presents a different challenge. The policy question facing Malaysia today is no longer whether it should continue to attract data centre investment; the answer is clearly yes. The more important question is whether these investments are being evaluated through the right lens.

As data centres become the backbone of artificial intelligence, cloud computing, digital financial services and public services, they can no longer be treated as conventional industrial infrastructure. They are strategic national infrastructure, and the way they are evaluated should reflect that reality.

Not All Data Centre Investments Are Equal

It is tempting to view every data centre project as delivering broadly similar benefits, they vary significantly. Some data centres integrate renewable energy into their long-term operating strategy, invest in advanced water management systems, establish regional engineering and research hubs, develop talent and actively strengthen Malaysia’s digital supply chain.

Others may deliver substantial capital investment during construction but generate comparatively limited long-term ecosystem development. Both are investments. But they do not necessarily create the same strategic value for Malaysia.

As competition for energy, water and strategic land intensifies, evaluating projects primarily by investment size risks overlooking what matters most: the quality of their long-term contribution to the country’s digital economy.

A Smarter Tiered Evaluation Framework

This is not an argument for making approvals more complicated or adding unnecessary layers of bureaucracy.

It is an argument for evaluating projects more intelligently. Malaysia should progressively adopt a framework that assesses not only financial investment, but also the national outcomes each project is expected to deliver. Approvals and Incentives should therefore move away from a blanket model but towards a tiered approach that rewards higher-quality commitments.

Because electricity is central to data centre development, grid capacity should be allocated based on credible investor commitments and actual project need. Projects that demonstrate stronger commitments to renewable energy, energy efficiency, local ecosystem participation, talent and long-term operational value should be prioritised, reducing the risk of speculative power requests and unnecessary overbuild. Simply put, the more they invest locally the more power they should get.

Policy and Regulatory Certainty Is an Investment Incentive

One of the greatest advantages Malaysia can offer investors is not simply competitive incentives or available land. It is regulatory certainty.

When evaluation criteria are transparent and strategically aligned, investors can design projects around national priorities from the outset. Expectations become clearer, approvals become more predictable and investment quality improves.

In this sense, regulatory certainty becomes a competitive advantage. It rewards industry players prepared to invest beyond construction by building capabilities, developing talent, strengthening the domestic ecosystem and contributing meaningfully to Malaysia’s long-term digital ambitions.

As the relevant incentive windows and policy frameworks approach their next review cycle, particularly towards 2027, Malaysia should consider whether its incentive architecture is sufficiently calibrated to attract the right type of data centre investments.

A Strategic Opportunity for Malaysia

Malaysia has already demonstrated that it can attract world-class digital infrastructure. The next stage of its journey should be even more ambitious. Rather than aspiring simply to become ASEAN’s largest data centre hub, Malaysia should aspire to become the region’s benchmark for sustainable digital infrastructure governance.

This requires moving beyond success measured by the number of projects approved or the value of investments announced. Success should instead be measured by how effectively each investment strengthens Malaysia’s economy, develops the local ecosystem and promotes responsible resource management. Clear and consistent approval criteria would also promote regulatory certainty in how projects are evaluated, approved and monitored over time.

As the relevant incentive windows and policy frameworks approach their next review cycle, particularly towards 2027, Malaysia should consider whether its incentive architecture is sufficiently calibrated to attract the right type of data centre investments.

The countries that lead the digital economy will not necessarily be those with the most compute power, but those that govern digital infrastructure with the greatest strategic and regulatory foresight.

Malaysia has an opportunity to be one of them. The future of its digital infrastructure should no longer be defined by approving more data centre projects, but by approving the right data centre projects: those with measurable impact, credible sustainability commitments and a clear contribution to the local ecosystem.

This article is for general informational purposes only and does not constitute legal advice. This opinion piece forms part of a series of articles on shaping Malaysia’s digital regulation. As Malaysia deepens its role as a regional data centre and AI hub, the policy debate should move beyond approvals and headline investment value towards a more mature assessment of long-term national benefit, resource resilience and ecosystem development.

We are pleased to announce that our partners Mohamad Izahar Mohamad Izham and Nadarashnaraj Sargunaraj have contributed as authors of the Malaysia chapter of the International Comparative Legal Guide (ICLG) – Public Procurement 2026, providing a practical overview of Malaysia’s public procurement regime, including core procedures, eligibility requirements, remedies, and recent regulatory updates.

Zaid Ibrahim & Co contributed to the Lexology Panoramic: Corporate Governance 2025 Malaysia.

Authored by  Director, Client Solutions, Chua Wei Min and, Partner, Mohamad Izahar Mohamad Izham, the article offers a detailed overview of essential information regarding Malaysia’s corporate governance landscape.

The guide provides an overview of corporate governance by exploring, among others, sources of corporate governance rules and practices, rights and equitable treatment of shareholders and employees, as well as latest developments and trends. Please connect with us should you require further advice and guidance relating to corporate governance in Malaysia.

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Read the full article here.

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Corporate governance in Malaysia has seen significant efforts to advance transparency, integrity and sustainability within companies. This article discusses three key areas of focus in the context of corporate governance.

What’s changed?

Since June 2023, the EU has implemented the European Union Deforestation Regulation (EUDR) aimed at mitigating deforestation and forest degradation associated with certain commodities, including palm oil.

What this means for Malaysian palm oil businesses

Under the new Regulation, Malaysian palm oil businesses that export their commodities covered by the EUDR into the EU market must prove that their products are both deforestation-free and compliant with relevant local laws.

These businesses will have until 30 December 2024 to ensure that their products meet these new requirements, a failure of which will result in a loss of market access in the EU.

Key compliance requirements

1. Due diligence statement

Before placing goods into the EU market, the EUDR requires businesses to produce a due diligence statement. This statement needs to expressly confirm, that due diligence has been conducted and no or only a negligible risk of deforestation and incompliance with the legislation of the country of production of the commodities have been identified.

The due diligence statement requires three main steps to be completed:

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2. ‍Reporting Obligations

Businesses must also report their due diligence systems yearly and keep documentation related to due diligence for at least five years.

Penalties for non-compliance

The EUDR places significant penalties on businesses that fail to comply with the Regulation including having their products confiscated and facing fines of at least 4% of a business’ annual turnover in the EU. More severely, violations of the EUDR can lead to businesses being denied access to the EU market.

How we can help

The required due diligence statement under the EUDR can be a complex and challenging task for palm oil businesses. It requires a comprehensive collection, management and analysis of data and information extending to individual raw material producers, which must be disseminated throughout the entire value chain.

With only six months to go before these requirements are mandatory by law, our team of experts can help your business be fully equipped to meet EUDR obligations and maintain continued success in the EU market.

If you have any questions or require any additional information, please contact Chan Xian Ai, or the Zaid Ibrahim & Co partner you usually deal with.

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