Legal Perspectives on Kill Switch Mechanisms in On-Chain Smart Contracts: Lessons for Malaysia from the European Union Data Act

Smart contracts, built on blockchain technology, provide advantages such as transparency, automation, and reduced third-party intervention. However, their immutable nature creates significant risks when coding errors, malicious attacks, or unforeseen events occur, and such risks are further complicated by their limited compatibility with traditional dispute resolution. In response, several jurisdictions, notably the European Union through Article 36 of the Data Act, require the inclusion of kill switch mechanisms to ensure safe termination and interruption of faulty contracts. This paper examines the relevance of such mechanisms within the Malaysian legal framework. Using doctrinal legal research and comparative analysis with the European Union Data Act (EUDA), the study identifies key regulatory gaps in Malaysia. It argues that amendments to existing statutes, including the Electronic Commerce Act 2006, the Personal Data Protection Act 2010, and the Digital Signature Act 1997, are needed to legally recognize kill switches, mandate multi-factor authentication, and preserve records for audit purposes. The findings highlight the importance of these safeguards in enhancing digital safety, protecting contracting parties, and ensuring Malaysia remains aligned with global best practices in governing blockchain-based smart contracts.

Authors

Publication Details

Journal
International Journal of Research and Innovation in Social Science
Published
2025-10-04
DOI
https://doi.org/10.47772/ijriss.2025.909000186
Primary Topic
FinTech, Crowdfunding, Digital Finance
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Perspectives on Kill Switch Mechanisms in On-Chain Smart Contracts: Lessons for Malaysia from the European Union Data Act

Alizah Ali, Ahmad Syahmi Ahmad Fadzil, Zulhazmi Yusof, Wan Amir Azlan Wan Haniff et al.
International Journal of Research and Innovation in Social Science
FinTech, Crowdfunding, Digital Finance
article

Legal Perspectives on Kill Switch Mechanisms in On-Chain Smart Contracts: Lessons for Malaysia from the European Union Data Act

Alizah Ali, Ahmad Syahmi Ahmad Fadzil, Zulhazmi Yusof, Wan Amir Azlan Wan Haniff, Redwan Yasin
article en

Abstract

Smart contracts, built on blockchain technology, provide advantages such as transparency, automation, and reduced third-party intervention. However, their immutable nature creates significant risks when coding errors, malicious attacks, or unforeseen events occur, and such risks are further complicated by their limited compatibility with traditional dispute resolution. In response, several jurisdictions, notably the European Union through Article 36 of the Data Act, require the inclusion of kill switch mechanisms to ensure safe termination and interruption of faulty contracts. This paper examines the relevance of such mechanisms within the Malaysian legal framework. Using doctrinal legal research and comparative analysis with the European Union Data Act (EUDA), the study identifies key regulatory gaps in Malaysia. It argues that amendments to existing statutes, including the Electronic Commerce Act 2006, the Personal Data Protection Act 2010, and the Digital Signature Act 1997, are needed to legally recognize kill switches, mandate multi-factor authentication, and preserve records for audit purposes. The findings highlight the importance of these safeguards in enhancing digital safety, protecting contracting parties, and ensuring Malaysia remains aligned with global best practices in governing blockchain-based smart contracts.

International Journal of Research and Innovation in Social Science
Openalex Percentile: Top 55%
FinTech, Crowdfunding, Digital Finance
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Legal Perspectives on Kill Switch Mechanisms in On-Chain Smart Contracts: Lessons for Malaysia from the European Union Data Act — Alizah Ali, Ahmad Syahmi Ahmad Fadzil, et al. · International Journal of Research and Innovation in Social Science (2025) | TGRS Research Map | TGRS