The Law of E-Waste: Closing the Loop for Green Digital Technologies and Economic Resilience- A Malaysian Perspective

The exponential growth of digital technologies globally has led to a parallel surge in electronic waste (e-waste), posing significant environmental and health risks while also representing a potential resource for valuable materials. Malaysia, as a rapidly digitalising nation, faces mounting challenges in managing its e-waste stream effectively. This paper examines the current legal and regulatory landscape governing e-waste in Malaysia, focusing on its adequacy in promoting a circular economy model – closing the loop – for green digital technologies and fostering economic resilience. Through a comparative analysis with established frameworks in the European Union (Waste Electrical and Electronic Equipment - WEEE Directive) and Japan (Law for Promotion of Effective Utilization of Resources), this paper identifies critical gaps in Malaysia’s approach, particularly concerning Extended Producer Responsibility (EPR), formal collection systems, and integration of the informal sector. It argues that adopting comprehensive, specific e-waste legislation incorporating mandatory EPR, clear collection and recycling targets, and mechanisms to formalise informal collection is crucial. Such reforms are vital not only for mitigating environmental harm but also for unlocking the economic potential of urban mining and supporting Malaysia’s transition towards a sustainable and resilient digital economy.