MySejahtera might be commercialised with opt-in services within the app

The saga revolving around Malaysia’s contact tracing app, MySejahtera had just reached another level after 2 agreements were disclosed in a lawsuit involving MySJ Sdn Bhd describe the private company as the owner of the MySejahtera app, its intellectual property (IP) rights, and the platform through which the mobile Covid-19 app operates.

According to a report by CodeBlue, a shareholder agreement that came to light following the lawsuit revealed that Revolusi Asia, Entomo Malaysia and Raveenderen intend to scale up MySJ’s business “to become a serious technology company with growth potential for listing in the near future as the owner of the MySejahtera application, which is capable of being a one-stop portal or application that allows users to access multiple commercial opt-in services within the application”.

The shareholders’ agreement which was dated 27 August stated that the 3 parties undertake within 12 months from the date of the agreement to procure the registration of all registrable IP in and to the MySejahtera app in MySJ’s name.

Within a year from the agreement, they will commit to help help MySJ establish its own dedicated team to develop API gateways, data connection to the MySejahtera app, and generally to develop its “unlimited commercial services modules on the existing MySejahtera application”.

The agreement also states that Entomo shall undertake that the OEM licence agreement, which grants MySJ intellectual property of the MySejahtera app and a software licence for RM338.6 million, shall be on “competitive rates” and accord MySJ a profit margin of not less than 30% of revenue earned from services provided by MySJ to the government.

Meanwhile, the share sale agreement also states that MySJ has “commercially reasonable” security measures and policies in place to protect “all personal data collected by it or on its behalf” from unauthorised access, use, and/or disclosure.

It was also revealed that MySJ is in the midst of negotiations to acquire a health care management services company and a digital health care platform services company.

In the minutes of a coordinating committee meeting on 22 September 2021, which was disclosed by Hasrat Budi’s affidavit, the meeting discussed investment into Mudah Healthcare, listing action by Entomo/Mudah Healthcare. The coordinating committee was set up by MySJ’s board under the shareholders’ agreement to review the operation and management of the company.

A check to Mudah Healthcare’s website showed that it is an “integrated health care company” that comprises a chain of clinical practices, professional health care consultancy, and provides a complementing health care service for industry players.

Apart from providing healthcare service, the coordinating committee meeting also discussed a presentation on a digital insurance business plan and AmanInsure was listed for action.

AmanInsure Sdn Bhd’s website describes the company’s objective to improve insurance or takaful protection, including to “mobilise the largest health care digital platform for ease of access and simplified user journey for protection products.”

Previously, Health Minister Khairy Jamaluddin in the Dewan Negara explained that the government owns the MySejahtera app, its modules, intellectual property rights, trademark, and source code, asserting that the company merely operates the MySejahtera platform, as he cited a description of the app on Apple Store or Google Play that states the app is owned by the government.

The health minister also indicated that the Health Ministry wants to continue using MySejahtera beyond the Covid-19 pandemic, such as for personal medical records. The MySejahtera app has 38 million registered users to date.