Privacy Law at Saudi Arabia
Saudi Arabia's Personal Data Protection Law (PDPL) represents a significant advancement in the Kingdom's data privacy landscape, aligning with global standards such as the EU's General Data Protection Regulation (GDPR).
Key Provisions of the PDPL
1. Legal Basis for Data Processing
The PDPL establishes several lawful bases for processing personal data, including:
Consent Explicit consent from the data subject is required, especially for sensitive dat.
Contractual Necessity Processing necessary for the performance of a contract.
Legal Obligation Compliance with legal requirement.
Public Interest Processing for tasks carried out in the public interest or in the exercise of official authority.
Legitimate Interests Processing based on the legitimate interests pursued by the data controller or a third party, provided these interests are not overridden by the data subject's rights and freedom.
2. Rights of Data Subjects
The PDPL grants individuals several rights concerning their personal data, including:
Right to Access Individuals can request access to their personal data held by data controller.
Right to Rectification Individuals can request corrections to inaccurate or incomplete dat.
Right to Erasure Individuals can request the deletion of their data under certain condition.
Right to Restriction of Processing Individuals can request the limitation of data processing activities.
Right to Data Portability Individuals can request the transfer of their data to another controller.
Right to Object Individuals can object to the processing of their data based on legitimate interests or for direct marketing purpose.
3. Data Controllers and Processors
The PDPL distinguishes between data controllers and processors, imposing specific obligations on each:
Data Controllers Entities that determine the purposes and means of processing personal data. They are responsible for ensuring compliance with the PDPL and must implement appropriate technical and organizational measures to safeguard dat.
Data Processors Entities that process personal data on behalf of the data controller. They must act only on the instructions of the controller and are required to implement appropriate measures to protect dat.
4. Data Transfers
The PDPL permits the transfer of personal data outside Saudi Arabia under specific condition:
Adequacy Decisions Transfers are allowed to countries that have been recognized as providing an adequate level of data protection.
Appropriate Safeguards In the absence of adequacy decisions, data controllers must implement appropriate safeguards, such as binding corporate rules or standard contractual clause.
Derogations Transfers may also occur under specific derogations, such as the explicit consent of the data subject or for the performance of a contract.
5. Data Breach Notification
Data controllers are required to notify the Saudi Data and Artificial Intelligence Authority (SDAIA) of personal data breaches without undue delay, and where feasible, within 72 hours of becoming aware of the breach. If the breach is likely to result in a high risk to the rights and freedoms of individuals, data subjects must also be informed.
6. Penalties for Non-Compliance
The PDPL imposes significant penalties for non-compliance:
Fines Up to SAR 5 million (approximately USD 1.3 million) for violations of the PDP.
Criminal Penalties Imprisonment for up to two years and/or fines up to SAR 3 million for the unlawful disclosure or publication of sensitive personal dat.
Reputational Damage Non-compliance can lead to reputational harm and loss of consumer trust.
🧭 Summary
Saudi Arabia's Personal Data Protection Law establishes a comprehensive framework for data privacy, emphasizing the protection of individuals' personal data and aligning with international standards Organizations operating in Saudi Arabia must ensure compliance with the PDPL to avoid significant penalties and maintain trust with data subjects.
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