Al Madani & Co. Law Firm & Legal Consultants

The Personal Data Protection Law in Saudi Arabia: A Step Towards a Safe and Reliable Digital Environment

With the full enforcement of the Personal Data Protection Law in the Kingdom of Saudi Arabia approaching next month, the Kingdom is taking a critical step toward safeguarding individuals’ rights to privacy in an advanced and rapidly growing digital environment. This law is part of Saudi Arabia’s Vision 2030 commitment to promote digital transformation and support a secure environment that enhances trust in digital transactions. The law was enacted under Royal Decree No. (M/19) dated 9/2/1443 AH and amended by Royal Decree No. (M/148) dated 5/9/1444 AH. It addresses all legal and legislative aspects related to collecting and processing personal data, setting stringent controls to ensure the responsible use of this information.

1. Scope of Application

The Saudi Personal Data Protection Law applies to all processing of personal data concerning individuals within the Kingdom, regardless of the method used—whether electronic or manual. According to Article 2 of the law, it applies to personal data processed by entities both within and outside the Kingdom, provided that the individuals to whom the data pertains reside within the Kingdom. Under these provisions, individuals enjoy comprehensive protection, including data that could directly or indirectly reveal their identity. The law also covers data of deceased individuals if it could lead to identifying them or their family members.

2. Legislative Goals of the Personal Data Protection Law

The law aims to regulate and oversee the processing of personal data and guarantee individuals’ privacy by providing comprehensive protection and clear conditions for data use. The law reflects the Kingdom’s commitment to adopting global best practices in data protection and aligns with similar international legislation, such as the European Union’s General Data Protection Regulation (GDPR). Transparency is a fundamental principle in this law, obliging service providers to inform individuals clearly about the purposes for which their data will be used and granting them rights of access, modification, and deletion.

3. Core Principles and Obligations of Processing Entities

The obligations imposed by the law on data processing entities encompass several essential aspects, outlined in the law’s implementing regulations, including:

• Data Collection for Specific and Legitimate Purposes: The implementing regulations mandate that processing entities collect data solely for the purposes disclosed to individuals and prohibit its use for unauthorized purposes.
• Transparency in Use: Processing entities must provide clear information on how personal data is processed and for what purposes. This includes offering effective communication channels, such as text messages and emails, enabling individuals to exercise their rights concerning their data.
• Security Measures: In accordance with the law and its implementing regulations, entities must implement technical and organizational security measures to protect data from breaches or unauthorized access and adhere to the instructions of the National Cybersecurity Authority.

4. Individual Rights Under the Law

The law provides individuals with a comprehensive set of rights, including the right to access their personal data held by processing entities and the right to request corrections if the data is inaccurate or incomplete. Individuals may also request the destruction of their personal data if it is no longer necessary for its original purpose or if they withdraw previously given consent for its processing, as per the implementing regulations. The regulations ensure that individuals can exercise their rights without impacting others’ rights or compromising their security.

5. Penalties for Violations

The law imposes strict penalties on violating entities, including imprisonment and financial fines, reflecting the Kingdom’s commitment to strict and accurate law enforcement. These penalties address violations related to the unlawful disclosure of personal data, unauthorized access, or processing that deviates from the disclosed purposes.

6. The Role of Law Firms in Ensuring Compliance

Compliance with the Personal Data Protection Law is essential for all institutions and companies handling personal data, as this contributes to establishing data protection strategies. Law firms play a key role in this regard by offering services such as:

• Developing Internal Policies: Assisting companies in creating clear data protection policies in line with the law’s standards, including data collection, storage policies, and mechanisms for reporting breaches or leaks.
• Training and Employee Awareness: Providing specialized training programs to employees in companies to raise awareness about data protection and explaining how to handle personal data in compliance with the law.

7. Challenges and Opportunities Presented by the Law

While compliance with the law’s requirements may pose challenges for some companies due to costs or restructuring of policies, the law also offers significant opportunities in data protection and digital security. The law strengthens trust in the digital environment, helping to attract investment and allowing companies to adopt global best practices in data management, opening doors for international cooperation and partnerships.

In conclusion, the forthcoming enforcement of the Personal Data Protection Law in Saudi Arabia marks the beginning of a new era for enhancing privacy and protecting individuals’ digital rights. The law calls on all companies and institutions to fully comply with its provisions to ensure a secure and advanced digital environment that supports the Kingdom’s Vision 2030 objectives for digital transformation.