1ST AUG 2024
There’s no end to the spate of cyberattacks, most of which are after one thing - your data. This has led to the need for data protection laws; requiring organizations to undertake measures to uphold data security and consumer privacy within their systems and processes. Like most countries, Saudi Arabia has also developed its data protection compliance legislation - the Personal Data Protection Law (PDPL).
What is the PDPL, what does it cover and who needs to comply with it? We are going to answer all questions you have regarding Saudi’s first data protection law.
It is a data protection law aimed at safeguarding individuals' data. It also outlaws any illegal or abusive use of private data.
The PDPL is concerned with properly securing and overseeing data sharing for organizations.
This law was passed by royal decree and published in the Official Gazette on September 24, 2021. It will be enforced from Sep 23, 2024.
The Saudi Data & Artificial Intelligence Authority (SDAIA) was responsible for initially executing and enforcing the PDPL for the first two years. It is now supervised by the National Data Management Office (NDMO).
We take a look at PDPL, who needs to comply with it and what benefits it offers to organizations and individuals.
PDPL is going to be legally binding on:
Any entity that handles data of Saudi citizens.
Service providers who cater to Saudi citizens. This includes private and public organizations both.
Any foreign organizations that process Saudi nationals’ personal data.
In addition to these entities, PDPL also applies to the data of the deceased, especially when it can be used to identify the family members of the deceased.
Are there any exemptions to the PDPL (Saudi Arabia)? Yes, there is. If the personal data is processed for domestic purposes and is not published or disclosed to other entities, it remains exempt.
Saudi Arabia’s PDPL shares several core principles with other international data protection standards, providing a framework to help individuals in the kingdom safeguard their personal data. Here are some key principles:
Under the KSA’s PDPL, individuals have specific rights regarding how their personal data is processed, including:
Data controllers are required to collect personal data only for specific, clearly stated purposes. The collection must be relevant, adequate, and limited to what is necessary for the intended purpose.
Data controllers must register their data processing activities on an electronic portal to maintain a national record. The annual registration fee will be determined by executive regulations.
Data controllers are responsible for ensuring the accuracy, completeness, and relevance of personal data before processing it. They must also maintain records of processing activities for a specified duration, as outlined in the executive regulations, and ensure that their staff are trained in data protection principles. Keeping detailed records of data processing activities is essential for ensuring accountability and transparency.
Consent Requirement:
Before processing an individual's data or altering the original purpose for which it was collected, explicit consent from the data subject is required. Individuals also have the right to withdraw their consent at any time. Businesses must ensure that providing consent is not a condition for receiving goods or services.
Exceptions to Consent Processing: The PDPL allows for data processing without the individual's consent in certain situations. Consent is not required if the processing serves a clear benefit and contacting the data subject is impossible or impractical, if it is mandated by law or contract, or if the processing is necessary for security or legal reasons and the controller is an official body.
Provision of Privacy Policy:
Data controllers are required to provide a privacy policy to individuals before collecting their personal data. The PDPL outlines the minimum information that must be included in these privacy policies, even when data is collected directly from the individual.
Restrictions on Marketing:
The use of personal data for marketing purposes is prohibited without the individual's consent. Data subjects must be given the option to opt out of marketing communications.
Reporting Data Breaches:
In the event of a data breach, leakage, or unauthorized access to personal data, data controllers must promptly notify the supervising authority. To uphold PDPL compliance, they must also report any incidents that cause material harm to the affected individuals.
PDPL (Saudi Arabia) plays a crucial role in shaping the nation’s approach to data protection. Below are several key ways in which the PDPL positively impacts the country:
The PDPL has enhanced Saudi Arabia’s compliance with international data protection standards, particularly aligning with the European Union’s General Data Protection Regulation (GDPR).
As part of Saudi Arabia’s Vision 2030, the PDPL supports the nation’s digital transformation goals. By fostering trust among digital businesses and consumers, the law helps to strengthen and diversify the economy.
The success of digital services depends on users' confidence in the security of their data. The PDPL underscores Saudi Arabia’s commitment to safeguarding the rights and privacy of its citizens by granting them greater control over their personal information.
A robust data protection framework enhances Saudi Arabia's attractiveness to foreign investors, especially technology companies that handle large amounts of personal data.
In an era characterized by big data, artificial intelligence, and advanced analytics, the risks associated with personal data misuse are on the rise. The PDPL represents a forward-thinking initiative by Saudi Arabia to manage these contemporary challenges while ensuring the protection of individual rights.
The PDPL law is not merely a replica of international regulations; it is carefully tailored to reflect Saudi Arabia’s unique cultural and societal context, aligning with the values and perspectives of the Saudi people.
Saudi Arabia’s Personal Data Protection Law (PDPL) and the European Union’s General Data Protection Regulation (GDPR) are both comprehensive data protection frameworks designed to protect the privacy of individuals.
While they share similarities, there are also key differences due to their respective legal, cultural, and societal contexts.
Security awareness training can play a crucial role in fulfilling the objectives of Saudi Arabia’s Personal Data Protection Law (PDPL) by ensuring that employees understand and comply with data protection regulations. Here are several ways it can achieve this:
Educating Employees: Training ensures employees understand their rights and obligations under the PDPL, including data handling, consent, and breach response procedures.
Promoting Best Practices: It teaches secure data handling, access control, and privacy protection techniques.
Enhancing Incident Response: Employees learn to recognize threats and report breaches promptly, aiding in quick mitigation.
Fostering Compliance Culture: Continuous training reinforces a culture of data protection and personal responsibility.
Reducing Non-Compliance Risk: Regular training minimizes human errors that could lead to breaches and highlights the consequences of non-compliance.
Providing Role-Specific Training: Targeted training ensures that all employees, especially Data Protection Officers (DPOs), are well-prepared for their specific responsibilities.
If you are a business owner, security team leader or an IT manager looking to boost your organization’s security posture, get started on your PDPL compliance journey with Pureversity.
