Saudi Arabia’s Personal Data Protection Law (KSA PDPL) is the Kingdom’s first comprehensive data protection law, designed to regulate the collection, processing, storage, and sharing of personal data. Enacted by Royal Decree M/19 on September 16, 2021, the PDPL officially came into effect on September 14, 2023, following amendments to refine its scope and implementation.

Scope and Applicability

The KSA PDPL applies to any processing of personal data by organisations operating within Saudi Arabia, as well as foreign entities that process personal data of individuals residing in the Kingdom. It applies to both public and private entities, ensuring robust data protection measures across industries.

Key Principles of Personal Data Processing

Organisations subject to the PDPL must adhere to six fundamental principles:

1. Lawfulness and Transparency – Personal data must be processed fairly, lawfully, and with full transparency regarding its use.
2. Purpose Limitation – Data must be collected for specific, explicit, and legitimate purposes and not further processed in a manner incompatible with those purposes.
3. Data Minimisation – The collection of personal data should be limited to what is necessary to achieve the intended purpose.
4. Accuracy – Organisations must ensure personal data is accurate and updated as necessary.
5. Storage Limitation: Personal data should not be kept in a form that permits identification of data subjects for longer than is necessary for the purposes for which the data is processed.
6. Integrity and Confidentiality – Appropriate technical and organisational measures must be implemented to secure personal data against unauthorised access, processing, or destruction.
7. Accountability – Data controllers must take responsibility for compliance with the KSA PDPL and demonstrate their adherence to its principles through policies, governance, and safeguards.

Rights of Data Subjects

Under the PDPL, individuals are granted specific rights concerning their personal data:

1. Right to Be Informed – Individuals have the right to know how their personal data is being collected, processed, and shared.
2. Right to Request Correction – Individuals can request the correction of inaccurate or outdated personal data.
3. Right to Request Destruction of Data – Individuals can request the deletion or destruction of their personal data under certain circumstances.
4. Right to Access Personal Data – Individuals can request access to their personal data held by an organisation.
5. Right to Withdraw Consent – Individuals have the right to withdraw their consent to data processing, except in cases where processing is required by law.
6. Right to Request Provision of Personal Data – Individuals can request a copy of their personal data in a structured and readable format.

Obligations of Data Controllers

Organisations processing personal data under the KSA PDPL are required to:

• Obtain explicit consent before processing personal data, except in cases where the law permits processing without consent.
• Maintain internal policies and governance frameworks to ensure compliance with KSA PDPL.
• Conduct periodic risk assessments and implement security measures to protect personal data.
• Keep records of data processing activities, including how data is collected, stored, and shared.
• Ensure that any third-party data processors comply with KSA PDPL requirements.

Cross-Border Data Transfers

The PDPL imposes strict conditions on transferring personal data outside Saudi Arabia. Data transfers are only permitted if:

• The transfer is necessary to fulfil an obligation under an agreement to which the Kingdom is a party.
• The transfer serves the interests of the Kingdom.
• The transfer is necessary to fulfil obligations to which the data subject is a party.
• The transfer is for other purposes specified by the regulations.

Entities must obtain prior approval from the regulatory authority before transferring data internationally, unless an exemption applies.

Enforcement and Penalty

The Saudi Data & Artificial Intelligence Authority (SDAIA) is the primary body responsible for enforcing the KSA PDPL. Non-compliance with the law can lead to significant penalties. The most severe penalty includes a fine of up to SAR 5,000,000 (approximately USD 1.33 million) for violations such as unauthorised disclosure or misuse of personal data.

Saudi Arabia’s PDPL marks a significant step towards strengthening data privacy and security within the Kingdom. Organisations must take proactive steps to ensure compliance, as failure to do so can result in substantial legal and financial consequences. By adhering to the KSA PDPL, businesses can build trust with consumers while ensuring the responsible management of personal data.

KSA PDPL Solutions

Advoke International provides comprehensive solutions tailored to support your organisation in achieving compliance with the KSA PDPL.

• KSA PDPL Gap Analysis
• Privacy Framework Implementation
• KSA PDPL Readiness Assessment
• Complete KSA PDPL Compliance Review

Frequently Answered Questions

What types of personal data are protected under the KSA PDPL?

The KSA PDPL protects any information that can identify an individual, including names, identification numbers, contact details, financial records, health data, and biometric data.

Does the KSA PDPL apply to personal data collected before the law came into effect?

Yes, the KSA PDPL applies to both newly collected and previously stored personal data. Organisations must ensure that all existing personal data complies with the law’s requirements.

Are there exceptions where companies can process personal data without consent?

Yes, companies may process personal data without explicit consent in certain cases, such as:

• When required by law or for public interest.
• When necessary to fulfil a contract with the data subject.
• When needed to protect a person’s vital interests.

How does the KSA PDPL affect marketing and advertising companies?

Marketing companies must obtain explicit consent before collecting and using personal data for advertising purposes. Individuals also have the right to withdraw their consent at any time.

What are the penalties for violating the KSA PDPL?

The Saudi Data & Artificial Intelligence Authority (SDAIA) is responsible for enforcing the KSA PDPL. The most significant penalty includes a fine of up to SAR 5,000,000 (approximately USD 1.33 million) for unauthorised disclosure or misuse of personal data. In some cases, criminal penalties, including imprisonment, may also be imposed.