Saudi PDPL

Personal Data Protection Law

Issued pursuant to Royal Decree No. (M/19) dated 09/02/1443 AH corresponding to 16/09/2021 G

Amended pursuant to Royal Decree No. (M/148) dated 05/09/1444 AH corresponding to 27/03/2023 G

This Law provides for the protection of personal data processed within the Kingdom of Saudi Arabia, ensuring the privacy of individuals and regulating the collection, processing, and disclosure of personal data.

Article 1: Definitions

For the purpose of implementing this Law, the following terms shall have the meanings assigned thereto, unless the context requires otherwise:

Article 2: Scope

Section 1: The Law applies to any Processing of Personal Data related to individuals that takes place in the Kingdom by any means, including the Processing of Personal Data related to individuals residing in the Kingdom by any means from any party outside the Kingdom. This includes the data of the deceased if it would lead to them or a member of their family being identified specifically.

Section 2: The scope of applying the Law excludes the individual's Personal Data Processing for purposes that do not go beyond personal or family use, as long as the Data Subject did not publish or disclose it to others. The Regulations shall define personal and family use provided in this Paragraph.

Article 3: Other Laws

The provisions and procedures stated in this Law shall not prejudice any provision that grants a right to the Data Subject or confers better protection to Personal Data pursuant to any other law or an international agreement to which the Kingdom is a party.

Article 4: Data Subject Rights

Data Subject shall have the following rights pursuant to this Law and as set out in the Regulations:

Article 5: Consent

Section 1: Except for the cases stated in this Law, neither Personal Data may be processed nor the purpose of Personal Data Processing may be changed without the consent of the Data Subject. The Regulations shall set out the conditions of the consent, the cases in which the consent must be explicit, and the terms and conditions related to obtaining the consent of the legal guardian if the Data Subject fully or partially lacks legal capacity.

Section 2: In all cases, Data Subject may withdraw the consent mentioned in Paragraph (1) of this Article at any time; the Regulations determines the necessary controls for such case.

Article 6: Consent Exceptions

In the following cases, Processing of Personal Data shall not be subject to the consent referred to in Paragraph (1) of Article (5) herein:

Article 7: Service Conditions

The consent referred to in paragraph (1) of Article (5) of this Law may not form a condition of providing a service or a benefit, unless such service or benefit is directly related to the Processing of Personal Data for which the consent is given.

Article 8: Processor Selection

Subject to the provisions of this Law and the Regulations regarding the Disclosure of Personal Data, the Controller shall only select Processors providing the necessary guarantees to implement the provisions of this Law and the Regulations. The Controller shall also monitor the compliance of said Processors with the provisions of this Law and the Regulations. This shall not prejudice the Controller's responsibilities towards the Data Subject or the Competent Authority as the case may be. The Regulations shall set out the provisions necessary in this regard, including provisions related to any subsequent contracts conducted by the Processor.

Article 9: Access Restrictions

Section 1: The Controller may set time frames for exercising the right to access Personal Data stated in Paragraph (2) of Article (4) herein as stipulated in the Regulations. The Controller may limit the exercise of this right in the following cases:

Section 2: The Controller shall prevent the Data Subject from accessing Personal Data in any of the situations stated in Paragraphs (1, 2, 3, 4, 5) and (6) of Article (16) herein.

Article 10: Data Collection

The Controller may only collect Personal Data directly from the Data Subject and may only process Personal Data for the purposes for which they have been collected. However, the Controller may collect Personal Data from a source other than the Data Subject and may process Personal Data for purposes other than the ones for which they have been collected in the following situations:

The Regulations shall set out the provisions, controls and procedures related to what is stated in paragraphs (2) to (7) of this Article.

Article 11: Collection Requirements

Section 1: The purpose for which Personal Data is collected shall be directly related to the Controller's purposes, and shall not contravene any legal provisions.

Section 2: The methods and means of Personal Data Collection shall not conflict with any legal provisions, shall be appropriate for the circumstances of the Data Subject, shall be direct, clear and secure, and shall not involve any deception, misleading or extortion.

Section 3: The content of the Personal Data shall be appropriate and limited to the minimum amount necessary to achieve the purpose of the Collection. Content that may lead to specifically identifying Data Subject once the purpose of Collection is achieved shall be avoided. The Regulations shall set out the necessary controls in this regard.

Section 4: If the Personal Data collected is no longer necessary for the purpose for which it has been collected, the Controller shall, without undue delay, cease their Collection and destroy previously collected Personal Data.

Article 12: Privacy Policy

The Controller shall use a privacy policy and make it available to Data Subjects for their information prior to collecting their Personal Data. The policy shall specify the purpose of Collection, Personal Data to be collected, the means used for Collection, Processing, storage and Destruction, and information about the Data Subject rights and how to exercise such rights.

Article 13: Information at Collection

When collecting Personal Data directly from the Data Subject, the Controller shall take appropriate measures to inform the Data Subject of the following upon Collection:

Article 14: Data Accuracy

The Controller may not process Personal Data without taking sufficient steps to verify the Personal Data accuracy, completeness, timeliness and relevance to the purpose for which it is collected in accordance with the provisions of the Law.

Article 15: Disclosure

The Controller may not Disclose Personal Data except in the following situations:

The Regulations shall set out the provisions, controls and procedures related to what is stated in paragraphs (2) to (6) of this Article.

Article 16: Disclosure Restrictions

The Controller shall not disclose Personal Data in the situations stated in Paragraphs (1, 2, 5) and (6) of Article (15) if the Disclosure:

Article 17: Data Correction

Section 1: If Personal Data is corrected, completed or updated, the Controller shall notify such amendment to all the other entities to which such Personal Data has been transferred and make the amendment available to such entities.

Section 2: The Regulations shall set out the time frames for correction and updating of Personal Data, types of correction, and the procedures required to avoid the consequences of Processing incorrect, inaccurate or outdated Personal Data.

Article 18: Data Destruction

Section 1: The Controller shall, without undue delay, Destroy the Personal Data when no longer necessary for the purpose for which they were collected. However, the Controller may retain data after the purpose of the Collection ceases to exist; provided that it does not contain anything that may lead to specifically identifying Data Subject pursuant to the controls stipulated in the Regulations.

Section 2: In the following cases, the Controller shall retain the Personal Data after the purpose of the Collection ceases to exist:

Article 19: Data Protection Measures

The Controller shall implement all the necessary organizational, administrative and technical measures to protect Personal Data, including during the Transfer of Personal Data, in accordance with the provisions and controls set out in the Regulations.

Article 20: Breach Notification

Section 1: The Controller shall notify the Competent Authority upon knowing of any breach, damage, or illegal access to personal data, in accordance with the Regulations.

Section 2: The Controller shall notify the Data Subject of any breach, damage or illegal access to their Personal Data that would cause damage to their data or cause prejudice to their rights and interests, in accordance with the Regulations.

Article 21: Responding to Requests

The Controller shall respond to the requests of the Data Subject pertaining to their rights under this Law within such period and in such method as set out in the Regulations.

Article 22: Impact Assessment

The Controller shall conduct an impact assessment of Personal Data Processing in relation to any product or service, based on the nature of the activity carried out by the Controller, in accordance with the relevant provisions of the Regulations.

Article 23: Health Data Controls

Without prejudice to this Law, the Regulations shall set out additional controls and procedures for the Processing of Health Data in a manner that ensures the privacy of the Data Subject and protects their rights under this Law. Such additional controls and procedures shall include the following:

Article 24: Credit Data Controls

Without prejudice to this Law, the Regulations shall set out additional controls and procedures for the Processing of Credit Data in a manner that ensures the privacy of the Data Subject and protects their rights under this Law and the Credit Information Law. Such controls and procedures shall include the following:

Article 25: Advertising Materials

With the exception of the awareness-raising materials sent by Public Entities, Controller may not use personal means of communication, including the post and email, of the Data Subject to send advertising or awareness-raising materials, unless:

Article 26: Marketing Purposes

With the exception of Sensitive Data, Personal Data may be processed for marketing purposes, if it is collected directly from the Data Subject and their consent is given in accordance with the provisions of Law; the Regulations shall set out the controls in such regard.

Article 27: Research Purposes

Personal data may be collected or processed for scientific, research, or statistical purposes without the consent of the Data Subject in the following situations:

The Regulations shall set out the controls required by the provisions of this Article.

Article 28: Official Documents

It is not permissible to copy official documents where Data Subjects are identifiable, except where it is required by law, or when a competent public authority requests copying such documents pursuant to the Regulations.

Article 29: Data Transfer

Section 1: Subject to the provisions of Paragraph (2) of this Article, a Controller may Transfer Personal Data outside the Kingdom or disclose it to a party outside the Kingdom, in order to achieve any of the following purposes:

Section 2: The conditions that must be met when there is a Transfer or Disclosure of Personal Data, according to what is stated in Paragraph (1) of this Article, are as follows:

Section 3: Paragraph (2) of this Article shall not apply to cases of extreme necessity to preserve the life or vital interests of the Data Subject or to prevent, examine or treat disease.

Section 4: The Regulations shall set out the provisions, criteria and procedures related to the implementing this Article, including applicable exceptions for Controllers regarding conditions referred to in Subparagraphs (b) and (c) of Paragraph (2) of this Article, as well as controls and procedures for such exemptions.

Article 30: Competent Authority

Section 1: Without prejudice to the provisions of this Law and the powers of the Saudi Central Bank pursuant to applicable legal provisions, the Competent Authority shall be the entity in charge of overseeing the implementation of this Law and the Regulations.

Section 2: The Regulations shall identify the situations where the Controller shall appoint one or more persons as personal data protection officer(s), and shall set the responsibilities of any such person in accordance with the provisions of this Law.

Section 3: The Controller shall cooperate with the Competent Authority in performing its duties to supervise the implementation of the provisions of this Law and the Regulations, and shall take such steps as necessary in connection with the related matters referred to the Controller by the Competent Authority.

Section 4: The Competent Authority, in order to carry out its duties related to supervising the implementation of the provisions of the Law and Regulations, may:

Section 5: The Competent Authority may, at its discretion, delegate to other authorities the accomplishment of some of its duties that are related to supervision or enforcement of the provisions of the Law and Regulations.

Article 31: Record Keeping

Without prejudice to Article (18) herein, the Controller shall maintain records, for such a period as required under the Regulations, of the Personal Data Processing activities, based on the nature of the activity carried out by the Controller. Such records are to be available whenever requested by the Competent Authority. The records shall contain the following information at a minimum:

Article 32: Repealed

Repealed.

Article 33: Licensing

Section 1: The Competent Authority shall set the requirements for practicing commercial, professional or non-profit activities related to Personal Data protection in the Kingdom, in coordination with the competent authorities, and without prejudice to the other requirements set by those authorities in their domain of competence.

Section 2: The Competent Authority may grant licenses to entities that issue accreditation certificates to Controllers and Processors. The Competent Authority shall set the rules to regulate the issuance of such certificates.

Section 3: The Competent Authority may grant licenses to entities that conduct audits or checks of Personal Data Processing activities related to the Controller's activity, in accordance with the provisions stipulated in the Regulations. The Competent Authority shall set the conditions and criteria to grant such licenses, and the rules regulating them.

Section 4: The Competent Authority shall specify the appropriate tools and mechanisms to monitor compliance of Controllers and Processors outside the Kingdom in regard with their obligations as stated in the Law and the Regulations when Processing personal data related to individuals residing in the Kingdom by any means, and shall define procedures to enforce the provisions of the Law and the Regulations outside the Kingdom.

Article 34: Complaints

A Data Subject may submit to the Competent Authority any complaint that may arise out of the implementation of this Law and the Regulations. The Regulations shall set out the rules for processing the complaints that may arise from implementing this Law and the Regulations.

Article 35: Penalties for Sensitive Data

Section 1: Without prejudice to any harsher penalty stipulated in another law, any individual discloses or publishes Sensitive Data, in violation of the provisions of the Law, with the intention of harming the Data Subject or achieving a personal benefit shall be punished with imprisonment for a period not exceeding (two years), or a fine not exceeding (three million) Riyals, or both.

Section 2: The Public Prosecution is responsible for investigating and prosecuting before the competent court for the violation stipulated in Paragraph (1) of this Article.

Section 3: The competent court shall be in charge of lawsuits arising from the implementation of this Article and issuing the prescribed penalties.

Section 4: The competent court may double the fine penalty stipulated in Paragraph (1) of this Article in the case of recidivism, even if it results in exceeding its maximum limit, provided that it does not exceed double this limit.

Article 36: General Penalties

Section 1: In cases that are not covered in Article (35) herein and without prejudice to any harsher penalty stipulated in another law, a warning or a fine not exceeding (five million) Riyals shall be imposed on every person with a special natural or legal capacity - covered by the provisions of the Law - who violates any of the provisions of the Law or the Regulations. The fine penalty may be doubled in the event of a repeat violation, even if it results in exceeding its maximum limit, provided that it does not exceed double this limit.

Section 2: A committee (or more) shall be formed by a decision of the president of the Competent Authority. The number of its members shall not be less than (three), and one of them shall be appointed as the committee head, and there shall be a technical specialist and a legal advisor among them. The committee is to examine violations and issue warnings or impose fines as stipulated in Paragraph (1) of this Article, considering the type of violation committed, its seriousness and the extent of its impact; provided that the decision of the committee is approved by the president of the Competent Authority or whomever they delegate. The president of the Competent Authority shall issue, by their decision, the rules of work of the committee, and the remunerations of its members shall be determined therein.

Section 3: Anyone against whom a decision has been issued by the committee mentioned in Paragraph (2) of this Article has the right to appeal against them before the competent court.

Article 37: Enforcement

Section 1: Employees and workers appointed by a decision of the president of the Competent Authority shall have the powers to control and inspect the violations stated in this Law or the Regulations. The president of the Competent Authority shall issue the rules and procedures in regard to the work of those employees and workers in accordance with the applicable laws.

Section 2: The employees and workers referred to in Paragraph (1) of this Article may seek assistance from criminal investigations authorities or other competent authorities to carry out their duties concerning control and inspection of violations stipulated in the Law or Regulations.

Section 3: The Competent Authority has the right to seize the means or tools used in committing the violation until a decision is made on it.

Article 38: Confiscation and Publication

Section 1: Without prejudice to the rights of bona fide third parties, the competent court may order the confiscation of funds obtained as a result of committing the violations stipulated in the Law.

Section 2: The competent court, or the committee referred to in paragraph (2) of Article (36), as the case may be, may include in their penalty judgment or decision a provision that a summary of such judgment or decision shall be published at the expense of the violator in one (or more) local newspapers distributed in their area of residence, or using any other proper means. This is based on the type, seriousness and impact of the violation; provided that the publishing shall be after the judgment becomes final, the lapse of the deadline for appeals, or the issuance of a final ruling dismissing the appeal against the judgement.

Article 39: Public Entity Discipline

Without prejudice to the provisions of Article (35) and Paragraph (1) of Article (36) of this Law, the Public Entity shall discipline any of its employees who violate any of the provisions of this Law and Regulations, in accordance with the disciplinary provisions and procedures prescribed by law.

Article 40: Compensation

Without prejudice to the penalties stated in this Law, any individual that suffers a damage as a result of any of the violations stated in this Law or the Regulations may apply to a competent court for proportionate compensation for the material or moral damage.

Article 41: Confidentiality

Any person that engages in the Processing of Personal Data shall protect the confidentiality of the Personal Data even after the end of such person's occupational or contractual relationship.

Article 42: Regulations

The president of the Competent Authority shall issue the Regulations within a period not exceeding (seven hundred and twenty) days commencing on the date of publishing the Law provided that the president must coordinate before issuing the Law with: (Ministry of Communications and Information Technology, Ministry of Foreign Affairs, Communications, Space & Technology Commission, Digital Government Authority, National Cybersecurity Authority, Saudi Health Council, and Saudi Central Bank), each in its own jurisdiction.

Article 43: Effective Date

This Law shall come into force after (seven hundred and twenty) days commencing on the date of its publication in the Official Gazette.

Penalties

Article Violation Penalty
35 Disclosing or publishing Sensitive Data with intent to harm the Data Subject or achieve personal benefit. Imprisonment not exceeding two years, or a fine not exceeding three million Riyals, or both. Fine may be doubled for recidivism, not exceeding twice the limit.
36 Any violation of the Law or Regulations not covered by Article 35. Warning or a fine not exceeding five million Riyals. Fine may be doubled for repeat violations, not exceeding twice the limit.