Saudi Arabia: Public consultation launched on proposed amendments to Personal Data Protection Law

In brief

On 20 November 2022, the Saudi Data and Artificial Intelligence Authority (SDAIA) launched a public consultation on proposed amendments to the Personal Data Protection Law, promulgated by Royal Decree No. M/19, dated 09/02/1443H (PDPL), which was originally published on 24 September 2021. You can access our previous alert on the publication of the PDPL here.

The public consultation will remain open up until 20 December 2022 and all organizations are invited to submit their comments by that date.


Contents

Key takeaways 

The proposed amendments seek to address a number of critical issues in the current version of the PDPL, including:

  1. The regulatory framework for cross-border personal data transfers and in particular the introduction of the concept of adequacy.
  2. The introduction of a further legal basis on which organizations can rely on for the processing of personal data (i.e., a similar concept to the controller's legitimate interest for processing is introduced).
  3. The introduction of a right for data subjects to data portability.
  4. Clarification of the statutory threshold that must be met to trigger the need to notify a data breach to the Saudi regulator.

These amendments appear to be intended to align the PDPL more closely with the European General Data Protection Regulation (GDPR) and, if adopted, will represent a welcome development for organizations operating in the Kingdom of Saudi Arabia or whose operations are otherwise impacted by the PDPL. However, there remain some key differences, including the fact that its requirements are focused almost entirely on the obligations of controllers (similar to the predecessor to the GDPR, European Directive 95/46 EC).
 

LOGO_Saudi Arabia Legal_Advisors_Jeddah 

* Content prepared by Legal Advisors in association with Baker & McKenzie Limited.


Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.