Get prepared for KSA’s personal data protection law before enforcement

As data remains valuable for individuals and organizations alike, Saudi Arabia has long acknowledged its potential sensitivity. In response, the Kingdom introduced its first comprehensive data protection law, the Personal Data Protection Law (PDPL).?

The Saudi Data and Artificial Intelligence Authority (SDAIA) is set to commence full enforcement of the PDPL on September 14, 2024, following the current transition period. SDAIA expects entities to achieve compliance by this deadline.?

The PDPL, which took effect on September 14, 2023, grants data controllers 12 months to align with its mandates, a period potentially extendable for certain entities.?

With the Implementing Regulations and Transfer Regulations now in force, this article outlines essential steps organizations must take to ensure compliance and avoid penalties.

What is the Saudi Arabia personal data protection law (PDPL)?

The KSA’s PDPL is the Kingdom’s inaugural comprehensive data protection legislation. This landmark law aims to protect the privacy of individuals’ personal data and regulate how organizations collect, process, disclose, or retain such data.?

The SDAIA PDPL sets forth detailed requirements concerning processing principles, data subjects’ rights, and organizations’ obligations regarding personal data handling. Additionally, it outlines cross-border data transfer mechanisms and specifies non-compliance penalties.?

Steps to get prepared for KSA’s personal data protection law?

With the PDPL already in force and the deadline approaching, organizations must swiftly comply with its regulations. The Regulations provide clarity, facilitating compliance for businesses operating in or with KSA.

As Saudi Arabia’s first broadly applicable data protection law, the PDPL aligns with global best practices and draws parallels with leading frameworks like the EU’s General Data Protection Regulation (GDPR).

Here’s a breakdown of key steps to establish a robust data protection compliance program in Saudi Arabia, considering both organizations starting from scratch and those already sticking to GDPR:

For organizations new to data protection compliance

Here are the steps to take if an organization is new to its data protection compliance program:

Appointing responsible personnel: Designate qualified individuals or teams to champion and manage data protection efforts.

Documenting data processing activities: Create a comprehensive record outlining all personal data processing activities, including your role (controller or processor) in handling that data.

Mapping international data transfers: Identify any transfers of personal data outside Saudi Arabia. Hold off on implementing specific mechanisms until the Saudi Data & AI Authority (SDAIA) provides further guidance.

Drafting privacy notices: Develop clear and informative privacy notices for website visitors, customers, and employees.

Implementing data subject rights processes: Establish procedures to address requests from individuals regarding their personal data, including access, correction, retrieval, and deletion rights.

Conducting impact assessments: Evaluate your data processing activities to pinpoint high-risk scenarios. Conduct thorough assessments to determine if a Data Protection Officer is necessary.

Prepare for data breaches: Implement processes to detect, address, and respond to data breaches. This includes notifying SDAIA and affected individuals.

Review direct marketing practices: Examine your direct marketing activities and ensure you have proper consent based on the legal grounds you rely on.

Updating agreements with data processors: Review and update contracts with data processors to comply with mandatory requirements and international transfer provisions, if applicable.

For organizations with existing GDPR compliance

Organizations with an established GDPR compliance program can leverage existing materials and processes for PDPL compliance. However, these resources must be reviewed and updated to address differences between GDPR and PDPL. Initial steps include:

Assessing in-scope personal data: Pinpoint personal data that falls under the Saudi Personal Data Protection Law (PDPL).

Conducting a gap analysis: Compare GDPR and PDPL requirements to identify areas where they differ.

Extending GDPR compliance: Extend your existing GDPR compliance program to cover PDPL-regulated data. This might involve updating your Record of Processing Activities and data subject rights processes to include individuals in Saudi Arabia.

Mapping international data transfers: Identify international transfers of personal data and prepare for implementing valid transfer mechanisms based on forthcoming SDAIA details.

Reviewing legal basis for processing: Re-evaluate the legal basis for processing and disclosing personal data, considering the potential differences with GDPR.

Joint controller compliance: Ensure compliance for processing carried out as a joint controller, noting the absence of a joint controller concept under PDPL.

Updating data processor agreements: Review and update contracts with data processors and intra-group agreements to reflect mandatory contractual requirements and international transfer provisions under PDPL, considering any divergences with GDPR.

Reevaluating DPIA thresholds: Reassess thresholds for conducting Data Protection Impact Assessments (DPIAs) since DPIAs are required for all processing of sensitive personal data under PDPL.

Updating data breach response procedures: Update your data breach response procedures to meet the stricter breach notification threshold mandated by PDPL.

Fast-track your PDPL compliance process with CyberArrow

Complying with the Personal Data Protection Law (PDPL) is crucial due to rising digital threats. Every organization, whether operating in Saudi Arabia or working outside the kingdom but dealing with KSA residents’ data, must comply with it.?

SDAIA PDPL protects personal data by regulating its collection, processing, and storage, ensuring privacy rights. Compliance is vital to avoid legal repercussions and maintain trust.

Need help getting prepared for PDPL compliance? Let CyberArrow be your compliance partner.?

CyberArrow is a compliance automation platform that automates evidence collection for PDPL controls. With automated compliance workflows, CyberArrow automated 90% of the work involved in PDPL implementation. It also offers automated risk management, third-party assessments, and privacy KPI monitoring for increased compliance and reduced risks.??

Why wait? Schedule a free demo today and easily streamline your PDPL-compliant business in Saudi Arabia!

FAQs

What is the personal data protection law in Saudi Arabia?

The PDPL is Saudi Arabia’s first comprehensive law protecting personal data privacy and regulating its collection, processing, and transfer mechanisms.

What is the scope of SDAIA PDPL?

PDPL has an extensive reach, applying to all organizations within Saudi Arabia’s jurisdiction, as well as those outside the country processing personal data of individuals in Saudi Arabia.

What are the penalties under PDPL Saudi Arabia?

PDPL sanctions include up to two years in prison or a SAR 3 million fine for sensitive data disclosure and up to one year in prison plus SAR 1 million for violating data transfer rules. Repeat offenses may double fines, with victims eligible for compensation.