Sendan Technology, a prominent Saudi-based Data Governance Company, recognizes the critical significance of data protection measures for businesses and organizations. On September 7, 2023, the Saudi Authority for Data and Artificial Intelligence (SDAIA) issued the Implementing Regulations of the Personal Data Protection Law (PDPL) and the Regulations on Personal Data Transfer outside the Geographical Boundaries of the Kingdom. These regulations mark a significant milestone in Saudi Arabia's data protection landscape, providing much-needed clarity and detail to supplement the PDPL, which draws inspiration from the GDPR.
Key Points:
Purpose of Regulations: The regulations aim to protect personal data and ensure individuals' rights are respected in data processing activities.
Scope and Obligations: The PDPL applies across all industry sectors and imposes strict obligations on entities handling personal data. These include reporting data breaches within 72 hours, appointing a Data Protection Officer, conducting impact assessments, and maintaining records of processing activities.
International Data Transfers: The regulations impose stricter conditions on international data transfers compared to the GDPR. Transfers must be based on specific grounds, such as adequacy decisions or appropriate safeguards.
Implementing Regulations: These regulations clarify and supplement the PDPL, providing detailed guidance on various aspects, including data subject rights, consent, legitimate interests, data processors, and data breaches.
Data Subject Rights: Individuals have rights regarding their personal data, including the right to be informed, access, restrict processing, and request destruction. The regulations provide detailed procedures for exercising these rights.
Consent and Legitimate Interests: Consent is central to data processing, and the regulations specify conditions for obtaining and withdrawing consent. Processing based on legitimate interests requires a thorough assessment and documentation.
Data Processors: Detailed requirements are outlined for selecting and monitoring data processors, ensuring compliance with the PDPL.
Personal Data Breaches: Data controllers must promptly notify authorities and affected individuals of data breaches and take measures to mitigate risks.
Data Protection Impact Assessment (DPIA): DPIAs are required for processing sensitive data or activities likely to harm individuals' privacy. Controllers must provide a copy to relevant processors.
Records of Processing Activities (ROPA): Data controllers must maintain accurate records of processing activities, including details such as purposes and data categories.
Data Transfer Regulations: These regulations govern cross-border transfers of personal data, emphasizing the need for safeguards and risk assessments. Transfers must cease if safeguards are compromised or national security is at risk.
Enforcement and Compliance: The regulations entered into force on September 14, 2023. Businesses subject to the PDPL should promptly ensure compliance with its provisions.
It is crucial for businesses to recognize the importance of complying with these regulations to protect individuals' privacy rights, mitigate risks of data breaches, and uphold trust in their operations. Sendan Technology offers comprehensive support and guidance to clients in navigating the complexities of data governance and ensuring compliance with the PDPL and related regulations. Our expertise and tailored solutions empower businesses to safeguard personal data effectively and maintain regulatory compliance in an evolving digital landscape.
