Data Strategy Briefing — September 24, 2021
Saudi Arabia’s Personal Data Protection Law, issued 24 September 2021, introduces SDAIA-led consent, localisation, rights, and breach notification duties with a one-year grace period before penalties apply.
Executive summary. Saudi Arabia enacted the Personal Data Protection Law (PDPL) through Royal Decree M/19 on 24 September 2021, establishing the Kingdom’s first comprehensive privacy framework with enforcement led by the Saudi Data & Artificial Intelligence Authority (SDAIA).[1] Organisations have a one-year grace period (extendable) to implement governance, consent management, and localisation controls before penalties take effect.
Scope. The PDPL applies to any processing of personal data related to individuals in Saudi Arabia by public or private entities, regardless of whether the processor is established inside the Kingdom. It also covers processing of data related to Saudi residents by entities located abroad.[1]
Lawful bases and consent. Controllers must obtain explicit consent unless another legal basis applies (e.g., vital interests, contractual necessity, legal requirements). Consent must be clear, specific, and documented. Processing of sensitive personal data requires heightened safeguards.
Data subject rights. Individuals can request access, correction, deletion, and information about disclosure of their data. Controllers must respond within specified timeframes and provide mechanisms for complaints.[1] SDAIA may issue further guidance on handling children’s data and automated decision-making.
Data localisation and cross-border transfers. Personal data must generally remain inside Saudi Arabia unless SDAIA authorises cross-border transfers under specific conditions—such as necessity for public interest, contractual obligations, or when adequate protections are guaranteed.[1] Controllers must document transfer assessments, ensure recipient jurisdictions provide sufficient protection, and obtain necessary approvals.
Breach notification. Controllers must notify SDAIA immediately upon becoming aware of data breaches that compromise personal data, and inform affected individuals when the incident may cause harm.[1] Incident response plans should include Arabic-language communications and escalation paths.
Registration and recordkeeping. SDAIA can require controllers to register and submit data processing records. Controllers must maintain logs of processing activities, data flows, and third-party disclosures, making them available upon request.[2]
Penalties. Non-compliance may lead to warnings, orders to suspend processing, administrative fines up to SAR 5 million, and criminal penalties (including imprisonment) for unlawful disclosure of sensitive data or intent to harm individuals.[1]
Concrete compliance controls.
- Data inventory. Catalogue processing activities, identifying legal bases, data categories, retention schedules, and localisation requirements.
- Consent lifecycle. Implement consent capture and withdrawal mechanisms in Arabic and other relevant languages, storing consent evidence with timestamps.
- Cross-border governance. Establish approval workflows for transfers, including risk assessments, contractual safeguards, encryption, and SDAIA approval records.
- Vendor oversight. Update contracts with processors to include PDPL obligations, audit rights, breach notification timelines, and localisation commitments.
- Training. Deliver PDPL-specific training to employees handling personal data, emphasising consent, rights processing, and incident reporting.
Implementation roadmap.
- Quarter 1: Form a PDPL compliance task force, assess current privacy programme maturity, and map data flows.
- Quarter 2: Draft policies (privacy, retention, incident response), deploy consent management tools, and classify data by sensitivity.
- Quarter 3: Establish localisation strategies (Saudi data centres, anonymisation), renegotiate vendor contracts, and develop breach communication playbooks.
- Quarter 4: Conduct readiness testing, simulate SDAIA inspections, and finalise executive reporting.
- Ongoing: Monitor SDAIA regulations, public consultations, and sector-specific guidance (finance, telecoms, healthcare).
Rights handling operations. Configure request intake portals with identity verification, status tracking, and escalation workflows. Maintain logs to demonstrate response timelines and outcomes.
Data security. Implement encryption, access controls, multi-factor authentication, and logging aligned with National Cybersecurity Authority (NCA) Essential Cybersecurity Controls.[3] Conduct regular penetration tests and vulnerability scans.
Localization strategy. Evaluate options for hosting data in Saudi-based cloud regions or on-premises infrastructure. For international operations, consider data segmentation, tokenisation, or pseudonymisation to reduce cross-border dependencies.
Metrics and monitoring. Track data subject requests, consent revocations, vendor assessments, incident counts, and training completion. Use dashboards to report progress to senior leadership.
Stakeholder engagement. Coordinate with legal, IT, HR, marketing, and customer service to ensure consistent messaging. Engage with industry associations and SDAIA consultations to stay ahead of regulatory updates.
Future outlook. SDAIA is expected to issue implementing regulations detailing cross-border transfer approvals, breach thresholds, and anonymisation standards.[2] Organisations should prepare to adapt quickly when rules are published.
Risks of non-compliance. Beyond fines and criminal liability, organisations risk licence revocation, reputational damage, and contract termination. Implementing robust governance, localisation, and transparency controls is essential to maintaining market trust.
Purpose limitation and data minimisation. The PDPL restricts collection to data that is adequate, relevant, and limited to the stated purpose. Controllers must maintain accuracy, update records, and delete or anonymise data when the purpose is fulfilled unless retention is legally required.[1]
Privacy notice obligations. Before processing, controllers must inform individuals of the legal basis, collection purpose, contact information, retention period, rights, and potential disclosure recipients. Notices should be available in Arabic and any additional languages relevant to data subjects.[1]
Marketing restrictions. Using personal data for direct marketing or profiling requires explicit consent; individuals can opt out at any time. Maintain suppression lists and ensure marketing vendors honour withdrawal requests.
Compliance leadership. Controllers must assign one or more individuals to oversee PDPL implementation, coordinate with SDAIA, and monitor internal compliance.[1] Document responsibilities, reporting lines, and escalation procedures.
Children’s data. Processing personal data of minors requires consent from a parent or legal guardian and must prioritise the child’s best interests. Deploy age-verification mechanisms and parental dashboards for consent management.
Complaint management. Provide accessible channels for individuals to file complaints or inquiries. Maintain logs of complaints, resolutions, and timelines to demonstrate accountability to SDAIA.
Third-country assessments. When transfers are permitted, document legal analyses comparing recipient jurisdiction protections to PDPL standards, including contractual safeguards, technical controls, and on-site audits.
Record of processing template. Maintain structured registers capturing controller/processor details, processing purposes, categories of data subjects, security measures, and localisation status. Use these registers to support compliance reporting and respond to SDAIA inspections.
Documentation. Retain board approvals, DPIA reports, consent logs, and localisation assessments for at least five years to evidence compliance during SDAIA reviews.
Metrics transparency. Share PDPL compliance metrics with executive leadership and, where appropriate, with board audit committees to sustain sponsorship for localisation investments.
Continue in the Data Strategy pillar
Return to the hub for curated research and deep-dive guides.
Latest guides
-
Data Interoperability Engineering Guide — Zeph Tech
Engineer interoperable data exchanges that satisfy the EU Data Act, Data Governance Act, European Interoperability Framework, and ISO/IEC 19941 portability requirements.
-
Data Stewardship Operating Model Guide — Zeph Tech
Establish accountable data stewardship programmes that meet U.S. Evidence Act mandates, Canada’s Directive on Service and Digital, and OECD data governance principles while…
-
Data Strategy Operating Model Guide — Zeph Tech
Design a data strategy operating model that satisfies the EU Data Act, EU Data Governance Act, U.S. Evidence Act, and Singapore Digital Government policies with measurable…