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Navigating the KSA Data Law

2023-12-17

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A Comprehensive Guide for Compliance

Introduction

Saudi Arabia's Data Law (Law No. M/19 of 9/2/1443H) introduces a new era in data privacy and security, aligning the Kingdom with global data protection, and data localization as well as cross-border data transfer standards. This article aims to guide businesses, legal professionals, and data handlers on the law's key aspects and implications.

Key Provisions of the KSA Data Law

The law encompasses several critical areas.

- Data Protection and Individual Rights (read more about GDPR Vs. CCPR)(Article 4): This grants individuals significant control over their personal data, echoing global data privacy norms. It necessitates businesses to revise their data handling processes to ensure compliance.

- Consent and Transparency in Data Processing (Article 5): The requirement for explicit consent demands a higher level of transparency from businesses in data collection and processing.

Who Should Be Wary of the Law
- All businesses operating within KSA, especially those handling personal data, must comply with these regulations.

- Legal professionals advising clients on data privacy and protection.

- Data handlers and processors, including IT professionals and data managers, need to be aware of the specific requirements for data handling and security.

Practical Implications for Businesses


Businesses must adopt stringent data protection measures. This includes revising data collection methods to include explicit consent mechanisms and ensuring robust data security protocols are in place.

Legal and Regulatory Compliance

Legal advisors must provide comprehensive guidance on complying with the law, highlighting the importance of regular audits, policy updates, and employee training in data protection and privacy.

Alignment with Vision 2030

The law is a key component of Saudi Arabia’s Vision 2030, fostering a secure and innovative digital economy. It aims to encourage technological innovation within a regulated environment, boosting consumer and investor confidence in the digital market.

Risks and Penalties for Non-Compliance

Failure to comply can result in substantial penalties, including fines up to SAR 3 million for sensitive data breaches and up to SAR 5 million for other violations. These penalties underscore the importance of rigorous compliance mechanisms within organizations.

Conclusion

This installment of Kurdi & Co.'s AI & Data Insights Series. We invite you to stay tuned for further analyses on the evolving landscape of AI and data regulation.

Kurdi & Co. - Bridging the gap between technology and the law.

 

Further Exploration

For a deeper dive into the legal specifics of the DATA Law, refer to:

KSA DATA LAW

Contact the authors

Mariam Shqair
Attorney
info@kurdilaw.ps