Riyadh, Saudi Arabia – As the Kingdom of Saudi Arabia strives to fulfill its Vision 2030, a blueprint for economic diversification and innovation-driven growth, the nation’s legal frameworks are undergoing rapid transformations. Central to this ambitious plan is the integration of technology across various sectors, with a significant emphasis on the regulatory landscapes that govern data and artificial intelligence (AI). This year, several pivotal legal updates have been implemented, further outlining the country’s commitment to becoming a global hub for technological innovation.
In September 2024, the Saudi Personal Data Protection Law (PDPL), an integral piece of legislation aimed at protecting the personal details of residents, became fully enforceable. Initially effective from September 14, 2023, organizations had a year to comply with its regulations, underscoring the urgency for businesses to adapt to the stringent data management and protection standards set forth by the Saudi Data and AI Authority (SDAIA). This law is not limited geographically to Saudi Arabia but extends to any international entity handling the personal data of Saudi residents, significantly broadening its scope and impact.
Adding to the data protection regime, modifications were introduced to the Regulation on Personal Data Transfer Outside the Kingdom. These amendments were crafted to harmonize the local laws with international standards, such as the EU’s General Data Protection Regulation (GDPR). Entities now need to employ rigorous measures, including standard contractual clauses and binding corporate rules, ensuring the security of data before transferring it to countries that are not on SDAIA’s adequacy list, which is yet to be published.
To further solidify the legal infrastructure, SDAIA released Standard Contractual Clauses and Guidelines for Binding Corporate Rules. These documents establish a baseline set of privacy and security criteria that both sender and recipient must adhere to when handling personal data, thus aligning with the PDPL’s requirements.
In another move towards regulating AI, SDAIA introduced Generative AI Guidelines, aiming to educate both government and public sectors on responsible AI usage. These guidelines highlight potential challenges and promote best practices that can steer the development and deployment of generative AI technologies in a manner that respects privacy and fosters trust.
The role of a Data Protection Officer (DPO) has also been meticulously defined with new rules outlining the necessary qualifications and responsibilities. Such regulations are crucial as they ensure that someone within an organization will oversee compliance with the PDPL, playing a pivotal role in managing data protection strategies.
Entities that handle sensitive personal data or engage extensively in data processing activities are now required to register with the National Registration of Controllers, a mandate that aims to foster transparency and enhance regulatory compliance within the Kingdom.
Furthermore, the National Cybersecurity Authority (NCA) has taken significant steps by issuing a new regulatory framework for licensing Managed Security Operations Center Services. This framework mandates a two-tier licensing system and set qualifications for analysts, enhancing the cybersecurity landscape amidst growing digital threats.
The NCA also revised the Essential Cybersecurity Controls, updating its scope and introducing new requirements, including mandates concerning data localization and Saudization, refining the overall security protocols and aligning them with current technological demands.
Lastly, the Communications, Space & Technology Commission (CST) set new regulations for digital content platforms, which, starting from January 2024, impacts a large array of digital service providers including streaming and social media platforms. These platforms must now evaluate their need for appropriate licenses and registrations to comply with local laws.
As Saudi Arabia continues to embed technology into its economic fabric under Vision 2030, these legal adjustments serve not only to protect personal and sensitive data but also to create a robust framework within which technology, innovation, and privacy can coexist and flourish.
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