What is PDPL? – A Complete Guide to Compliance with the Saudi Arabia’s Personal Data Protection Law

Introduction and Scope

In an era where data has become one of the most valuable assets, protecting personal information has never been more critical. To address growing concerns around data privacy and to align with global data protection trends, the Kingdom of Saudi Arabia introduced the Personal Data Protection Law (PDPL), which came into effect in September 2023. Enforced by the Saudi Data and Artificial Intelligence Authority (SDAIA), the PDPL establishes a comprehensive legal framework for collecting, processing, storing, and transferring personal data within and outside the Kingdom.

The PDPL aims to:

Safeguard the privacy of individuals’ personal data.
Promote transparency in how data is handled.
Enhance trust between individuals and organizations that process personal data.
Strengthen Saudi Arabia’s position as a digital economy hub.

The law applies to all entities—public or private—that process personal data related to individuals in Saudi Arabia. It also extends to international entities that process the data of individuals residing in the Kingdom. Its reach covers a wide range of sectors, including healthcare, finance, telecom, retail, education, and government services.

By establishing clear regulations, enforcement mechanisms, and data subject rights, the PDPL represents a significant step forward in aligning Saudi Arabia with global best practices in data protection, such as the EU’s GDPR and similar legislation in the UAE and Bahrain.

Key Definitions

To understand and apply the PDPL effectively, it’s important to grasp its foundational terms as defined in the regulation. Below are some of the key definitions:

Personal Data: Any data that directly or indirectly identifies an individual, including names, national ID numbers, addresses, phone numbers, biometric data, financial information, health records, and more.
Sensitive Personal Data: A subset of personal data that includes religious, ethnic, political, security, genetic, biometric, health, credit, or location data. This type of data requires stricter handling and security controls.
Data Subject: The natural person to whom the personal data relates.
Data Controller: Any entity—public or private—that determines the purpose and method of processing personal data.
Data Processor: A party that processes personal data on behalf of the data controller under a contractual agreement or legal authorization.
Processing: Any operation or set of operations performed on personal data, whether by automated or non-automated means. This includes collecting, recording, organizing, storing, modifying, retrieving, disclosing, transmitting, publishing, erasing, or destroying personal data.
Anonymization: The process of modifying personal data in such a way that the data subject can no longer be identified directly or indirectly.
Data Breach: Any incident that results in unauthorized access to, disclosure of, or loss of personal data.

Legal Basis for Processing Personal Data

Under the PDPL, processing personal data is only lawful when it is based on a clear and legitimate purpose, and must comply with the principles of transparency, fairness, and necessity. Organizations cannot collect or process personal data arbitrarily—they must identify a valid legal basis and inform the data subject accordingly.

The legal bases recognized under PDPL include:

Explicit Consent: The primary legal basis. Controllers must obtain clear and specific consent from the data subject before collecting or processing their data. Consent must be freely given, informed, and revocable at any time.
Legal or Regulatory Requirement: Data may be processed if it is required to comply with Saudi laws or court orders.
Contractual Necessity: Processing is allowed if it is necessary to fulfill a contract with the data subject.
Vital Interests: Personal data can be processed to protect the life or health of the data subject or another individual, particularly in emergencies.
Public Interest: When processing is necessary to achieve a public interest, particularly if carried out by public entities.

Organizations are also required to minimize data collection, ensure data accuracy, and limit processing to what is relevant and necessary to achieve the intended purpose.

Data Subject Rights

The PDPL grants individuals (data subjects) a broad set of rights to empower them in managing how their personal data is used. These rights place obligations on data controllers and processors to provide transparency, access, and accountability.

Key data subject rights include:

Right to Be Informed: Individuals have the right to be notified about the purpose of data collection, how it will be used, and who it will be shared with, prior to any processing.
Right to Access: Data subjects can request to view the personal data an organization holds about them, including details about the source, purpose, and processing activities.
Right to Correction: Individuals can request the correction or updating of inaccurate or incomplete personal data.
Right to Deletion: Under certain circumstances, data subjects can request the erasure of their personal data, especially when it is no longer needed or processed unlawfully.
Right to Object or Restrict Processing: Individuals may object to or limit the processing of their data, particularly for marketing purposes or in cases where consent is withdrawn.
Right to Lodge Complaints: Data subjects can file a complaint with the competent authority (currently SDAIA) if they believe their rights have been violated.

Controllers must respond to these requests within a defined time period, and must implement secure procedures to validate the identity of the requester.

Organizational Responsibilities & Compliance Obligations

The PDPL places clear and enforceable responsibilities on controllers and processors to ensure the protection of personal data. These obligations are designed to embed accountability and transparency within organizations that collect, process, or store personal information.

Key Responsibilities Include:

Lawful Processing: Data must be processed for specific, clear, and legitimate purposes, with a legal basis such as consent, contract, or legal obligation.
Data Minimization: Only the minimum necessary personal data should be collected and processed.
Accuracy and Updating: Organizations must ensure personal data is accurate, complete, and up to date, implementing mechanisms for timely correction.
Retention and Deletion: Personal data should be retained only for as long as necessary, after which it must be securely deleted or anonymized, unless legally required to keep it.
Documentation and Records: Entities must maintain records of their processing activities, including the purpose of collection, data flows, third-party transfers, and applied safeguards.
Privacy Policies and Notices: Controllers are required to provide clear and accessible privacy notices to data subjects at the time of collection.
Appointing a Data Officer: In many cases, organizations must designate a Data Protection Officer (DPO) or internal official responsible for PDPL compliance oversight.
Breach Notification: In case of a data breach, the controller must notify the Saudi Data and Artificial Intelligence Authority (SDAIA) and affected data subjects within specific timeframes.
Third-Party Oversight: When engaging with processors or external parties, controllers must ensure binding agreements are in place that uphold PDPL standards.

These responsibilities reinforce a shift toward accountability-based compliance, requiring businesses to implement robust governance frameworks and demonstrate ongoing commitment to protecting personal data.

Cross-Border Data Transfers

The PDPL places strict limitations on the transfer of personal data outside the Kingdom of Saudi Arabia (KSA) to protect the sovereignty and privacy of data.

Key requirements for cross-border data transfers include:

Regulatory Approval: Personal data may only be transferred or disclosed outside the Kingdom if approved by the Saudi Data & Artificial Intelligence Authority (SDAIA) or in accordance with regulations issued by the competent authority.
Adequate Protection: The receiving country must ensure appropriate levels of data protection, aligned with the standards set by the PDPL.
Exceptional Circumstances: Transfers may be allowed without prior approval if they are necessary to:
- Protect the life or vital interests of the data subject.
- Implement international obligations or support judicial cooperation.
- Fulfill obligations under a contract with the data subject.
Controller Responsibilities: The data controller must ensure that technical and organizational measures are in place to safeguard the transferred data.

SDAIA is tasked with developing the regulatory framework for data transfer approvals and determining countries that offer an adequate level of protection. Until further guidance is issued, businesses are encouraged to minimize international transfers or conduct thorough due diligence when doing so.

Obligations for Data Controllers and Processors

The PDPL defines specific obligations for both data controllers (those who determine the purpose and means of processing) and data processors (those who process data on behalf of the controller).

Controller Responsibilities:

Obtain Valid Consent: Ensure that consent is collected lawfully, documented, and revocable.
Privacy Notices: Provide clear and accessible privacy policies and notices outlining data usage, retention, and data subject rights.
Limit Collection & Retention: Collect only the data necessary for the specified purpose and retain it no longer than needed, unless legally required.
Maintain Data Security: Implement technical, administrative, and organizational measures to protect data from unauthorized access, loss, or breach.
Data Breach Notification: Notify SDAIA and, if necessary, affected individuals within the timeframes specified by the regulation.
Maintain Records: Keep a record of processing activities, including the type of data processed, processing purposes, and sharing details.

Processor Responsibilities:

Act Under Instructions: Process personal data only based on the instructions of the controller and as per the contract.
Ensure Confidentiality: Maintain the confidentiality and integrity of personal data.
Support Controllers: Assist the controller in fulfilling obligations like data subject rights, breach response, and audits.

Both controllers and processors may be subject to fines and penalties for non-compliance, reinforcing the importance of building a robust data governance framework.

Data Breach Notification Requirements

The PDPL mandates timely and transparent reporting of personal data breaches to safeguard the rights of data subjects and maintain accountability.

Key breach notification obligations include:

Mandatory Notification to SDAIA: If a personal data breach occurs that may cause harm to the data subject or affect their rights, the controller must notify the Saudi Data & Artificial Intelligence Authority (SDAIA) without undue delay.
Notification to Data Subjects: If the breach poses a serious risk to the data subject’s rights or freedoms (such as identity theft or financial loss), the affected individuals must also be informed.
Content of the Notification:
- Description of the nature and impact of the breach.
- Types of personal data involved.
- Steps taken or proposed to mitigate the effects.
- Contact information for follow-up or support.
Documentation: Controllers must maintain a record of all breaches, including the facts surrounding them, effects, and remedial actions taken — even when no notification was required.

This breach notification regime encourages transparency, strengthens trust, and enables regulators to monitor and respond to incidents effectively.

Enforcement and Penalties

The PDPL establishes a strong enforcement framework to ensure compliance through audits, investigations, and penalties administered by SDAIA and its supervisory body.

Enforcement Mechanisms:

Inspections and Audits: SDAIA and the National Data Management Office (NDMO) have the authority to conduct audits, inspect data processing activities, and assess compliance.
Corrective Actions: Non-compliant entities may be required to cease certain processing activities, revise practices, or implement specific security measures.
Administrative Sanctions:
- Warnings and notices.
- Suspension or restriction of data processing activities.
- Fines of up to SAR 5 million (approximately USD 1.3 million), which may be doubled for repeat offenses.
Criminal Penalties:
- Unauthorized disclosure or publication of sensitive personal data can lead to imprisonment for up to 2 years and/or fines up to SAR 3 million.
Compensation for Data Subjects: Individuals may seek damages if their rights are violated due to negligence or intentional misuse of their data.

To avoid regulatory scrutiny and financial liabilities, organizations must prioritize compliance readiness and adopt a proactive approach to data protection.

Compliance Roadmap for Businesses

To align with Saudi Arabia’s Personal Data Protection Law (PDPL), organizations must take a proactive and strategic approach to data governance. Below is a practical compliance roadmap to guide businesses through key steps:

Step-by-Step PDPL Compliance Plan:

1. Data Mapping & Classification

Identify what personal data you collect, where it resides, and how it flows within and outside your organization.
Classify data based on sensitivity and processing purposes.

2. Gap Assessment & Risk Analysis

Conduct a detailed PDPL readiness assessment to benchmark current practices against legal requirements.
Prioritize gaps based on regulatory risk and business impact.

3. Update Policies & Contracts

Revise or create privacy policies, data retention schedules, third-party contracts, and data processing agreements to reflect PDPL obligations.

4. Implement Data Subject Rights Mechanisms

Create accessible channels for individuals to exercise their rights (access, correction, deletion, etc.).
Implement verification and tracking processes for responding to requests.

5. Strengthen Data Security Measures

Apply appropriate administrative, technical, and physical safeguards based on data sensitivity.
Ensure encryption, access controls, audit logs, and breach detection mechanisms are in place.

6. Train & Build Awareness

Conduct regular training for staff handling personal data.
Establish a culture of privacy and security awareness across departments.

7. Appoint a Data Officer

Designate a qualified Data Protection Officer (DPO) or internal compliance contact responsible for ensuring ongoing PDPL alignment.

8. Prepare for Breaches & Enforcement

Develop and test incident response plans for managing personal data breaches.
Stay informed of SDAIA guidance, enforcement trends, and industry best practices.

Following this roadmap can help businesses build a sustainable privacy program and avoid costly non-compliance consequences.

Conclusion

As Saudi Arabia positions itself as a digital-first economy, the PDPL marks a transformative shift in data governance, bringing global best practices into the Kingdom’s regulatory framework. It empowers individuals, drives corporate accountability, and enhances trust in digital services.

Organizations operating in or targeting the Saudi market must embrace this law not just as a legal requirement, but as a strategic business imperative. Investing in robust data governance, privacy-by-design frameworks, and compliance readiness will not only mitigate risks but also unlock new opportunities for growth and customer loyalty.