2025 Saudi Arabia PDPL Compliance Guide: Step-by-Step Business Requirements to Avoid Fines & Ensure Data Protection
1 Introduction to Saudi Arabia’s Personal Data Protection Law (PDPL)
1.1 Background and Scope of the PDPL
The Kingdom of Saudi Arabia’s Personal Data Protection Law (PDPL), enacted through Royal Decree No. M/19 on September 16, 2021, and amended by Royal Decree No. M/148 on March 27, 2023, represents a landmark development in the Middle East’s data protection landscape. The law came into full effect on September 14, 2023, following a one-year grace period to allow organizations to adapt to the new requirements.
The PDPL establishes a comprehensive framework for protecting personal data in Saudi Arabia, aligning the Kingdom with global data protection standards while addressing specific regional considerations. This legislation applies to any entity processing personal data of Saudi residents, regardless of whether the entity is physically located within the Kingdom, making it a critical compliance consideration for both local and international businesses.
The Saudi Data and Artificial Intelligence Authority (SDAIA) serves as the primary regulatory body overseeing the implementation and enforcement of the PDPL, with the National Data Management Office (NDMO) handling day-to-day regulatory functions.
1.2 Key Definitions and Terminology
Understanding the PDPL begins with familiarizing yourself with its core terminology:
•Personal Data: Any information of any source and form that would identify a specific individual or make them identifiable, directly or indirectly, including: name, personal identification number, addresses, contact numbers, license numbers, records and personal property, bank account and credit card numbers, still or moving photos of an individual, and other data of personal nature.
•Sensitive Personal Data: Data that reveals an individual’s racial or ethnic origin, religious or philosophical beliefs, political opinions, criminal record, or any biometric or genetic data that uniquely identifies an individual.
•Data Subject: The natural person to whom the personal data relates.
•Controller: Any entity that, alone or jointly with others, determines the purposes and means of processing personal data.
•Processor: Any entity that processes personal data on behalf of the controller.
•Processing: Any operation performed on personal data, including collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, use, disclosure, alignment, combination, restriction, erasure, or destruction.
1.3 Timeline of Implementation and Enforcement
The PDPL’s implementation follows a phased approach:
| Phase | Date | Milestone |
| Enactment | September 16, 2021 | Royal Decree M/19 issued |
| Amendment | March 27, 2023 | Royal Decree M/148 amended certain provisions |
| Effective Date | September 14, 2023 | Law officially came into effect |
| Grace Period End | September 14, 2024 | End of 12-month transition period for compliance |
| Full Enforcement | Current | Active enforcement with penalties for non-compliance |
Organizations that have not yet achieved full compliance face significant legal and financial risks, as the SDAIA is now actively enforcing the law’s provisions.
2 Key Requirements and Compliance Obligations
2.1 Data Controller and Processor Obligations
Under the PDPL, data controllers bear primary responsibility for compliance and must:
•Implement appropriate technical and organizational measures to protect personal data
•Maintain records of processing activities
•Conduct data protection impact assessments for high-risk processing
•Appoint a Data Protection Officer (DPO) when processing activities require regular and systematic monitoring of data subjects on a large scale
•Register with the NDMO through the National Data Governance Platform
•Ensure processors provide sufficient guarantees to implement appropriate technical and organizational measures
Processors must:
•Process data only according to the controller’s documented instructions
•Ensure persons authorized to process personal data are bound by confidentiality
•Assist the controller in ensuring compliance with security obligations
•Return or delete all personal data after the end of service provision
2.2 Legal Basis for Processing Personal Data
The PDPL requires a valid legal basis for processing personal data. These include:
1.Consent: Clear, specific, informed, and unambiguous indication of the data subject’s wishes
2.Contractual Necessity: Processing necessary for the performance of a contract
3.Legal Obligation: Processing necessary for compliance with a legal obligation
4.Vital Interests: Processing necessary to protect vital interests of the data subject or another person
5.Public Interest: Processing necessary for the performance of a task carried out in the public interest
6.Legitimate Interests: Processing necessary for legitimate interests pursued by the controller or a third party
For sensitive personal data, explicit consent is generally required, with limited exceptions for specific circumstances such as employment, public health, or legal claims.
2.3 Data Subject Rights Under PDPL
The PDPL grants data subjects several rights regarding their personal data:
•Right to Access: Data subjects can request confirmation of whether their data is being processed and access to that data
•Right to Rectification: Data subjects can request correction of inaccurate personal data
•Right to Erasure: Data subjects can request deletion of their personal data under certain circumstances
•Right to Restriction of Processing: Data subjects can request restriction of processing in specific situations
•Right to Data Portability: Data subjects can request their data in a structured, commonly used, and machine-readable format
•Right to Object: Data subjects can object to processing based on legitimate interests or for direct marketing
•Rights Related to Automated Decision-Making: Data subjects have rights regarding decisions based solely on automated processing
Controllers must respond to data subject requests within 30 days, with a possible extension of up to 60 days for complex requests.
3 Cookie Policies and Consent Requirements
3.1 Cookie Consent Requirements (Opt-in Model)
The PDPL adopts an opt-in consent model for cookies and similar tracking technologies. This means websites targeting Saudi Arabian users must:
•Obtain prior, explicit consent before setting any non-essential cookies
•Provide clear and comprehensive information about the cookies used
•Allow users to refuse non-essential cookies without degrading their experience
•Make it as easy to withdraw consent as it was to give it
•Regularly refresh consent (recommended annually)
Essential cookies that are strictly necessary for providing the service explicitly requested by the user may be exempt from the consent requirement, but all other cookies—including analytics, advertising, and social media cookies—require explicit opt-in consent.
3.2 Cookie Banner Implementation Guidelines
To comply with PDPL requirements, your cookie banner should:
1.Be Clearly Visible: Appear prominently when a user first visits your website
2.Provide Granular Choices: Allow users to accept or reject different categories of cookies
3.Avoid Pre-Ticked Boxes: All consent options must be unticked by default
4.Include a « Reject All » Option: This should be as prominent as the « Accept All » option
5.Prevent Cookie Wall: Users should be able to access your website even if they reject non-essential cookies
6.Be Available in Arabic: Consider providing the banner in both English and Arabic
Example cookie banner structure:
HTML
<div class= »cookie-banner »> <h3>We Value Your Privacy</h3> <p>This website uses cookies to enhance your browsing experience, serve personalized ads or content, and analyze our traffic. By clicking « Accept All », you consent to our use of cookies.</p> <div class= »cookie-options »> <div class= »cookie-category »> <input type= »checkbox » id= »essential » checked disabled> <label for= »essential »>Essential Cookies (Required)</label> </div> <div class= »cookie-category »> <input type= »checkbox » id= »analytics »> <label for= »analytics »>Analytics Cookies</label> </div> <div class= »cookie-category »> <input type= »checkbox » id= »marketing »> <label for= »marketing »>Marketing Cookies</label> </div> </div> <div class= »cookie-actions »> <button class= »reject-all »>Reject All</button> <button class= »accept-selected »>Accept Selected</button> <button class= »accept-all »>Accept All</button> </div> <a href= »/cookie-policy »>Learn More</a> </div>
3.3 Cookie Policy Documentation Requirements
Your cookie policy should be a separate document or a clearly defined section within your privacy policy. It must include:
1.Types of Cookies Used: Categorize cookies (essential, functional, analytics, advertising)
2.Purpose of Each Cookie: Explain why each cookie is used
3.Duration of Cookies: Specify how long each cookie remains active
4.Third-Party Cookies: Identify any third-party cookies and their providers
5.How to Manage Cookies: Instructions for disabling or deleting cookies
6.Consent Management: Explain how users can change their preferences
7.Updates to the Policy: When and how the policy may be updated
A comprehensive cookie policy not only ensures PDPL compliance but also builds trust with your Saudi Arabian audience.
4 Website Legal Information Requirements
4.1 Mandatory Legal Disclosures for Websites
Websites operating in or targeting Saudi Arabia must include specific legal information to comply with the PDPL and related regulations:
| Disclosure Type | Requirement | Location |
| Company Information | Legal name, commercial registration number, physical address, contact details | Footer or « About Us » page |
| Regulatory Information | Any licenses or registrations with Saudi authorities | Footer or dedicated page |
| Terms of Service | Clear terms governing use of the website | Dedicated page with link in footer |
| Privacy Policy | Comprehensive PDPL-compliant privacy policy | Dedicated page with link in footer |
| Cookie Policy | Details of cookie usage and consent mechanisms | Dedicated page or section |
| Copyright Notice | Copyright statement and intellectual property information | Footer |
These disclosures should be easily accessible from any page on your website, typically through footer links.
4.2 Privacy Policy Requirements
Your privacy policy must be comprehensive and PDPL-compliant, including:
1.Identity and Contact Details: Clear identification of the data controller
2.Types of Data Collected: Detailed list of personal data categories collected
3.Processing Purposes: Specific purposes for which data is processed
4.Legal Basis: Legal grounds for processing each category of data
5.Data Retention: How long data is kept and criteria for determining retention periods
6.Data Subject Rights: Explanation of all rights under the PDPL and how to exercise them
7.Data Sharing: Information about recipients or categories of recipients of personal data
8.International Transfers: Details of any cross-border data transfers and safeguards
9.Security Measures: Overview of measures to protect personal data
10.Automated Decision-Making: Information about any automated decision-making, including profiling
11.Updates: How changes to the privacy policy will be communicated
12.Complaints: How to file complaints with the controller and the NDMO
The privacy policy should be written in clear, plain language and be available in both English and Arabic.
4.3 Terms and Conditions Best Practices
While terms and conditions are not explicitly required by the PDPL, they complement your privacy policy and help establish a clear legal relationship with your users. Best practices include:
•Clear Language: Avoid legal jargon and use plain language
•User Rights and Obligations: Clearly define what users can and cannot do
•Limitation of Liability: Specify the extent of your liability
•Intellectual Property: Clarify ownership of content and permitted uses
•Governing Law: Specify that Saudi law applies (if appropriate)
•Dispute Resolution: Outline how disputes will be resolved
•Termination: Conditions under which services may be terminated
•Changes to Terms: Process for updating terms and notifying users
Having comprehensive terms and conditions helps protect your business while ensuring transparency with your Saudi Arabian users.
5 Web Security Standards and Best Practices
5.1 Encryption and HTTPS Requirements
The PDPL requires appropriate technical measures to protect personal data, with encryption being a key component. For websites processing personal data of Saudi residents:
•HTTPS Implementation: All websites must use HTTPS protocol with a valid SSL/TLS certificate
•Minimum TLS Version: TLS 1.2 or higher is recommended (TLS 1.0 and 1.1 are considered insecure)
•Strong Cipher Suites: Use modern, secure cipher suites and disable weak ones
•Certificate Management: Ensure certificates are from trusted authorities and renewed before expiration
•HSTS Implementation: Enable HTTP Strict Transport Security to prevent downgrade attacks
•Secure Cookies: Set the ‘Secure’ and ‘HttpOnly’ flags on cookies containing sensitive information
Implementing proper encryption not only helps with PDPL compliance but also builds trust with your Saudi Arabian audience and protects your business reputation.
5.2 Security Audits and Assessments
Regular security audits are essential for maintaining PDPL compliance:
1.Vulnerability Assessments: Conduct regular scans to identify security weaknesses
2.Penetration Testing: Perform annual penetration tests to evaluate security controls
3.Code Reviews: Review application code for security flaws before deployment
4.Configuration Audits: Verify server and application configurations against security benchmarks
5.Third-Party Assessments: Consider independent security assessments for objectivity
Documentation of these security measures is crucial for demonstrating compliance during regulatory inspections.
5.3 Data Breach Notification Procedures
The PDPL imposes strict data breach notification requirements:
•72-Hour Notification: Controllers must notify the NDMO within 72 hours of becoming aware of a breach
•Content of Notification: Must include nature of the breach, categories and approximate number of data subjects affected, likely consequences, and measures taken or proposed
•Data Subject Notification: If the breach is likely to result in high risk to rights and freedoms, controllers must also notify affected data subjects without undue delay
•Documentation: All breaches must be documented, including facts, effects, and remedial actions
Developing a data breach response plan in advance is essential for meeting these tight notification deadlines.
6 Data Hosting and Cross-Border Transfer Rules
6.1 Data Localization Requirements
The PDPL imposes significant data localization requirements:
•Default Requirement: Personal data of Saudi residents should be stored and processed within Saudi Arabia
•Exceptions: Cross-border transfers are permitted only under specific conditions
•Documentation: Controllers must maintain records of all data storage locations
•Cloud Services: When using cloud services, controllers must ensure providers can meet localization requirements
These requirements may necessitate using local data centers or cloud regions within Saudi Arabia for primary data storage.
6.2 Cross-Border Transfer Mechanisms
Cross-border transfers of personal data are permitted only if:
1.Adequacy Decision: The NDMO has determined that the destination country ensures an adequate level of protection
2.Appropriate Safeguards: Suitable safeguards are in place, such as:
•Standard contractual clauses approved by the NDMO
•Binding corporate rules for intra-group transfers
•Codes of conduct or certification mechanisms
3.Specific Derogations: Including:
•Explicit consent from the data subject
•Necessity for contract performance
•Important public interest reasons
•Establishment, exercise, or defense of legal claims
•Protection of vital interests when the data subject is incapable of giving consent
The decision tree below helps determine if your cross-border transfer is permitted:
Plain Text
Is the transfer to a country with an adequacy decision? ├── Yes → Transfer permitted └── No → Do you have appropriate safeguards in place? ├── Yes → Transfer permitted └── No → Does a specific derogation apply? ├── Yes → Transfer permitted (for limited purposes) └── No → Transfer not permitted
6.3 International Data Transfer Agreements
When relying on contractual safeguards for cross-border transfers, your agreements should include:
•Data Protection Clauses: Ensuring the recipient provides adequate protection
•Purpose Limitation: Restricting use to specified purposes
•Data Minimization: Limiting transfer to necessary data
•Storage Limitation: Defining retention periods
•Security Measures: Specifying required technical and organizational measures
•Data Subject Rights: Ensuring data subjects can exercise their rights
•Sub-processing: Rules for engaging additional processors
•Audit Rights: Allowing the controller to verify compliance
•Termination Rights: Conditions for terminating the transfer
•Return or Deletion: Obligations upon termination
These agreements are crucial for demonstrating compliance with PDPL cross-border transfer requirements.
7 Penalties and Enforcement Mechanisms
7.1 Administrative Penalties and Fines
The PDPL establishes a range of administrative penalties for non-compliance:
| Violation | Maximum Fine (SAR) | Approximate USD |
| General violations | Up to 5,000,000 | Up to $1,333,000 |
| Unauthorized processing | Up to 3,000,000 | Up to $800,000 |
| Failure to implement security measures | Up to 5,000,000 | Up to $1,333,000 |
| Failure to notify of data breaches | Up to 1,000,000 | Up to $266,000 |
| Unlawful cross-border transfers | Up to 5,000,000 | Up to $1,333,000 |
Factors affecting penalty determination include:
•Nature, gravity, and duration of the infringement
•Number of affected data subjects
•Level of damage suffered
•Intentional or negligent character of the infringement
•Measures taken to mitigate damage
•Previous infringements
•Degree of cooperation with the NDMO
7.2 Criminal Sanctions for Serious Violations
Beyond administrative fines, the PDPL imposes criminal sanctions for serious violations:
•Unauthorized Disclosure: Disclosing or publishing sensitive personal data contrary to the PDPL may result in imprisonment for up to 2 years and/or a fine of up to SAR 3,000,000 (approximately $800,000)
•Unauthorized Processing: Processing personal data for illegitimate purposes may result in imprisonment for up to 1 year and/or a fine of up to SAR 1,000,000 (approximately $266,000)
These criminal sanctions apply to individuals responsible for the violations, potentially including company officers and employees.
7.3 Enforcement Actions and Case Studies
While the PDPL is relatively new, the NDMO has indicated its commitment to robust enforcement:
•Proactive Audits: The NDMO has begun conducting compliance audits of high-profile organizations
•Complaint Investigations: Investigations based on data subject complaints are increasing
•Public Announcements: The NDMO has stated it will publicly announce significant enforcement actions
Organizations should monitor enforcement trends and precedents as they emerge to better understand compliance expectations and risk areas.
8 Related Laws and Regulatory Framework
8.1 Anti-Cybercrime Law and Its Intersection with PDPL
Saudi Arabia’s Anti-Cybercrime Law (Royal Decree No. M/17 of 8 Rabi 1 1428H) complements the PDPL by criminalizing various cyber offenses:
•Unauthorized Access: Accessing information systems without authorization
•Data Theft: Stealing or intercepting data transmissions
•Defamation: Using information technology to defame or harm others
•Privacy Violations: Invading privacy through technology
•Financial Fraud: Using technology for fraudulent purposes
Penalties under the Anti-Cybercrime Law include:
•Imprisonment for up to 10 years
•Fines up to SAR 5,000,000 (approximately $1,333,000)
•Confiscation of devices and software used in the crime
•Closure of the establishment involved
Organizations must ensure compliance with both the PDPL and Anti-Cybercrime Law, as violations may trigger penalties under both regimes.
8.2 E-commerce Law Requirements
Saudi Arabia’s E-commerce Law (Royal Decree No. M/126 dated 7/11/1440H) establishes additional requirements for online businesses:
•Service Provider Information: Clear disclosure of identity, address, and contact details
•Contract Terms: Transparent and accessible terms and conditions
•Transaction Details: Clear information about products, prices, and payment methods
•Order Confirmation: Providing confirmation of orders and transactions
•Cancellation Rights: Clear policies on cancellation, return, and refund
•Consumer Data Protection: Safeguarding consumer personal and financial data
E-commerce businesses must comply with both the E-commerce Law and the PDPL, with the latter providing more specific requirements for personal data protection.
8.3 Sector-Specific Regulations
Certain sectors face additional data protection requirements beyond the PDPL:
| Sector | Regulatory Body | Additional Requirements |
| Financial Services | Saudi Central Bank (SAMA) | SAMA Cyber Security Framework, additional data security and retention requirements |
| Healthcare | Ministry of Health | Patient confidentiality rules, specific consent requirements for health data |
| Telecommunications | Communications and Information Technology Commission (CITC) | Subscriber data protection rules, data retention requirements |
| Cloud Computing | Communications and Information Technology Commission (CITC) | Cloud Computing Regulatory Framework, classification-based data localization |
Organizations operating in these sectors must ensure compliance with both the PDPL and sector-specific regulations, applying the stricter standard where requirements differ.
9 Compliance Checklist and Implementation Timeline
9.1 PDPL Compliance Roadmap
Achieving PDPL compliance requires a structured approach:
1.Assessment Phase (1-2 months)
•Conduct data mapping and inventory
•Identify gaps in current practices
•Determine applicable requirements
2.Planning Phase (1 month)
•Develop compliance strategy
•Allocate resources
•Set implementation timeline
3.Implementation Phase (3-6 months)
•Update policies and procedures
•Implement technical measures
•Train staff on new requirements
4.Validation Phase (1 month)
•Conduct compliance audit
•Test security measures
•Review documentation
5.Maintenance Phase (Ongoing)
•Regular compliance reviews
•Update measures as needed
•Monitor regulatory developments
9.2 Documentation and Record-Keeping Requirements
The PDPL requires maintaining comprehensive documentation:
•Records of Processing Activities: Detailed inventory of all personal data processing
•Data Protection Impact Assessments: For high-risk processing activities
•Consent Records: Evidence of valid consent where relied upon
•Data Subject Request Handling: Documentation of requests and responses
•Data Breach Records: Documentation of all breaches, regardless of notification requirement
•Transfer Mechanisms: Evidence of safeguards for cross-border transfers
•Security Measures: Documentation of technical and organizational measures
•Staff Training: Records of data protection training
These records must be maintained in an organized manner and be readily available for regulatory inspection.
9.3 Conducting a PDPL Readiness Assessment
A comprehensive readiness assessment should evaluate:
1.Data Inventory: What personal data do you collect, process, and store?
2.Processing Activities: Why and how do you process personal data?
3.Legal Basis: What legal grounds justify your processing activities?
4.Policies and Procedures: Do you have PDPL-compliant policies in place?
5.Data Subject Rights: Can you efficiently handle data subject requests?
6.Security Measures: Are appropriate technical and organizational measures implemented?
7.Third Parties: Do your vendor contracts include appropriate data protection clauses?
8.Cross-Border Transfers: Do you have mechanisms for lawful international transfers?
9.Breach Response: Is your breach notification procedure compliant with the 72-hour requirement?
10.Staff Awareness: Are your employees trained on data protection requirements?
The assessment should result in a prioritized remediation plan addressing identified gaps.
Conclusion: The Urgency of PDPL Compliance
With the PDPL now in full effect and the grace period expired, organizations processing personal data of Saudi residents face significant compliance obligations and potential penalties for non-compliance. The comprehensive nature of the law, combined with its strict requirements and substantial penalties, makes PDPL compliance a business-critical issue.
Organizations should prioritize conducting a thorough PDPL readiness assessment and implementing necessary measures to address any compliance gaps. Given the complexity of the requirements and the severe consequences of non-compliance, many organizations benefit from expert guidance to navigate the PDPL landscape effectively.
Don’t wait for enforcement action to prioritize compliance. Contact our team of PDPL specialists today for a comprehensive compliance audit and tailored implementation plan to protect your business and the personal data you process.
This article provides general information about Saudi Arabia’s Personal Data Protection Law and does not constitute legal advice. Organizations should consult with qualified legal professionals for specific guidance on their compliance obligations.