Data Transfer Regulations Under PDPL

The PDPL and its associated regulations outline specific conditions for transferring data outside Saudi Arabia. Here’s a detailed look at the key requirements:

• Adequate Level of Protection

  Data can only be transferred to countries or organizations that provide an adequate level of protection, as determined by SDAIA. This includes:

  • Ensuring the recipient country has data protection laws comparable to PDPL.
  • Verifying the presence of a supervisory authority that cooperates with SDAIA.
  • Confirming that legal requirements in the recipient country do not undermine data subject rights.

  SDAIA maintains a list of approved countries, reviewed every four years or as needed.

• Appropriate Safeguards

  If the recipient country lacks adequate protection, data controllers must implement safeguards such as:

  • Binding Corporate Rules (BCRs): Internal policies for multinational companies to ensure compliance across entities.
  • Standard Contractual Clauses (SCCs): Pre-approved agreements to guarantee data protection.
  • Certifications: Compliance certifications aligned with PDPL standards.

  SDAIA provides templates for BCRs and SCCs to facilitate compliance.

   

• Permitted Purposes for Transfer

  Data transfers must align with specific purposes outlined in Article 29 of PDPL, including:

  • Performance of Agreements: Fulfilling international agreements involving Saudi Arabia.
  • Providing Services or Benefits: Offering services directly benefiting the data subject.
  • Central Processing Operations: Necessary for a controller’s core activities.
  • Scientific Research: Conducting research or studies, provided it doesn’t harm national interests.

  Transfers must not compromise national security or the Kingdom’s vital interests unless they involve extreme necessity, such as protecting a data subject’s life.

   

• Risk Assessments

  Controllers must conduct a Transfer Impact Assessment (TIA) before transferring data outside Saudi Arabia, evaluating:

  • The purpose, legal basis, and nature of the transfer.
  • Safeguards in place to protect data.
  • Potential risks to data subjects, such as material or moral harm.
  • Minimization of data transferred to only what’s necessary.

  In February 2025, SDAIA introduced a Risk Assessment Guideline to assist businesses in this process.

• Data Minimization and Security

  Only the minimum necessary data should be transferred, and robust security measures (e.g., encryption, access controls) must be in place to protect data during transfer.

• Exceptions for Specific Cases

  Transfers are allowed without adequate protection or safeguards in limited cases, such as:

  • Protecting the data subject’s vital interests (e.g., life-saving medical treatment).
  • Public interest, national security, or crime investigation needs.
  • Fulfilling an agreement with the data subject.

  These exceptions still require compliance with PDPL’s overarching principles.