RegulationonPersonalDataEN
Art. 4Status unknownSaudi ArabiaRegulation
Issued by Saudi Data & AI Authority / NDMO
the Requirements to Comply with the Appropriate Level of
Protection and the Minimum Transfer of Personal Data
In accordance with the cases of exemption specified in paragraph (2) of
this Article, the controller shall implement the following appropriate safeguards:
A. Standard contractual clauses.
B. Binding common rules.
C. Certificate of accreditation.
The controller is exempt from the two conditions required for transferring
or disclosing personal data to a party outside the Kingdom, as stipulated in
paragraphs (b) and (c) of paragraph (2) of Article (29) of the Law, or either of them.
However, the transfer or disclosure of personal data to a party outside the
Kingdom shall still be subject to appropriate safeguards in the following cases:
A. If the transfer or disclosure of personal data is to be made between public
bodies to implement an agreement to which the Kingdom is a party or to
serve its interests, the controllers must include standard provisions for the
protection of personal data in the relevant agreements or memoranda of
understanding.
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B. If the transfer or disclosure is non-recurring or for a limited period and
involves a limited number of data subjects, the controller must comply with
the standard contractual clauses. Alternatively, if the transfer or disclosure
is made to a body that has received an approval certificate from an entity
licensed by the competent authority and the data is not sensitive.
C. If the transfer or disclosure of personal data is necessary to perform central
operations and the controller is part of a group of multinational entities, the
controller and its affiliates must comply with binding common rules or
standard contractual clauses that ensure adherence to the requirements
stipulated by the Law and Regulations. Alternatively, the entity to which the
personal data will be transferred or disclosed must obtain a certificate of
approval issued by a body licensed by the competent authority.
D. If the transfer or disclosure is made to provide a service or benefit directly
to the data subject in a manner that does not violate their expectations or
conflict with their interests, and if the transfer or disclosure is to a party that
has received an approval certificate from a body licensed by the competent
authority, provided that the data must not be sensitive.
E. If the transfer or disclosure of personal data is necessary for conducting
scientific research and studies, it must be limited to the minimum amount
of data required. The controller must either comply with standard
contractual clauses or ensure that the transfer or disclosure is made to a
body that has received an approval certificate from an entity licensed by the
competent authority, provided that the data must not be sensitive.
Appropriate safeguards must ensure that controllers comply with the
provisions set out in the Law and its Regulations, as well as protect the rights of
personal data subjects, including the right to file a complaint with the competent
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authority and to seek compensation for any damage caused by violations of these
rights.
The competent authority may review the adequacy of the appropriate
safeguards specified for each exemption case outlined in paragraph (2) of this
Article, and may amend them every two years or as necessary.
The Arabic text is the legally binding version. The English translation is provided for guidance only.
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