KSAPDPL.COM

Table of Contents

Regulation on Personal Data Transfer Outside the Kingdom Article 1 – Definitions
Regulation on Personal Data Transfer Outside the Kingdom Article 2 – Other Purposes for Transferring or Disclosing Personal Data to Entities Outside the Kingdom
Regulation on Personal Data Transfer Outside the Kingdom Article 3 – Procedures and Standards for Evaluating the Level of Personal Data Protection Outside the Kingdom
Regulation on Personal Data Transfer Outside the Kingdom Article 4 – Cases in Which Controllers Are Exempt from the Requirements to Comply with the Appropriate Level of Protection and the Minimum Transfer of Personal Data
Regulation on Personal Data Transfer Outside the Kingdom Article 5 – Subsequent Transfer of Personal Data
Regulation on Personal Data Transfer Outside the Kingdom Article 6 – Revocation of Exemption
Regulation on Personal Data Transfer Outside the Kingdom Article 7 – Risk Assessment of Transferring or Disclosing Personal Data to a Party Outside the Kingdom
Regulation on Personal Data Transfer Outside the Kingdom Article 8 – Guides and Guidelines
Regulation on Personal Data Transfer Outside the Kingdom Article 9 – Enforcement

Regulation on Personal Data Transfer Outside the Kingdom Article 1 – Definitions

Overview

Regulation on Personal Data Transfer Outside the Kingdom Article 1 establishes the formal definitions that apply to cross-border personal data transfers under the Saudi Personal Data Protection Law (PDPL). This Article anchors the interpretation of transfer-related concepts such as appropriate safeguards, Standard Contractual Clauses (SCCs), Binding Common Rules (BCRs), and operational processes, ensuring consistent application of PDPL requirements when personal data is transferred or disclosed outside the Kingdom of Saudi Arabia.

These definitions must be read in alignment with PDPL Article 1 and apply throughout the Transfer Regulation unless the context requires otherwise.

SDAIA's Official Text

The text below reproduces official PDPL law, regulation, or guideline issued by the Saudi Data & AI Authority, verified against the original SDAIA source. No changes or reinterpretation applied.

Article 1: Definitions

The terms and phrases used in this Regulation shall have the meanings assigned to them in Article (1) of the Personal Data Protection Law issued pursuant to Royal Decree No. (M/19) dated 9/2/1443 AH and its amendments. The following terms and phrases- wherever used in this Regulation- shall have the meanings assigned to them, unless the context requires otherwise:

  1. Regulation: The implementing Regulation for Personal Data Transfer outside the Kingdom.

  2. Appropriate Safeguards: The requirements imposed by the competent authority on controllers, which include adherence to the Law and Regulations when transferring or disclosing personal data to entities outside the Kingdom. This applies in cases where exemptions are granted from the conditions for providing an appropriate or minimum level of personal data protection, to ensure appropriate level of protection when transferring personal data outside the Kingdom that meets at least the standards prescribed by the Law and Regulations.

  3. Operational Processes: A set of procedures related to the operational processes essential for the controller's activities, including human resources operations, billing, accounting, and other workflow-related procedures.

  4. Standard Contractual Clauses: Mandatory provisions governing the transfer of personal data outside the Kingdom that ensure appropriate level of protection for such data not less than the standard prescribed by the Law and Regulations. These provisions are in accordance with a standard form issued by the competent authority.

  5. Binding Common Rules: Rules established by the controller, applicable to each controller and processing party within a group of multinational entities, ensure appropriate protection for personal data transferred outside the Kingdom at a level not less than that prescribed by the Law and Regulations.

Plain-Language Explanation

The explanation below is provided to help you understand the SDAIA’s legal text and does not replace or override the official PDPL law, regulation, or guideline.

Article 1

This provision confirms that all undefined terms used in the Transfer Regulation inherit their meaning directly from Article 1 of the Personal Data Protection Law (PDPL). This ensures legal consistency across the PDPL framework and prevents conflicting interpretations between the Law, the Implementing Regulation, and the Transfer Regulation.

Article 1(1)

Regulation

This definition clarifies that references to the Regulation throughout the text specifically relate to the Regulation governing Personal Data Transfer Outside the Kingdom. It limits the scope of interpretation to cross border transfer requirements rather than general PDPL obligations.

Article 1(2)

Appropriate Safeguards

This provision defines appropriate safeguards as mandatory conditions imposed by the competent authority to ensure that personal data transferred outside the Kingdom continues to receive protection equivalent to PDPL standards. It applies particularly where exemptions or special transfer conditions are permitted, ensuring that such transfers do not reduce the level of protection afforded to personal data.

Article 1(3)

Operational Processes

This definition clarifies that operational processes include internal business functions necessary for a controller’s day to day activities. These processes may involve cross border data flows that are incidental to operations such as human resources, billing, accounting, and internal workflows, and are therefore relevant to transfer assessments.

Article 1(4)

Standard Contractual Clauses (SCCs)

This provision defines standard contractual clauses as mandatory contractual safeguards approved by the competent authority. These clauses must be used when transferring personal data outside the Kingdom to ensure that the recipient provides a level of protection not less than that required under the PDPL and its Regulations.

Article 1(5)

Binding Common Rules (BCR)

This definition establishes binding common rules as internal rules adopted by multinational groups to govern intra group transfers of personal data outside the Kingdom. These rules must ensure that personal data transferred within the group is protected at a level equivalent to PDPL requirements.

Saudi Personal Data Protection Law Compliance Services (KSA PDPL)

KSA PDPL Compliance Implementation

Achieve PDPL Compliance in 4 weeks or less.

Data Protection Officer As A Service (DPOaaS)

Let us handle your daily PDPL Compliance Operations.

KSA PDPL Compliance Audit (External)

Audit your PDPL compliance obligations.

Scroll to Top