Overview
Guidelines for Binding Common Rules (BCR) for Personal Data Transfer – Introduction establishes a lawful and structured mechanism for transferring personal data outside the Kingdom of Saudi Arabia (KSA) within corporate groups, in cases where Controllers rely on exemptions under Article 29(2)(b) and (c) of the Saudi Personal Data Protection Law (PDPL).
Issued by SDAIA under the Saudi Personal Data Protection Law (PDPL) and the Transfer Regulation, these Guidelines explain how Binding Common Rules may be used as an approved safeguard under Article 29 of the PDPL. They clarify when BCRs are permitted, how they interact with exemption scenarios, and the conditions Controllers must meet to ensure that cross-border personal data transfers maintain protection standards equivalent to those required inside the Kingdom.
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.
Introduction
Based on the Personal Data Protection Law, issued by Royal Decree No. (M/19) dated 9/2/1443 AH (the "Law") and amended by Royal Decree No. (M/148) dated 5/9/1444 AH, and its contents on the permissibility of transferring Personal Data outside the Kingdom. The Regulation on the Transfer of Personal Data Outside the Kingdom ("Transfer Regulation") sets out the provisions to be followed upon transfer, including the Rules applied in cases where Controllers are exempted from the requirements to comply with the level of protection and the minimum level of transfer of Personal Data stipulated in sub-paragraphs (b) and (c) of Paragraph (2) of Article (29) of the Law and provisions of the Regulation on the Transfer of Personal Data Outside the Kingdom.
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.
Purpose of the Guideline
These Guidelines are issued to operationalize the cross-border transfer framework established under the Personal Data Protection Law (PDPL) and its Implementing and Transfer Regulations.
They specifically address scenarios where personal data is transferred outside the Kingdom based on Binding Common Rules, rather than adequacy decisions or other transfer mechanisms.
Legal Basis Under the PDPL
The Guidelines are grounded in Article 29 of the Personal Data Protection Law, which regulates the transfer of personal data outside the Kingdom.
Article 29 allows such transfers only where appropriate safeguards are in place, or where specific exemptions apply. Binding Common Rules are recognized within this framework as an internal, legally binding mechanism capable of providing protection equivalent to PDPL standards.
Relationship With the Transfer Regulation
The Regulation on the Transfer of Personal Data Outside the Kingdom sets out detailed procedural and substantive requirements for international data transfers.
These Guidelines complement that Regulation by clarifying how BCRs may be used in cases where Controllers are exempted from the obligation to ensure adequacy or minimum protection levels under Article 29(2)(b) and (c). They ensure that even in exemption scenarios, personal data remains protected through enforceable internal rules.
Role of Binding Common Rules (BCR)
Binding Common Rules function as an internal governance framework that binds all relevant group entities, including Controllers and Processors, to consistent personal data protection obligations.
The Guidelines explain that BCRs must provide safeguards that are not less than those prescribed by the PDPL and its Regulations, ensuring continuity of protection when data moves across borders within the same corporate group.
Objective of Regulatory Clarity
By issuing these Guidelines, SDAIA aims to provide clarity, predictability, and consistency for organizations relying on Binding Common Rules for cross-border personal data transfers.
The Guidelines support lawful international operations while preserving the rights and interests of Data Subjects and maintaining regulatory oversight over personal data transferred outside the Kingdom.
