Overview
Risk Assessment Guideline for Transferring Personal Data Outside the Kingdom – Fourth: Guidelines for Identifying Factors Related to the Analysis of Implications for the Vital Interests of the Kingdom establishes a structured approach for evaluating whether cross-border transfers or disclosures of personal data may impact the Kingdom’s vital interests. This phase focuses on assessing the scale and nature of processing, the breadth of potential societal impact, and the adequacy of safeguards in place.
It ensures that where risks extend beyond individual data subjects and may affect public or national interests, controllers reassess processing necessity, apply stronger mitigation measures, or consider alternative approaches in line with the Personal Data Protection Law (PDPL).
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.
Fourth: The Guidelines for Identifying Factors Related to the Analysis of Implications for the Vital Interests of the Kingdom
This phase provides guidelines for identifying factors involved in analyzing the impact of transferring or disclosing personal data to entities outside the Kingdom, focusing on the implications for the Kingdom's vital interests as stated in Subparagraph (a) of Paragraph (2) of Article (29) of the Law (These guidelines may be applied to identify the elements associated with the application of paragraphs (1) and (2) of Article (XVI) of the Law).
After reviewing the impact assessment results for all activities across the specified stages and evaluating the risks associated with transfer or disclosure, the following considerations shall apply:
- The scope of processing, including the content of personal data, the number of data subjects, and their categories.
- The scope of the impact resulting from the transfer or disclosure of personal data to entities outside the Kingdom (whether limited to the personal data subjects, extending to family and friends, or reaching society at large).
- The adequacy of technical, organizational, and administrative measures and procedures taken to prevent or mitigate risks.
After completing all steps, reviewing the results, and implementing measures to mitigate, prevent, or reduce risks, the process continues. If the evaluation still indicates high levels of risk and irreversible impacts in the near term on the interests of individuals or the community, the controller should explore alternative methods. This may involve reassessing the necessity of the processing activity in its current form, considering its elimination or modification, or adopting more efficient and effective measures.
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 Vital Interests Assessment
This introductory provision establishes that the fourth phase of the risk assessment goes beyond individual or organizational risk and focuses on potential implications for the Kingdom’s vital interests. It clarifies that when personal data is transferred or disclosed outside the Kingdom, controllers must assess whether such activities could affect national, societal, or public interests, as referenced in Article (29)(2)(a) of the Law.
The provision also links this phase to earlier impact and risk assessment stages, making clear that the analysis is cumulative and must be informed by the results of prior assessments. By referencing Articles (29) and (XVI) of the Law, it confirms that this phase supports both transfer permissibility decisions and broader legal conditions governing processing activities. Only after completing and reviewing all prior assessment stages should controllers apply the specific considerations listed in this phase to determine whether the processing remains acceptable, requires further mitigation, or must be modified or discontinued.
