Overview
Saudi Personal Data Protection Law (KSA PDPL) Article 38 empowers the competent court to confiscate any financial gains obtained unlawfully through violations of the Personal Data Protection Law. It also authorizes the public disclosure of final judgments, allowing courts or the enforcement committee to publish a summary of the violation in local newspapers or other approved channels once all appeals are exhausted.
This Article reinforces deterrence by combining financial penalties with reputational impact. By making violations public, it strengthens accountability, discourages repeated offenses, and promotes transparency within the Kingdom’s data protection ecosystem.
Saudi PDPL Article 38
- Without prejudice to the rights of bona fide third parties, the competent court may order the confiscation of funds obtained as a result of committing the violations stipulated in the Law.
- The competent court, or the committee referred to in paragraph (2) of Article (36), as the case may be, may include in their penalty judgment or decision a provision that a summary of such judgment or decision shall be published at the expense of the violator in one (or more) local newspapers distributed in their area of residence, or using any other proper means. This is based on the type, seriousness and impact of the violation; provided that the publishing shall be after the judgment becomes final, the lapse of the deadline for appeals, or the issuance of a final ruling dismissing the appeal against the judgement.
Explanation of Saudi PDPL Article 38
Article 38(1)
Illegal Gains Confiscated
Article 38(2)
Judgment Publication Authorized
This provision allows the competent court, or the Article 36 enforcement committee, to order the publication of a summary of the final judgment. This publication may appear in local newspapers or any other appropriate medium, and the violator must bear the cost.
Publication may only occur after the judgment becomes final, appeal periods expire, or an appeal is finally dismissed. This is intended to promote accountability and deter future violations.
