Overview
Saudi Personal Data Protection Law (KSA PDPL) Article 40 grants individuals the legal right to claim compensation if they suffer material or moral harm due to a violation of the Personal Data Protection Law (PDPL) or its Implementing Regulations. This includes harm caused by unlawful disclosure, improper processing, or any violation that results in damage.
The Article enables harmed individuals to file a claim before a competent court, which will examine the case, determine liability, and award proportionate compensation. This right operates independently of any penalties imposed under the PDPL, ensuring full accountability for unlawful processing and comprehensive redress for affected individuals.
Saudi PDPL Article 40
Without prejudice to the penalties stated in this Law, any individual that suffers a damage as a result of any of the violations stated in this Law or the Regulations may apply to a competent court for proportionate compensation for the material or moral damage.
Explanation of Saudi PDPL Article 40
Seek Proportionate Compensation
This provision establishes that any individual who suffers harm, financial, emotional, or reputational, because of a PDPL violation may file a compensation claim before a competent court. The court will determine proportionate compensation based on the extent of the material or moral harm suffered.
This right applies even when administrative or criminal penalties have already been imposed on the controller or processor, ensuring individuals receive full redress for the consequences of improper processing.
