KSA PDPL » Saudi PDPL Article 41 – Duty of Confidentiality After Exit

Saudi PDPL Article 41 – Duty of Confidentiality After Exit

This article is verified from SDAIA
halaprivacy.com
Athif Mohammed
Published: November 10, 2025
Updated: January 11, 2026

Overview

Saudi Personal Data Protection Law (KSA PDPL) Article 41 establishes that the duty to maintain the confidentiality of personal data continues even after a person’s employment, contractual engagement, or service relationship ends. Anyone who accessed personal data as part of their role remains legally obligated to protect its confidentiality after leaving the position that granted them access.

This ongoing obligation strengthens long-term data protection under the Personal Data Protection Law (PDPL), ensuring that personal data is safeguarded throughout the full lifecycle of professional or contractual involvement. The duty prevents unauthorized disclosure or misuse of personal data once the individual exits their role with the controller or processor.

SDAIA's Official PDPL 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 41

Any person that engages in the Processing of Personal Data shall protect the confidentiality of the Personal Data even after the end of such person’s occupational or contractual relationship.

Plain-Language PDPL 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.

Confidentiality Beyond Exit

This provision confirms that any person who has processed or accessed personal data must continue protecting its confidentiality after their job, contract, or professional relationship ends. This obligation survives the termination of their role and ensures that personal data is not disclosed, shared, or misused once access rights no longer exist.

The duty is indefinite and follows the individual after their engagement concludes, reinforcing the PDPL’s emphasis on responsible handling of personal data across its entire lifecycle.

Frequently Asked Questions (FAQs)

Does the duty of confidentiality under the Saudi Personal Data Protection Law (KSA PDPL) continue after an employee leaves the organization?

Yes, Article 41 makes clear that confidentiality obligations continue even after exit. Former employees must not disclose or misuse any Personal Data they accessed while working for the entity.

If I leave a company, can I keep copies of documents that contain Personal Data?

No, retaining such documents would typically violate the ongoing duty of confidentiality. Former employees must return or delete anything containing Personal Data obtained during employment.

Does Article 41 apply only to full-time employees?

No, it can apply to anyone who previously had authorized access to Personal Data, including contractors, interns, and temporary staff. The key factor is access, not employment type.

Can a former employee discuss general work experience without breaching Article 41?

Yes, discussing job duties is acceptable as long as no Personal Data is disclosed. The duty targets information that identifies individuals.

Who is responsible if an ex-employee discloses Personal Data they obtained during their job?

The individual is responsible for their own breach, but the controller may still face scrutiny depending on how well access and offboarding controls were managed. Each situation is assessed separately.

Can a former employee use Personal Data they remember but did not physically take?

No, memory-based disclosure can still breach confidentiality. The duty applies to all forms of information obtained through the role, not just stored files.

Does Article 41 require employers to remind exiting staff about confidentiality?

The article does not specify a process, though it is common practice to provide reminders during offboarding. Clear communication helps reduce the risk of violations.

If an employee moves to a competitor, does the confidentiality duty still apply?

Yes, the duty continues regardless of where the person goes next. They cannot share Personal Data with their new employer.

Can an employer take action against a former employee who violates Article 41?

Yes, employers can pursue internal or legal remedies. The appropriate action depends on the nature of the breach and other applicable laws.

Is it a breach if a former employee accidentally mentions a customer name in conversation?

It can be, because Personal Data remains protected after exit. The intent may influence consequences, but the duty still applies.

Do NDA agreements replace the duty under Article 41?

No, NDAs may strengthen obligations, but Article 41 imposes its own confidentiality duty under the KSA PDPL. Both can apply at the same time.

What is the most common misconception about Article 41?

Many assume the duty ends when employment ends. In reality, the obligation continues indefinitely regarding any Personal Data accessed during the role.