KSA PDPL » Standard Contractual Clauses (SCCs) For Personal Data Transfer – Introduction

Standard Contractual Clauses (SCCs) For Personal Data Transfer – Introduction

This article is verified from SDAIA
halaprivacy.com
Athif Mohammed
Published: November 16, 2025
Updated: December 23, 2025

Overview

Standard Contractual Clauses For Personal Data Transfer – Introduction explains the legal foundation and regulatory purpose of the Saudi Standard Contractual Clauses (SCCs) for transferring Personal Data outside the Kingdom. Issued under the Saudi Personal Data Protection Law (PDPL) and the Regulation on the Transfer of Personal Data Outside the Kingdom, the SCCs provide a mandatory contractual safeguard to ensure that Personal Data transferred abroad continues to receive an adequate and enforceable level of protection.

The Introduction clarifies when SCCs apply, how they interact with Article 29(2) of the PDPL‘s cross-border transfer requirements, and their role in enabling lawful international data transfers while maintaining SDAIA oversight and accountability.

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 Clauses 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 subparagraphs (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 SCC Framework

This Introduction establishes that the SCCs are not optional contractual templates but a regulatory mechanism issued under the PDPL to operationalize lawful cross-border transfers. Their primary function is to bridge differences in legal protection between Saudi Arabia and recipient jurisdictions, ensuring that transferred Personal Data remains protected at a level consistent with Saudi law.

Legal Basis Under PDPL and Transfer Regulation

The SCCs derive their authority directly from the PDPL and its amendments, as well as from the Regulation on the Transfer of Personal Data Outside the Kingdom. They specifically address situations referenced in PDPL Article 29 where Controllers may be permitted to transfer Personal Data abroad, subject to safeguards, conditions, and enforceable obligations imposed on the data recipient.

Application in Exemption Scenarios

The Introduction clarifies that SCCs also apply in scenarios where Controllers are exempted from certain adequacy or minimum protection assessments under Article 29(2)(B) and (C). In such cases, SCCs function as a compensatory safeguard, contractually imposing protection, security, and compliance obligations even when the recipient jurisdiction does not provide equivalent statutory protection.

Role in Transfer Governance and Accountability

By anchoring transfers to standardized clauses approved by the Competent Authority, the SCC framework ensures traceability, enforceability, and regulatory oversight. Controllers remain accountable for the transfer, while recipients are contractually bound to comply with Saudi PDPL standards, enabling SDAIA to assess compliance, investigate violations, and enforce corrective measures where required.

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