March 20th, 2025 Legal Updates

Risk Assessment Guideline for Transferring Personal Data Outside KSA: Key Updates

On February 2025 the Saudi Data & AI Authority (SDAIA) released the Risk Assessment Guidelines for Transferring Personal Data Outside Saudi Arabia. These guidelines provide a structured framework to assess the risks associated with transferring personal data outside the Kingdom, ensuring compliance with the Personal Data Protection Law (PDPL). While it is intended for reference purposes and is not legally binding, it serves as a useful resource for businesses handling personal data.

Saudi Arabia’s Personal Data Protection Law (PDPL), issued by Royal Decree No. (M/19), is central to ensuring the privacy and security of personal data. The Risk Assessment Guidelines is designed to support the PDPL by helping businesses assess risks when transferring personal data outside the Kingdom. Given the increasing global movement of data, businesses must be vigilant about their compliance with these laws and the security of data during such transfers.

SDAIA’s new guidelines is particularly relevant as it helps businesses navigate the complexities of cross-border data transfers, ensuring alignment with Vision 2030, which prioritizes digital transformation and robust data protection practices.

The Risk Assessment Guidelines have significant implications for businesses that handle personal data. It provides a clear methodology for evaluating the risks associated with transferring personal data outside Saudi Arabia, ensuring that organizations meet the standards of the PDPL. By following the framework outlined in the guidelines, businesses can assess potential threats and vulnerabilities related to privacy and data security during international transfers.

This approach is critical in safeguarding personal data from unauthorized access, misuse, or breaches that could compromise individual privacy and national security. Additionally, it ensures that companies remain compliant with legal obligations, thus avoiding penalties and protecting their reputation.

To ensure compliance with the Risk Assessment Guidelines, businesses should take the following steps:
  1. Assess the Necessity of Cross-Border Data Transfers: Ensure that any data transfer outside Saudi Arabia is justified and proportional to the purpose of the transfer.
  2. Evaluate the Receiving Entity’s Compliance: Verify that the data recipient complies with the PDPL and has robust data protection policies and infrastructure in place.
  3. Implement Security Measures: Employ strong security measures like encryption, multi-factor authentication, and access control to protect personal data during the transfer.
  4. Adopt Additional Safeguards: If the receiving country does not meet Saudi Arabia’s data protection standards, implement additional safeguards such as contractual clauses or data anonymization techniques.
  5. Regularly Monitor and Review: Continuously assess data protection practices to stay updated on evolving risks and compliance requirements.
Conclusion:

The Risk Assessment Guidelines for Transferring Personal Data Outside KSA is a crucial resource for businesses involved in international data transfers. By following the structured risk assessment approach, organizations can safeguard personal data and ensure compliance with the PDPL. This proactive approach to data protection will help businesses minimize risks, avoid penalties, and enhance trust with clients and stakeholders. For further assistance on navigating cross-border data transfer regulations, businesses are encouraged to consult with GLA & Company.

How GLA can help

GLA & Company is committed to supporting businesses in navigating the complexities of cross-border data transfers and ensuring compliance with Saudi Arabia’s Personal Data Protection Law (PDPL) and the Risk Assessment Guidelines. Our team of experts provides tailored solutions, including compliance audits, In-house educational seminars, risk assessments, and the implementation of robust data protection measures. We assist organizations in evaluating the requirements of data transfers, assessing recipient compliance, and implementing security safeguards to mitigate risks.

Stay Updated

Stay ahead of the curve with our comprehensive Monthly Newsletter designed to keep you informed about the latest industry developments and trends, as well as access to our comparative Practice guides. We've got you and the MENA Region covered, Subscribe now!

Subscribe Now