Transfer of personal data in Saudi Arabia
There are detailed rules relating to the transfer of personal data outside of KSA. The PDPL allows for the transfer of personal data outside of KSA for several purposes (for example, if such action is taken to meet an obligation to which the data subject is a party) and subject to various conditions (for example, the transfer or disclosure must not compromise the national security or vital interests of KSA and be limited to the minimum amount of personal data needed).
Subject to such requirements and conditions, the Transfer Regulations have introduced a number of circumstances where a cross border transfer of personal data is permissible. This includes to countries with appropriate levels of protection and no less than the protections afforded under the PDPL.
However, transfers of personal data to countries which are not deemed as having an adequate level of protection may still be made where "appropriate safeguards" are put in place. If the data controller is unable to use any of the appropriate safeguards, there are still limited cases where cross border transfers are permissible. Such transfers are still however subject to various controls.
In certain contexts or sectors, specific approvals may be required – for example, in a banking context, approval from the Saudi Central Bank. Data held by telecommunications, postal and IT service providers or government agencies may also be subject to additional restrictions.
