The Extra-Territorial Effect of the Saudi Data Protection Law and the EUGDPR-A Comparative Analysis
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Abstract
The primary aim of promulgating the General Data Protection Regulation (GDPR) was to establish a suitable privacy deterrent for individuals’ rights across the EU. Therefore, a substantial obstacle to conformity for overseas businesses that process the personal data of European Union citizens and expatriates is addressed through this enactment. This article highlights the new norms governing the extraterritorial realms of securing sensitive data and explains the principles of data protection. In addition, it examines the scope of the GDPR's application, highlighting its territorial reach and the entities to which the law applies. Furthermore, this highlights the impact of GDPR on international law, encompassing subsequent jurisdictions. Qualitative research methodology employs document analysis from various data sources throughout the development of this article. Those sources include regulations, conventions, books, journal articles, etc. Hitherto, the article explores the significance of data privacy. In the digital age, exploring personal data protection law in Saudi Arabia is timely and essential. This law is designed to protect the privacy and rights of individuals, ensuring that their personal information is collected, processed, and stored in a lawful and transparent manner. This article examines the specific provisions, extraterritorial aspects, and implications of the Personal Data Protection Law (PDPL) 2021, with a focus on its alignment with Shariah principles. Additionally, it highlights the significant role played by the Saudi Data and Artificial Intelligence Authority (SDAIA), mainly through the National Data Management Office, in safeguarding personal data. By thoughtfully comparing Saudi policies to the European Union’s General Data Protection Regulation (GDPR), we also identify areas for improvement. The insights provided here aim to assist Saudi legislators in reevaluating the Personal Data Protection Law and encourage the development of proactive strategies to address and manage data incidents and breaches. Fulfilling trust and security for all citizens is vital to enhancing commitment to privacy in the rapidly evolving digital landscape.
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