The European Union’s General Data Protection Regulation (GDPR) has set the global standard for data privacy laws, influencing numerous jurisdictions worldwide. One such law that has drawn clear parallels to the GDPR is Saudi Arabia’s Personal Data Protection Law (PDPL). Officially published in 2021 and fully effective from September 2023, the PDPL represents the Kingdom’s first comprehensive data protection framework.

Although it shares numerous similarities with the GDPR regarding underlying principles, there are distinct differences that organizations must address to ensure compliance.

This article provides a comprehensive comparison between the GDPR and Saudi Arabia’s PDPL, highlighting their similarities, differences, and implications for businesses operating under these legislations.

Key Similarities Between GDPR and PDPL

The GDPR and the PDPL share fundamental principles of data protection. The major similarities include:

1. Principles of Data Processing

Both regulations promote fairness, transparency, and purpose limitation while processing personal data. Organizations subject to these laws must ensure that personal data is collected for specific, legitimate purposes and processed lawfully.

2. Rights of Data Subjects

Both legislations grant data subjects rights over their personal data, such as:

• Right to access their information
• Right to correct inaccuracies
• Right to limit or object to processing
• Right to data portability (fully under GDPR and to some extent under PDPL)

3. Accountability and Compliance Requirements

Organizations processing personal data under either law must implement compliance measures, including:

• Maintaining data protection policies
• Conducting risk assessments
• Appointing Data Protection Officers (DPOs) in specific cases

4. Lawful Basis for Processing

Both regulations mandate organizations to establish a legal basis for data processing, such as:

• Consent
• Contractual requirements
• Compliance with a legal obligation
• Legitimate interest

Key Differences Between GDPR and PDPL

Despite their similarities, there are crucial differences between GDPR and PDPL that businesses must consider:

1. Implementation of Data Subject Rights

While both legislations provide similar rights, the PDPL lacks extensive guidelines on how these rights should be exercised in practice. Unlike GDPR, which has clear procedures and response deadlines, the PDPL remains more ambiguous regarding data subject requests.

2. Cross-Border Data Transfers

The PDPL imposes stricter limitations on transferring personal data abroad compared to the GDPR. Organizations seeking to transfer data outside Saudi Arabia must:

• Obtain regulatory approval OR
• Ensure the receiving country has adequate protection measures

In contrast, GDPR allows cross-border transfers if:

• The destination country ensures adequate protection
• Organizations implement safeguards such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs)

3. Consent as a Primary Basis for Processing

The PDPL places a stronger emphasis on consent as the main legal basis for processing personal data.

• GDPR allows multiple legal bases (legitimate interest, contractual necessity, etc.) in addition to consent.
• The PDPL prioritizes express consent, making compliance more restrictive for businesses operating in Saudi Arabia.

4. Data Controllers’ Registration Requirements

Under PDPL, data controllers must register with the Saudi Data & Artificial Intelligence Authority (SDAIA) and comply with additional obligations.

• GDPR does not mandate central registration for data controllers. Instead, organizations are encouraged to keep internal records of data processing activities.

5. Enforcement and Penalties

Both laws impose severe penalties for non-compliance, but GDPR has a clear fine structure:

• Up to 4% of annual global turnover or €20 million, whichever is greater.

The PDPL lacks defined penalty structures, making enforcement mechanisms and specific fine amounts less transparent compared to GDPR.

Implications for Businesses

For companies operating in both the EU and Saudi Arabia, understanding these differences and similarities is crucial for compliance.

Key takeaways for businesses:

• Cross-border data transfer rules under PDPL are stricter, requiring companies to adapt their data-sharing policies.
• Consent mechanisms must be more robust under PDPL due to its emphasis on express consent.
• Registration obligations under PDPL require data controllers to register with SDAIA.
• Privacy policies and data subject request handling should be structured to align with GDPR’s clear procedural guidelines while staying flexible for PDPL’s evolving enforcement landscape.

Conclusion

Saudi Arabia’s PDPL draws significant inspiration from GDPR, but there are key differences — particularly in data transfer restrictions, consent requirements, and regulatory obligations.

As organizations strive for compliance, staying updated on regulatory changes and adopting a proactive data governance approach will be critical to maintaining business continuity within these frameworks.

Since the PDPL is still evolving, businesses must closely monitor regulatory developments, as future updates and clarifications can be expected in the coming years.