On 1 November 2023, the Board of the General Authority for Competition announced that new financial thresholds would apply to determine whether a transaction is reportable to the Authority. By implementing such change, the aim of the Authority is to provide further clarity on the local nexus test required for a transaction to be notifiable to the Authority and to align the Saudi merger control regime further with international standards.
On 13 September 2023, the Communication Space & Technology Commission of Saudi Arabia proposed a draft law on Global Digital Content Safe Harbor. The proposed law is aimed at providing a legal framework for intermediary service providers hosting and transiting global digital content in Saudi Arabia in a way that ensures no objection, deletion or modification of content hosted in and accessible within the Kingdom. If adopted, the effect of the draft law may be significant as it seeks to create a more favorable environment for investment in the Kingdom’s digital economy, and it would align the local legal framework with the international best practices.
The Personal Data Protection Law of Saudi Arabia (“KSA”) was recently amended pursuant to Royal Decree No. M/148, dated 05/09/1444H (corresponding to 27 March 2023G) (“Amended PDPL”). These amendments were preceded by a public consultation launched by the Saudi Data and Artificial Intelligence Authority in late 2022.
The Amended PDPL expands the scope under which Controllers could collect personal data from third parties, and process it for purposes other than that for which it was originally collected. It also provides additional grounds for Controllers to disclose personal data, and introduces an updated regime for personal data transfers outside of KSA.
In this vlog series, our MENA team of cross-practice specialists provide a quick roundup of the latest legal and commercial developments in the region as well as insights to emerging challenges and opportunities, to guide you as you shape your organization’s business resilience and strategy in the medium and long term. In addition, our senior female lawyers from our BakerWomen Middle East team join the conversations and share their insights on business and inclusion issues and trends in the region, as together we look to build trust and well-being in a post-pandemic world.
On 20 November 2022, the Saudi Data and Artificial Intelligence Authority launched a public consultation on proposed amendments to the Personal Data Protection Law, promulgated by Royal Decree No. M/19, dated 09/02/1443H, which was originally published on 24 September 2021.
The public consultation will remain open up until 20 December 2022 and all organizations are invited to submit their comments by that date.
On 10 March 2022, the National Data Management Office (NDMO) published for consultation a draft of the executive regulations (“Regulations”) to the Personal Data Protection Law, promulgated by Royal Decree No. M/19, dated 09/02/1443H (PDPL). The consultation invites comments on the Regulations and will close on 25 March 2022. The timing suggests that the publication of the final version of the Regulations is likely to occur later than the previously advised date of 23 March 2022.
On 24 September 2021, the long anticipated Personal Data Protection Law, promulgated by Royal Decree No. M/19, dated 09/02/1443H (corresponding to 16 September 2021), was published in the Saudi Official Gazette. The Law was developed by the Saudi Data and Artificial Intelligence Authority, which will be the competent governmental authority to administer the Law for a period of two years but it may thereafter transfer such competence to the National Data Management Office.
Employers have been facing many difficult and untested employment law issues over the last year and a half with COVID-19 and the impact it is having on their business. One of the most critical of these issues is whether they can make vaccination compulsory for their employees. On 7 May 2021, the Saudi Ministry of Human Resources and Social Development (“MHRSD”) announced that it would be mandatory for public and private sector workers to be vaccinated in order to attend the workplace. On 18 May 2021, the Ministry of Interior (“MoI”) clarified that this mandate would come into force on 1 August 2021.
On 26 March 2021 Saudi Arabia’s long awaited Privatisation Law was published, promulgated by Council of Ministers’ Resolution No. 436 dated 3/8/1442H (corresponding to 16 March 2021) and Royal Decree M/63 dated 5/8/1442H (corresponding to 18 March 2021) (the “Privatisation Law”). The Privatisation Law will come into effect 120 days after publication, and will provide a transparent and flexible regulatory framework for the procurement and documentation of Public Private Partnership projects (“PPPs”) and existing asset privatisations (“Asset Privatisations”) in the Kingdom (“Privatisation Projects”).
The government has prepared urgent initiatives to support the private sector, especially small and medium enterprises (SMEs) and economic activities most affected by the pandemic. Generally speaking, it is providing exemptions and postponement of certain government dues (whose value is in excess of approximately SAR 70 billion) to provide liquidity…