Appointment of Data Protection Officers in Saudi Arabia: New SDAIA Requirements
With the publication of the Implementing Regulations to the Personal Data Protection Law (PDPL) through Administrative Decision No. 1516/1445, and the subsequent issuance of specific rules by the Saudi Data and Artificial Intelligence Authority (SDAIA) regarding the appointment of Data Protection Officers (DPOs), a core component of Saudi data protection law has now been clarified. While Art. 30 (2) PDPL already provided the general legal basis to require data controllers to appoint one or more persons responsible for data protection matters, the recently issued secondary regulations now provide concrete guidance on the exact conditions, responsibilities, and requirements related to the DPO function under Saudi law.
Requirements for the Obligation to Appoint a DPO
The obligation to appoint a DPO is determined on a risk-based assessment of the data processing activities. In particular, it applies to organizations whose core activities involve the systematic and large-scale processing of personal data. This includes operators of digital platforms, financial service providers, healthcare entities, and other data-driven business models. Furthermore, the appointment of a DPO is mandatory for organizations that process special categories of personal data, such as health data, biometric identifiers, genetic information, or religious beliefs. Public authorities and entities are also generally subject to this requirement. In addition, Art. 40 of the Implementing Regulations empowers SDAIA to require, on a case-by-case basis, the appointment of a DPO where it determines a heightened risk to the rights and freedoms of data subjects. The legal basis for this supervisory power is found in Art. 30(2) PDPL, which explicitly authorizes SDAIA to define the relevant criteria for such an obligation through implementing rules.
Qualification and Independence Requirements
The Implementing Regulations also outline specific qualification standards for DPOs. The individual must possess demonstrable expertise in data protection law and practices. A thorough understanding of the PDPL and its Executive Regulations is expected, as are knowledge of international standards — particularly the EU General Data Protection Regulation (GDPR) — and experience in data security and IT compliance. The DPO may be appointed internally from within the organization or externally through a specialized consultancy. In all cases, it must be ensured that the DPO can carry out their duties independently and free from conflicts of interest. This includes implementing internal measures to guarantee operational autonomy and a direct reporting line to the organization’s top management. Art. 43 and 44 of the Implementing Regulations explicitly emphasize the protective role of the DPO and their function as an internal supervisory body in all matters concerning data protection compliance.
Scope of Duties and Role within the Organization
The DPO is closely integrated into the organization’s data protection governance structure. They are responsible for monitoring compliance with the PDPL and related regulations and for ensuring practical implementation of data protection obligations across the organization. Core duties include advising management on data protection matters, overseeing data protection impact assessments for high-risk processing activities, training staff, and acting as the primary point of contact for the SDAIA. This includes supporting regulatory audits and responding to information requests. The DPO thus serves as a central figure both internally and externally. Art. 44 PDPL assigns the DPO a coordinating and advisory role, one that clearly exceeds a mere formal or symbolic function. Rather, it is a strategic position within the organization’s overall compliance and risk management framework.
Organizational Integration and Resources
Special attention is paid to how the DPO is integrated within the organization. Art. 45 of the Implementing Regulations mandates that data controllers provide their DPOs with the necessary means to effectively carry out their tasks. This includes sufficient staff, technical resources, and unrestricted access to all relevant information. The DPO must be involved early in all decisions involving the processing of personal data to ensure a proactive approach to compliance. Organizations must therefore ensure that the DPO is not merely reactive — called upon only in the case of violations—but instead plays an ongoing, preventive role in projects and decision-making processes.
Sanctions for Non-Compliance
Non-compliance with the obligation to appoint a DPO or the failure to adequately implement the associated organizational requirements may trigger significant legal consequences. Art. 41 PDPL and the corresponding provisions of the Executive Regulations stipulate that violations of the DPO rules may be subject to fines of up to five million Saudi Riyals — equivalent to approximately 1.2 million Euros. In cases of severe or repeated non-compliance, SDAIA may double the financial penalties at its discretion. Moreover, the Authority is empowered to impose additional administrative sanctions, such as restricting or suspending data processing activities, mandating the public disclosure of the violation, or — in the most serious cases — ordering the erasure of unlawfully processed data. These strict sanctions underscore the binding character of the new requirements and highlight the growing importance of data protection in the Saudi legal landscape.
Conclusion and Legal Assessment
Through the newly introduced rules on the appointment of Data Protection Officers, SDAIA has concretized one of the central governance mechanisms of the PDPL. The requirements closely follow international standards, especially those of the EU GDPR, while adapting them to the specific needs of the Saudi regulatory environment. Companies operating in the Kingdom are now obliged to review and align their internal data protection structures in light of these new rules. The appointment of a DPO is no longer a theoretical option but a concrete legal obligation based on the organization’s risk profile. Failure to comply with these obligations or to implement appropriate structures may result in considerable sanctions. Accordingly, appointing a qualified and operationally integrated DPO is not only a tool for legal compliance but a cornerstone of responsible, transparent, and trust-based personal data processing under Saudi law.
