On 1 September 2024, the Saudi Data and AI Authority (SDAIA) published the Regulation on Personal Data Transfer Outside the Kingdom (“Data Transfer Regulations”), which amended the previous Transfer Regulations under the Personal Data Protection Law issued by Royal Decree No. (M/19) dated 9/2/1443 AH and amended by Royal Decree No. (M/148) dated 5/9/1444 AH (“PDPL”). SDAIA also published additional information on Standard Contractual Clauses and Binding Common Rules, two of the appropriate safeguards for transferring data outside of the Kingdom, as well as a number of PDPL-related rules and guidelines. A summary of our initial takeaways can be found below.
Over the past year, antitrust regulators in the Middle East have implemented significant changes to the local competition law regimes, with a new competition law coming into effect in the United Arab Emirates and substantial changes being made to the applicable merger control regimes in the Kingdom of Saudi Arabia (KSA) and Egypt. Competition law enforcement has also continued to intensify in the KSA and Egypt, as well as in other key emerging markets in the GCC. During this 2-hour seminar, we will provide an update on the latest key competition law developments and what to expect on the horizon as well as compliance tips and pointers.
The General Authority for Competition in Saudi Arabia has recently issued new guidelines aimed at promoting competition in the supply and sale of school uniforms and related items. The guidelines cover all relevant equipment, including school uniforms, desks, and chairs, among other necessary supplies. These guidelines are part of the Authority’s continued effort to enhance consumer protection in the Saudi market and Competition Law in Saudi Arabia.
On 6 August 2024, the Council of Ministers approved amendments to the Saudi Labor Law (the “Amendments”) which will come into force 180 days from publication of the Royal Decree in Umm Al Qura (the Official Gazette) which we expect within a fortnight.
The Ministry of Human Resources and Social Development circulated proposed amendments to these provisions for public consultation in 2020, and again in 2021. With wide labor market input, and extensive benchmarking studies of other countries’ labor laws and global practices, the Amendments aim to further align with Saudi Arabia’s Vision 2030 by creating a more attractive work environment for employees; enhancing job security; protecting both parties’ rights; developing human capital; and promoting training opportunities, among others.
The General Authority for Competition (“Authority”) recently published its annual report for 2023. This latest annual report indicates an unprecedented level of activity by the Authority and confirms the magnitude of the enforcement actions taken by the Authority to ensure compliance of the Competition Law in Saudi Arabia.
On 14 September 2023, the Personal Data Protection Law (PDPL) promulgated by Royal Decree No. M/19, dated 09/02/1443H, amended pursuant to Royal Decree No. M/148, dated 05/09/1444H, officially entered into force in the Kingdom of Saudi Arabia. While the PDPL came into force on 14 September 2023, organizations were afforded a further 12 Hijri months’ period from the date of entry into force to bring themselves into compliance with the PDPL (i.e., on or around 2 September 2024). There should have been no enforcement action during the intervening period.
On 3 May 2024, a new amendment to the Saudi Real Estate Transaction Tax (RETT) Regulations was published in Umm Al Qura pursuant to Ministerial Resolution No. (1-88-1445) dated 02/09/1455 AH.
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.
We are delighted to invite you to our Baker McKenzie Middle East Customs and Transfer Pricing Briefing.
Hosted at our Dubai International Financial Centre (DIFC) office on 12 October 2023 at 8:30 – 11:30 am GST, the session is designed to provide you with first-hand insights from our Middle East and international experts in the fields of Customs, Transfer Pricing and VAT.