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Data Protection Contract

Data Protection Contract Template for Saudi Arabia

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Key Requirements PROMPT example:

Data Protection Contract

"I need a Data Protection Contract for my financial technology company based in Riyadh that will be processing customer payment data through a third-party cloud service provider starting March 2025, with particular attention to cross-border data transfers to the UAE."

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Document background
The Data Protection Contract is essential for organizations processing personal data in Saudi Arabia, becoming particularly crucial following the implementation of the Personal Data Protection Law (PDPL) in 2022. This contract type is required whenever an organization (data controller) engages another party (data processor) to process personal data on its behalf. It ensures compliance with Saudi Arabian data protection regulations, including PDPL requirements, NDMO guidelines, and cybersecurity standards. The document covers critical aspects such as data processing scope, security measures, breach notifications, and data subject rights, while incorporating specific Saudi Arabian legal requirements and Sharia principles. It's particularly important for cross-border data transfers and when dealing with sensitive personal information, serving as a key compliance document for organizations operating in or processing data within Saudi Arabia.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their registered details and representatives

2. Background: Context of the data processing relationship and purpose of the agreement

3. Definitions: Definitions of key terms including Personal Data, Processing, Data Subject, Controller, Processor, and other relevant terms as per PDPL

4. Scope and Purpose of Processing: Detailed description of the data processing activities, types of data, and purposes

5. Data Controller Obligations: Responsibilities and obligations of the data controller under PDPL and other applicable laws

6. Data Processor Obligations: Detailed processor obligations including processing only on documented instructions, confidentiality, and security measures

7. Security Measures: Technical and organizational security measures required to protect personal data

8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under PDPL

9. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches

10. Confidentiality: Confidentiality obligations regarding processed data and business information

11. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance

12. Term and Termination: Duration of the agreement and termination provisions

13. Data Return and Deletion: Obligations regarding data handling upon contract termination

14. Liability and Indemnities: Allocation of liability and indemnification provisions

15. General Provisions: Standard contract clauses including governing law, jurisdiction, and dispute resolution

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside Saudi Arabia, detailing compliance with NDMO requirements

2. Sub-processing: Include when the processor may engage sub-processors, detailing requirements for approval and obligations

3. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)

4. Data Protection Impact Assessment: Include when processing involves high risks to data subjects

5. Insurance Requirements: Specific insurance obligations for high-risk processing activities

6. Business Continuity: Details of business continuity and disaster recovery requirements for critical processing

7. Special Categories of Personal Data: Additional provisions when processing sensitive personal data under PDPL

Suggested Schedules

1. Description of Processing Activities: Detailed description of processing activities, categories of data subjects, and types of personal data

2. Technical and Organizational Security Measures: Detailed security requirements and standards to be maintained

3. Approved Sub-processors: List of approved sub-processors and their processing activities

4. Data Transfer Mechanisms: Details of mechanisms used for international data transfers if applicable

5. Service Level Agreement: Performance metrics and service levels for data processing activities

6. Contact Details and Escalation Procedures: Key contacts and procedures for operational and emergency communications

7. Data Retention Schedule: Specific retention periods for different categories of data

8. Compliance Checklist: Checklist of compliance requirements under PDPL and other applicable regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Data Protection Laws
Authorized Personnel
Breach Notification
Business Day
Confidential Information
Consent
Controller
Cross-border Transfer
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
Electronic Data
Force Majeure
Good Industry Practice
Information Security Incident
International Transfer
Material Breach
NDMO
Personal Data
Personal Data Breach
PDPL
Processing
Processor
Regulatory Authority
Sensitive Personal Data
Services
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Mechanism
Authorized Jurisdiction
Compliance Documentation
Data Minimization
Data Protection Legislation
Data Retention Period
Documentation
Effective Date
Information Security Requirements
Notice
Privacy Notice
Records of Processing
Representatives
Security Measures
Special Categories of Personal Data
Supervisory Authority
Clauses
Interpretation
Scope of Processing
Controller Obligations
Processor Obligations
Data Security
Confidentiality
Data Subject Rights
Personal Data Breach
Audit Rights
Sub-processing
International Transfers
Compliance
Liability
Indemnification
Insurance
Term and Termination
Data Return and Deletion
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Costs
Counterparts
Data Protection Impact Assessment
Technical Requirements
Security Standards
Breach Notification
Record Keeping
Staff Training
Business Continuity
Service Levels
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Education

Government Services

Professional Services

Retail

Manufacturing

Insurance

Tourism and Hospitality

Real Estate

Transportation and Logistics

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Operations

Procurement

Privacy

Information Governance

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Information Security Manager

Privacy Manager

Operations Director

Chief Technology Officer

Procurement Manager

Contract Manager

Chief Legal Officer

Data Governance Manager

Industries
Personal Data Protection Law (PDPL): Saudi Arabia's primary data protection legislation that came into effect in 2022, governing the collection, processing, disclosure, and storage of personal data
Cloud Computing Regulatory Framework (CCRF): Regulations governing cloud computing services and data storage in Saudi Arabia, including requirements for data localization and security measures
Anti-Cyber Crime Law: Legislation dealing with cybersecurity breaches, unauthorized access to data, and penalties for data protection violations
Electronic Transactions Law: Governs electronic transactions and digital signatures, relevant for online data processing and transfer agreements
National Data Governance Regulations: Framework established by the National Data Management Office (NDMO) for data classification, storage, and transfer
Critical Systems and Networks Security Controls: Essential Cybersecurity Controls (ECC) established by the National Cybersecurity Authority for protecting sensitive data systems
Sharia Law Principles: Fundamental Islamic legal principles that govern contract formation and enforcement in Saudi Arabia, including concepts of good faith and fair dealing
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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