Online Store Privacy Policy Under Saudi Arabia's Personal Data Protection Law (PDPL)
A privacy policy is not a formality but a compliance tool under the Personal Data Protection Law. We explain what it must include and how to apply it in practice in your store.
An online store's privacy policy is the document that tells customers what personal data the store collects, why it collects it, how it uses and protects it, and with whom it may share it. In Saudi Arabia, this policy draws its importance from the Personal Data Protection Law (PDPL), which requires entities that process personal data to be transparent and to respect the rights of data subjects. Its application is overseen by the Saudi Data and Artificial Intelligence Authority (SDAIA).
Does the Personal Data Protection Law Apply to My Store?
If your store collects any data that identifies a customer or makes it possible to identify them, the law will most likely apply to you. This includes:
- Name, mobile number and email address.
- Delivery address and geographic location.
- Order history and purchasing preferences.
- Technical data linked to the customer, such as cookies in some cases.
This is not limited to large stores; a small store that keeps customer details in a spreadsheet or a messaging app is also processing personal data.
Compliance becomes more important as the volume or sensitivity of the data increases, for example where a store collects health data or data relating to children, as additional controls may then apply and require particular care. It is therefore wise for store owners to start by understanding the type of data they process before writing any policy.
What Are the Key Elements of a Privacy Policy?
The policy should answer the following questions in clear, plain language:
- Who is responsible for the data? The name of the business and how to contact it about privacy.
- What data is collected? Distinguishing between what the customer provides and what is collected automatically.
- Why is it collected? For example, fulfilling orders, delivery, customer service and marketing.
- What is the legal basis for processing? Such as consent, performance of a contract or a legal obligation.
- Who is it shared with? Such as shipping companies, payment gateways and hosting providers.
- How long is it kept? And what happens to it once the purpose has ended.
- What rights does the customer have, and how can they exercise them?
- How is the data protected? With a general description of the security measures.
Which Customer Rights Must Be Included?
The law grants data subjects rights that the policy should reflect, together with a practical way to exercise them. The most important are:
- The right to be informed of the purpose of collecting their data and how it is processed.
- The right of access to their data and to obtain a copy of it.
- The right to request correction if the data is inaccurate or incomplete.
- The right to request destruction of the data once it is no longer needed, in line with the regulatory controls.
- The right to withdraw consent where consent is the basis for processing.
What About Marketing Messages and Transferring Data Abroad?
Marketing messages are one of the most sensitive areas: they must have a clear legal basis, and customers must be given an easy way to opt out. If customer data is stored or processed outside the Kingdom, for example through foreign hosting services or analytics tools, specific controls on transferring data outside the Kingdom may apply. It is advisable to review the regulations and guidance issued by SDAIA before adopting any arrangement of this kind.
What Are the Common Mistakes in Privacy Policies?
- Copying another store's policy, or a foreign policy that does not comply with Saudi law.
- Using vague wording that does not specify the data or purposes precisely.
- Writing a policy that does not match how the store actually operates.
- Failing to provide a clear channel for customers' requests about their data.
- Not updating the policy when new services or tools are added.
Remember that a written policy alone is not enough. Genuine compliance requires internal procedures that control who can access the data and how it is stored and deleted, and that deal with any potential data leak in accordance with the regulatory requirements.
How Do You Apply the Policy in Practice?
Once the policy is drafted, make sure it is reflected in the store's day-to-day operations:
- Map the data the store actually collects and where it is stored.
- Remove unnecessary fields from registration and order forms.
- Decide which employees are allowed to access customer data.
- Review your service providers' contracts to make sure they are committed to data protection.
- Prepare an internal template for responding to customer requests about their data.
Frequently Asked Questions
Q: Where should the privacy policy appear in my store? A: In a visible, easily accessible place, such as the website footer, the account registration page and the checkout page, so the customer sees it before providing their data.
Q: Is it enough for the customer to tick a box agreeing to the policy? A: Consent is one basis for processing, but it does not replace a clear policy or compliance with the other rights and obligations imposed by the law.
How Can We Help?
FATIMA AL ASMARI Law & Intellectual Property Company in Jeddah helps online store owners across the Kingdom draft privacy policies that comply with the Personal Data Protection Law and review all of their store documents. Explore our e-commerce legal services or book a consultation.
Legal sources
This article is for general awareness and is not legal advice.
