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The New Rules of Technology
This edition of Law Update looks at how technology is changing the legal questions businesses are facing across the region. From AI and deepfakes to cyber incidents, cloud services, data protection and digital assets, our lawyers examine where the risks are emerging and how regulators are responding.
The edition also brings together recent legislative developments and significant court decisions from across the UAE and Saudi Arabia, with a closer look at what they mean in practice for businesses operating in the region.
Law No. (30) of 2018 promulgating the Personal Data Protection Law (“PDPL”) comes into force on Thursday, 1 August. This means that companies with a place of business in the Kingdom of Bahrain (and companies who process data using means available in the Kingdom) who process personal data need to start complying with the PDPL now.
Having said that, some clarification is needed as currently not all provisions of the PDPL will be effective straight away. This is because under the resolution issuing the PDPL, it is provided that Board of Directors of the Personal Data Protection Authority (“Authority”), will issue the necessary decisions for the implementation of the provisions of the PDPL. However, as it currently stands, the Authority has not yet been established and no implementing regulations have been issued.
Consequently, there are many provisions of the PDPL, including importantly the need to notify the Authority before processing personal data under Article 14, which will not actually be implemented immediately (as there has been no decisions on the necessary rules and procedures).
Nevertheless this does not mean the PDPL will not have legal effect right away. There are provisions of the PDPL that do not require the implementing regulations to be effective. These include:
Although there may not be criminal liability for breaching these provisions, anyone who suffers damage arising from the processing of their personal data in breach of the PDPL is entitled to payment of compensation repairing the damage under Article 57 of the PDPL. This right to compensation appears to come into effect on 1 August.
There are also criminal penalties under Article 58 of the PDPL that do not require implementing regulations. These are:
The penalty in each case is imprisonment for a period not exceeding one year and/or a fine of not less than BHD1,000 and not exceeding BHD20,000. As these are criminal matters, the public prosecutor can take action in the absence of the Authority.
Consequently, although it is not fully implemented, the PDPL does come into force from Thursday, 1 August 2019, and companies processing personal data in Bahrain need to comply with the provisions of the PDPL that are effective from that date.
Al Tamimi’s specialist TMT lawyers and members of our Bahrain office can assist you with the necessary steps you need to take to comply with the new law. For more details on our offering and how we can assist you, please contact us at dataprotection@tamimi.com.
Andrew Fawcett
Senior Counsel, TMT
a.fawcett@tamimi.com
Foutoun Hajjar
Partner, Head of Office – Bahrain
f.hajjar@tamimi.com
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