Explanation
This article emphasizes the importance of ensuring that any third-party processors (companies or individuals who handle personal data on behalf of the Controller) meet the required legal standards for data protection. The Controller is responsible for choosing processors who can comply with the law and must actively monitor them to ensure ongoing compliance. The Controller remains fully accountable to the Data Subject (the person whose data is being processed) and the relevant authorities, even if they use a third-party processor.
This approach ensures that the Controller not only selects compliant processors but also actively monitors them to protect personal data, meeting KSA PDPL standards.
Key Points
- Processor Selection: Controllers must choose processors who offer the necessary data protection guarantees.
- Monitoring: Controllers must actively monitor the processor’s compliance with the law and regulations.
- Accountability: The Controller remains fully responsible for data protection, even when using a third-party processor.
- Subcontracting: Regulations will detail how subsequent contracts by processors should be handled.
- Compliance with Law: Processors must implement provisions of the PDPL and regulations.
General Activation Steps
- Assess Processor Capabilities: Ensure the processor has the necessary technical and organizational measures in place to comply with PDPL.
- Establish Written Contracts: Draft clear contracts detailing the processor’s responsibilities, including clauses related to data protection and compliance.
- Conduct Regular Audits: Implement regular audits and assessments to monitor the processor’s adherence to the PDPL.
- Subcontracting Rules: Ensure that any subsequent contracts or subcontractors are aligned with the PDPL.
- Document Compliance: Maintain thorough documentation of compliance measures and monitoring activities.
- Report to Authorities: If necessary, report compliance findings or breaches to the competent authority.
Use Cases
- Cloud Service Providers
- Use Case: A business using a cloud service provider (CSP) to store customer data (e.g., in AWS, Azure, or Google Cloud) must ensure the CSP adheres to the PDPL guidelines.
- Key Considerations: The business must verify that the cloud provider follows data privacy and security protocols, such as data encryption, access controls, and compliance with cross-border data transfer regulations.
- Compliance Responsibility: The business is responsible for ensuring the provider meets the standards set forth in the PDPL, particularly regarding data storage, access, and processing transparency.
- Outsourced IT Services
- Use Case: A company outsourcing its IT support services, including systems that process personal data (e.g., employee records, customer information), must ensure the service provider implements strong security measures, such as data masking, regular patch updates, and secure access management.
- Key Considerations: The business must perform due diligence on the vendor’s data protection practices, ensuring that they adhere to confidentiality agreements and data protection obligations under the PDPL.
- Compliance Responsibility: Regular audits and assessments should be conducted to verify that the outsourced IT vendor complies with the PDPL and maintains secure data handling practices.
- Marketing Agencies
- Use Case: A business engaging a marketing agency to execute personalized campaigns (e.g., targeted email marketing based on customer preferences) must ensure the agency complies with the PDPL regarding data usage and consent.
- Key Considerations: The company must ensure the agency has obtained the necessary consents from individuals for using their personal data, has implemented anonymization or pseudonymization techniques when appropriate, and ensures secure handling of customer information.
- Compliance Responsibility: The business must monitor the agency’s data handling practices to ensure compliance with PDPL requirements, particularly around consent management and data security.
Dependencies
- Regulatory Framework: Compliance with PDPL provisions and any additional regulations set by the government.
- Data Protection Policies: The Controller must have internal policies and frameworks to ensure compliance is upheld by all processors.
- Contracts and Legal Agreements: The legal agreements between the Controller and processor must cover data protection responsibilities.
- Monitoring Mechanisms: Systems for regularly checking and reporting processor compliance, including audits and reviews.
Tools/Technologies
- Data Protection Management Software: Tools like OneTrust or TrustArc to manage data protection compliance and processor monitoring.
- Audit & Monitoring Tools: Technologies such as Vanta, LogicGate, or EnCase to continuously monitor processor activities.
- Contract Management Platforms: Platforms like DocuSign or Concord to manage contracts with processors, including data protection clauses.
- Encryption & Security: Data encryption tools (e.g., VeraCrypt, BitLocker) for processors to ensure the protection of personal data.
- Incident Management Tools: Tools like Jira Service Management or Freshservice for reporting and tracking data breaches or compliance issues with processors.
For Your Further Reading:
- KSA PDPL – Initial Framework
- KSA PDPL – Consent Not Mandatory
- KSA NDMO – Data Catalog and Metadata
- KSA NDMO – Personal Data Protection – Initial Assessment
- KSA NDMO – Classification Process – Data Classification Metadata
- KSA NDMO – DG Artifacts Control – Data Management Issue Tracking Register
- KSA NDMO – Personal Data Protection – PDP Plan
- Enterprise Architecture Governance & TOGAF – Components
- Enterprise Architecture & Architecture Framework
- TOGAF – ADM (Architecture Development Method) vs. Enterprise Continuum
- TOGAF – Architecture Content Framework
- TOGAF – ADM Features & Phases
- Data Security Standards
- Data Steward – Stewardship Activities
- Data Modeling – Metrics and Checklist
- How to Measure the Value of Data
- What is Content and Content Management?
