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News developments
The Saudi Data & AI Authority (SDAIA) has issued new rules for appointing Personal Data Protection Officers (DPOs).
These rules are in line with Saudi Arabia Royal Decree No. M19/1443 On the Approval of the Personal Data Protection Law and amended pursuant to Saudi Arabia Cabinet Decision No. 604/1444, and Saudi Arabia Administrative Decision No. 1516/1445 on Implementing Regulation of the Personal Data Protection Law.
The rules aim to set minimum requirements for DPO appointments, clarify cases where a DPO must be appointed, and outline the roles and responsibilities of DPOs.
Controllers must appoint a DPO if they are a public entity processing personal data on a large scale, if their core activities involve regular and systematic monitoring of data subjects, or if their core activities involve processing sensitive personal data, as per Article 5 of the rules.
The rules provide criteria for determining what constitutes large-scale processing and regular and systematic monitoring.
The DPO must have appropriate academic qualifications, experience in data protection, knowledge of risk management practices, and regulatory requirements, as stated in Article 4 of the rules.
They can be an employee of the controller or an external contractor.
The appointment must be documented, and the DPO’s contact details must be provided to SDAIA and made accessible to data subjects, as per Articles 6 and 7 of the rules.
The rules outline the DPO’s roles and tasks, including advising on data protection policies, contributing to data breach response plans, preparing reports on the controller’s data processing activities, and following up on regulatory updates from SDAIA, as stated in Article 8 of the rules.
Controllers must enable and support the DPO in performing their duties, provide necessary resources, and ensure the DPO’s independence, as per Article 9 of the rules.
The rules also encourage training and professional development for DPOs.
The new rules aim to enhance personal data protection in Saudi Arabia by ensuring that organisations handling personal data have dedicated personnel responsible for monitoring compliance with Saudi Arabia Royal Decree No. M19/1443 and Saudi Arabia Administrative Decision No. 1516/1445.
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News developments
The Saudi Authority for Intellectual Property has issued its annual report on the enforcement of intellectual property rights in Saudi Arabia in 2023.
The report showed that the Authority had received more than 2,680 complaints during 2023, including complaints related to copyright and trademark complaints across various sectors. This was a 50% increase in the total number of complaints compared to 2022. Trademark complaints increased by 73%, and copyright complaints increased by 30%. More than 1,000 inspection visits were carried out to commercial establishments in 42 cities and governorates within Saudi Arabia, based on complaints submitted by rights holders.
The Intellectual Property Authority is continuing to use its “Mystery Shopper” process, which contributes to the efficient enforcement of the intellectual property rights system. The enforcement team continuously monitors and surveys commercial and electronic markets, researches violations, in order to collect data on commercial establishments and provide the inspection team with information to target areas and sectors with inspection campaigns and awareness visits. The Mystery Shopper conducted more than 4,700 visits to over 70 commercial centre in 17 cities and governorates, and visited more than 6,000 websites and online stores.
The Authority revealed that 422 suspected shipments were handled, and the Zakat, Tax and Customs Authority reported that 60% of customs shipments violated intellectual property regulations and laws. Over 3.4 million products violating intellectual property regulations and laws across various commercial sectors were prevented from being cleared at border crossings.
In the digital space, the Authority has focused on enforcing intellectual property rights for digital content and e-commerce. The number of reported websites reached 4,545, with 81% of the reports involved websites displaying and downloading movies and TV series.
The Authority confirmed that more than 41 million products violating intellectual property rights were seized, more than 16.3 thousand infringing intellectual property content items were removed, and more than 3.4 thousand websites violating the law were blocked. 13,000 establishments were visited during complaint enforcement operations and field and electronic surveys.
During 2023, the Commercial Courts and the Committee for Considering Copyright Violations issued more than 270 judgments and decisions against intellectual property violators, with total fines of nearly 2.2 million Riyals levied.
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News developments
Al-Eqtisadiya, 12 August 2024: The Saudi Stock Exchange (Tadawul) has temporarily suspended trading in the shares of three companies.
This action was taken due to the companies’ failure to announce their financial statements for the period ending on 30 June 2024.
The announcement was required within the regular timeframe specified by the Capital Market Authority’s rules for securities offerings and ongoing obligations.
The affected companies are Food Development Business, Saudi Industrial Exports, and Al-Naifat Finance Company.
The affected companies are Food Development Business, Saudi Industrial Exports, and Al-Naifat Finance Company.
Tadawul has announced the suspension in a statement, citing its powers stipulated in the listing rules and procedures for suspending trading of listed securities.
Trading in the shares of these companies was halted for one trading session.
However, Tadawul has granted a grace period of twenty trading sessions commencing from the 6 August 2024 session, during which the companies must publish their financial statements before the deadline of 9 September 2024.
Tadawul has emphasised that if any of the companies fail to announce their financial statements within the specified period, trading in their respective shares will be suspended again, effective 10 September 2024, until they comply with the disclosure requirements.
The suspension underscores Tadawul’s commitment to maintaining transparency and upholding the highest standards of corporate governance.
By enforcing strict compliance with disclosure regulations, the stock exchange aims to protect investors’ interests and ensure a fair and efficient trading environment.
Market participants and investors are advised to closely monitor the situation and stay updated on any developments regarding the affected companies’ financial reporting.
Timely disclosure of financial statements is crucial for making informed investment decisions and maintaining market integrity.
Tadawul’s decisive action serves as a reminder to listed companies of their obligations to provide accurate and timely financial information, enabling investors to make well-informed decisions and fostering confidence in the Saudi capital market.
For the full story, click here.
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News developments
Welcome to the August-September 2024 edition of Lexis Middle East Law Alert, your trusted source for the latest legal developments and insights in the MENA region. This issue delves into the most significant legal changes across the Gulf, including the introduction of stringent new telemarketing regulations in the UAE and the implementation of a groundbreaking enforcement law in Qatar. We also cover vital updates in DIFC property law, Saudi disability rights, and the latest customs regulations, providing you with a comprehensive overview of the legal landscape.
In addition to these key features, this edition highlights expert analyses on crucial legal topics such as non-compete clauses, a landmark ADGM case on fraud, and an in-depth profile of a leading legal counsel driving innovation at Qatar Stock Exchange. Whether you are a legal professional, a business leader, or simply interested in the evolving legal environment in the Middle East, this edition offers valuable insights to help you stay informed and ahead of the curve.
Stay informed with our meticulously curated content, designed to keep you ahead in the ever-changing legal landscape.
FEATURE: CALLING FOR CHANGE
Lama Alkhouli of Maamoun Alkhouli delves into the newly implemented legal framework governing telemarketing activities both onshore and offshore in the UAE, effective from August. The article provides a detailed analysis of how these stringent regulations will operate and the impact on businesses.
FEATURE: FULL FORCE OF THE LAW
The new enforcement law in Qatar aims to address the challenges creditors face. Experts from Mashael Alsulaiti Law Firm offer insights into the implications of this law and how it will streamline enforcement procedures for creditors.
IN-HOUSE PROFILE: WHEN MARKET MEANS INNOVATION
Aiman Khair, Legal Counsel at Qatar Stock Exchange, shares his insights on how his role contributes to the realization of the Qatari Financial Sector Strategy, emphasizing innovation in the market.
DISPUTE RESOLUTION FOCUS
A detailed analysis of a recent ADGM case involving allegations of fraud and breaches under Section 242 of the ADGM Financial Services and Markets Regulation 2015. Legal experts from Al Aidarous explain the importance of the case, particularly the decision to strike out all claims against one Defendant.
MOVERS AND SHAKERS
A round-up of the most significant appointments and promotions across the legal landscape in the region, highlighting the top moves that are reshaping the industry.
CONTRACT WATCH: NON-COMPETE CLAUSES
Gloria Estolano from M & Co. Legal examines non-compete clauses, providing valuable insights into their enforceability and implications for businesses.
Explore the past editions of the Lexis® Middle East Law Alert and stay up-to-date with the latest news! Click the links below for instant access to older editions.
TAX AND FINANCE ROUND-UP
A breakdown of the new Customs voluntary disclosure rules, providing clarity on compliance requirements and the impact on businesses in the region.
LEGAL ROUND-UP
Stay informed with our legal round-up, providing a comprehensive overview of recent developments across the region. Also, updates on the DIFC Property Law changes, highlighting the key modifications that stakeholders need to be aware of.
LAW MONITOR
An in-depth look at the Implementing Regulations for the Saudi Law on the Rights of Persons with Disabilities, exploring the legal protections and rights for individuals under this new regulation.
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News developments
The Saudi government has approved key amendments to several articles of the Labour Law, aiming to create a more attractive work environment and contribute to sustainable development in line with the goals of Vision 2030.
The Human Resources and Social Development Ministry has stated that the new amendments include 38 articles, deleting seven articles, and adding two new articles to the Labour Law.
These amendments align with the Saudi employment market strategy as well as international agreements ratified by the country.
The ministry has stated that the new amendments will take effect after 180 days from the date of their publication in the official Gazette.
The amendments aimed to improve the labour market in the country, enhance job stability, preserve the rights of parties to the contractual relationship, in addition to developing human resources, enhancing training opportunities for workers, and increasing job opportunities for citizens.
The amendments took into account the interests of all parties to the contractual relationship.
These included an expansion of the item on holidays and labour contracts; adding definitions of the terms: resignation and assignment; adding an article specifying the procedures for resignation; amending the grievance procedures for the worker; and adding penalties for practicing the activity of employing workers without a licence from the ministry.
The new amendments also stipulate that the employer must formulate a special policy for the training and qualification of employees in order to raise their skills and improve their standard.
A number of amendments were also made in the item on maritime work.
The ministry has explained that the new amendments were made after an extensive study.
This study involved standard comparisons with labour laws in several countries as well as an analysis of best global practices.
Over 1,300 participants offered their opinions and suggestions on the proposed amendments to various articles of the Labour Law.
These inputs were collected via the Istitlaa survey platform, run by the National Competitiveness Centre.
This is in addition to sharing opinions and advice with private sector establishments, relevant government agencies, labour committees, and a number of specialists and experts in human resources through workshops and consultative meetings.
These amendments are formulated to reinforce the directive to develop existing systems and regulations.
The aim is to contribute to supporting the market, production and service sectors.
The amendments also provide an appropriate legislative environment and support small and medium enterprises.
Ultimately, the goal is to create more job opportunities for citizens and achieve sustainable development goals.
These goals align with the labour market strategy and the targets of Vision 2030.
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News developments
The Saudi Vice Minister of Commerce and CEO of the National Competitiveness Centre (NCC) noted that the Kingdom allows 100% foreign ownership in most business sectors, a significant factor in attracting international investment.
This was highlighted during the Saudi-Korean Business Forum, where the Commerce Minister has emphasised that Saudi Arabia’s Vision 2030 has led to substantial economic diversification, fostering sustainable and inclusive growth, and encouraging innovation across various business sectors.
The forum, attended by the Saudi Ambassador to Korea and approximately 400 representatives from both public and private sectors, has highlighted the strategic trade relations between Saudi Arabia and Korea.
The Commerce Minister highlighted the collaborative efforts to boost economic prosperity, noting that trade volume between the two nations reached $35 billion from 2019 to 2023. Additionally, 174 commercial records were issued to Korean companies up to last April.
The Korean Minister of Trade emphasised the expanding Saudi-Korean economic and trade partnership across vital sectors such as automotive and shipbuilding, as well as emerging areas like AI, data centres, and smart cities.
He also noted the growth in trade services and stressed that the Korea-GCC Free Trade Agreement would elevate economic cooperation to a new level.
The NCC CEO outlined significant reforms aimed at boosting the Kingdom’s competitiveness.
She has highlighted the positive transformations in the Saudi economy and business environment.
Notably, 820 economic reforms have been implemented by 60 government agencies since 2016 in nine key areas, with 1,200 laws and regulations issued and updated to strengthen the legal framework.
The NCC CEO has also emphasised the digitisation of government services, which has reached 97%, and the activation of virtual commercial court sessions at a 99% rate, significantly improving litigation efficiency.
She has also mentioned that the establishment of the Saudi Business Centre has streamlined business licensing requirements by 55%.
The forum, organised by the NCC, the Federation of Saudi Chambers of Commerce, and the Korean Chamber of Commerce and Industry, aimed to expand economic partnership opportunities between the two nations.
It included two dialogue sessions: “Innovation and Technology,” featuring representatives from the Ministry of Investment, Monshaat, SDAIA, and Korean companies Naver and Rebellions, which discussed the role of government initiatives in promoting innovation and technology adoption.
The second session, “Advanced Manufacturing and Infrastructure,” was attended by representatives from various ministries and institutes, and tackled key developing sectors in advanced manufacturing and the challenges and opportunities posed by digital transformation in infrastructure development.
Nine agreements were signed by companies from both sides, marking a successful conclusion to the forum.
The event was held on the second day of the Saudi delegation’s visit to Korea from 29 July 2024 to 31 July 2024.
It was preceded by meetings between the Commerce Minister and Korea’s Minister of Trade, Industry and Energy, and Minister of Trade, where discussions focused on strengthening trade relations and cooperation in global trade issues, particularly in removing trade barriers and increasing exports.
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News developments
Welcome to the latest edition of Lexis Middle East HR Alert – July 2024, your definitive source for staying abreast of the legal and business developments shaping HR in the Middle East. As the region continues to evolve and adapt to global standards, it is imperative for HR professionals, legal practitioners, and business leaders to stay informed about the changes and trends impacting the workforce.
In this issue, we delve into the critical reforms in wage protection systems in Saudi Arabia and Qatar, shedding light on how these changes aim to safeguard employees’ rights. Our comprehensive News Round-Up covers key regional developments, including significant retirement age changes in Saudi Arabia, while our Immigration Focus highlights the latest visa and immigration changes across the GCC, essential for managing international workforces.
Gain valuable insights from industry experts like Joshua Decker, Shreyansh Singh, and Antoine Salloum, who provide in-depth analyses and perspectives on current HR and legal challenges. Additionally, our HR and In-House Profiles feature Ryan Jackson and Shayan Sultan, sharing their strategies and experiences in navigating the dynamic HR landscape.
Stay updated with the latest business moves, appointments, and promotions, and explore new and proposed laws affecting the MENA region. This issue also includes a pivotal case study from the DIFC, emphasising the importance of understanding legal precedents in employment law.
Happy reading!
This edition features a diverse range of content, including:
Feature: Protecting Pay Cheques
Saudi Arabia and Qatar are both in the process of updating their wage and salary protection systems. Joshua Decker of Vaishvik Law International Ltd delves into the specifics of these reforms, providing a comparative analysis of both systems and how these changes are set to improve wage protection for employees in these countries.
Trend Setter – Smoke and Mirrors: Gulf Workers’ Housing Reality
The tragic Mangaf fire in Kuwait has brought to light the dire conditions in which many foreign workers live. Shreyansh Singh, Associate Partner at Shree Legal Consultancy, examines this incident and highlights the pressing need for more stringent housing regulations to ensure the safety and well-being of foreign workers in the Gulf.
News Round-up: Covering Recent Key Developments – Region-Wide
Stay updated with the latest regional developments, including significant changes to the retirement age in Saudi Arabia, impacting HR policies and employee planning across the region.
Immigration Focus
Explore the latest immigration and visa regulations across the GCC, with a special focus on Qatar’s new exit requirements. This section provides essential insights for HR professionals managing international workforces.
Immigration Focus: Turning Qatar’s Challenges into Opportunities
Antoine Salloum, an expert in Qatar’s immigration sector, offers an insider’s perspective on navigating the ever-evolving immigration landscape, turning potential challenges into strategic opportunities.
Law Changes: New and Proposed MENA Laws
Sarit Thomas and Emma Higham from Clyde & Co analyse Qatar Cabinet Decision No. 11/2024, detailing the new eligibility criteria for early retirement under the updated Social Insurance Law. This section covers crucial legal changes affecting HR policies and employee benefits.
Case Focus – DIFC Case No. 039/2024: Noah v Nicole
This case, recommended by Ayesha Karim, highlights a pivotal issue concerning the right to a salary in an unopened business. Issued on 28 May 2025 by the DIFC Small Claims Tribunal, this case sets a significant precedent for employment law in the region.
Enrich your understanding of the HR landscape and stay up-to-date with the latest trends, cases, and policies through the newest issue of Lexis Middle East – HR Alert.
For all the latest industry updates and developments, opt for a free HR Alert subscription!
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Have you read the Lexis® Middle East HR Alert – previous 2024 editions? Click the links below to access and read these editions.
HR Profile: Embracing Culture In Recruitment
Ryan Jackson, founder and CEO of Culture First Recruitment, shares his journey and offers insights into addressing talent shortages in the UAE. By focusing on a culture-centric approach, Jackson discusses how evolving workforce dynamics can be managed effectively.
In-House Profile: Practitioner Perspective
Shayan Sultan of Fragomen provides an overview of upcoming changes in Bahrain that will impact the costs charged by agencies recruiting domestic workers, highlighting key points HR professionals need to consider.
Policy Pointers: Smokeless Zones
Maisa Maarouf, Head of HR and Administration at BSA Ahmad Bin Hezeem & Associates LLP, contributes her expertise on creating smokeless zones, an essential policy pointer for maintaining a healthy work environment.
Moves and Changes
Stay informed about the latest business news, significant appointments, and promotions across the region, ensuring you are up-to-date with the key players in the market.
HR Profile: Recruitment in an Evolving Market
Mpho Netshiombo, Head of People, Performance, and Culture at KPMG Bahrain, discusses how recent legal and market changes have impacted recruitment strategies. He shares his approach to talent development, management, and engagement in this evolving landscape.
News developments
Al-Eqt, 23 July 2024: The Council of Ministers has approved the Oversight and Anti-Corruption Authority Law.
The Authority’s Chairman has stated that the law will contribute to strengthening the role of the Authority in exercising its powers with regard to combating financial and administrative corruption in all its forms and manifestations.
The law will contribute to strengthening the role of the Authority in combating financial and administrative corruption.
It aims to preserve public funds and protect the nation’s capabilities.
Additionally, it ensures that perpetrators of corruption crimes are prosecuted and held accountable as per legal and regulatory requirements.
The law also facilitates the recovery of funds and proceeds resulting from these crimes to the state’s public treasury.
The law affirms the complete independence of the authority and empowers it by granting the necessary powers to exercise its duties, perform its tasks, and consolidate its role with complete impartiality.
He has stated that the system identifies the types of corruption crimes the Authority is responsible for.
These include bribery, assault on public funds, abuse of power, and any other crime classified as a corruption crime under statutory provisions.
The law also outlines the authority’s powers in administrative oversight, investigation and administrative prosecution, safeguarding integrity, promoting transparency, and international cooperation with regional and international bodies and organisations within the authority’s remit.
It covers investigating aspects of financial and administrative corruption, as well as criminal investigation and prosecution.
For the full story, click here.
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News developments
Al-Sharq Al-Awsat, 14 July 2024: The Saudi Central Bank (SAMA) has launched the government banking services platform (Naqd), which allows government agencies to easily access their accounts with the Central Bank and carry out financial operations on a secure digital platform.
According to SAMA, this step comes within the framework of the Central Bank’s strategy to provide banking services to government agencies and support digital development.
It will contribute to the digitisation of government agencies’ financial operations services offered for their accounts with the Saudi Central Bank, under a unified and secure digital platform.
It will also facilitate round-the-clock access to their account information and account management, in addition to immediate follow-up of the operations carried out to and from government agencies’ accounts.
The platform aims to provide electronic banking services that support government financial transactions.
It is designed to improve the user experience, improve efficiency and productivity in financial transactions by using the latest technology, and contribute to reducing the time required for implementing government banking procedures.
For the full story, click here.
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