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The New Saudi Emergency Law : Understanding the Changes

Like many countries, Saudi Arabia has issued a separate emergency law to address and manage unforeseen crises. This new law aims to handle contemporary challenges, enhance national security, and streamline emergency response protocols. In this article, we will explore the key provisions, implications, and the broader Saudi Emergency Law impact. Earlier Regulatory Regime Before examining the new law, it’s crucial to understand the context of emergency related issues in Saudi Arabia; Emergency regulatory systems have been invoked at different times to address specific crises, such as natural disasters or public health emergencies. These diverse and separate directives often granted authorities special powers to take swift and decisive action to protect public safety and order related to particular events. However, with

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Codification of Laws in Saudi Arabia : A New Chapter of Legal Reform

Saudi Arabia  has embarked on a transformative phase in its legal landscape and one of the aspects of this is phase is the drive for codification of laws. This monumental step is part of the Kingdom’s Vision 2030, which aims to modernize its legal system, enhance judicial transparency, and attract foreign investments. The codification proces’s first steps in the codification process of Saudi Arabia’s laws involve creating comprehensive written statutes that provide clear and accessible legal guidelines for various aspects of governance, commerce, and day to day affairs. Historical Context Historically, Saudi Arabia has relied on Islamic law, or Sharia, as the primary source of legislation. While Sharia remains the foundation of the Kingdom’s legal system, the codification of laws

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Saudi Arabia’s New Standards and Quality Law and Product Safety Law

The Kingdom of Saudi Arabia (KSA) has recently introduced significant legislative reforms aimed at enhancing product safety and quality standards. On July 30, 2024, the Council of Ministers approved two pivotal laws: the Product Safety Law and the Standards and Quality Law. These laws represent a significant step forward in the country’s efforts to ensure product safety and quality, protect consumer rights, and foster a robust regulatory framework. The scope of both laws extends to the sale of all products including those sold through online channels. A Unified System for Product Safety and Quality Standards The primary objective of these laws is to establish a comprehensive and unified system for regulating product safety and quality standards. They apply to a wide range of products,

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Mitigating Cybersecurity Risks in the Post-Pandemic Remote Work Era

Introduction The transition to remote work models in the post-pandemic era has significantly increased exposure to cybersecurity threats and data privacy breaches, compelling enterprises to adopt measures to mitigate such risks. Mobile working involves accessing work networks from external channels, expanding the range of cyber-attacks, data leakage, data storage, and system operations outside corporate infrastructure. Subsequently, data breaches and infringements can result in severe legal and commercial consequences. This report aims to identify the common cyber threats commercial enterprises encounter and propose systematic solutions to mitigate these risks. Potential Threats to Security Data Breaches Data breaches occur when secure, confidential, or protected information is accessed, disclosed, or stolen without authorization (1). This can happen through various means such as hacking,

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CORPORATE COMPLIANCE IN SAUDI ARABIA

CORPORATE COMPLIANCE IN SAUDI ARABIA Corporate compliance in Saudi Arabia ensures businesses adhere to legal and regulatory requirements. Under Vision 2030, the Saudi government passed the New Companies Law in January 2023, mandating all companies to amend their Articles of Association (AoA) or Memorandum of Association (MoA) by January 2025. This amendment is essential for any changes to commercial registration, shareholding structure, or corporate activities. The Saudi Business Centre facilitates these processes, offering unified services. The new law, enhancing flexibility while maintaining stakeholder safeguards, requires companies to update their governance documents to comply with new regulations and benefit from the law’s flexibility. Corporate Compliance in Saudi Arabia is a critical aspect of ensuring that businesses operate in accordance with the law

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Future of FinTech in the Kingdom of Saudi Arabia

A Comprehensive Overview of FinTech in the Kingdom of Saudi Arabia: The Kingdom of Saudi Arabia has witnessed a rapid growth in financial technology, commonly known as FinTech. FinTech has revolutionized the traditional financial sector by leveraging technology to provide innovative financial services. We will explore the impacts of FinTech on the economy in Saudi Arabia, highlighting the benefits and challenges it brings to the ever-changing dynamics of Saudi Arabia and government driven regulations and investments in technology. Additionally, we will explore the noteworthy changes with the inception of Vision 2030 fostering the growth of the FinTech industry. FinTech Impact on Financial Sector: The Saudi Arabian economy has been positively impacted by the inclusion of FinTech. The adoption of FinTech

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Advocacy Law – Rules of Implementation

The Ministry of Justice (Ministry) has just released draft of the proposed Implementing Regulations for Advocacy Law for public consultation (Regulations). The Regulations will replace the existing regulations and will become effective from the date of its publication in the official gazette. Continuing with reforms in the judicial sector which include enabling foreign law firms to set up their offices in the Kingdom on their own or through a Saudi licensed lawyer, the Ministry has stated that the objective of the revisions to the Regulations is to increase the level of professional competence and efficiency of practitioners in accordance with the best practices with a view to improve the business environment in the Kingdom. While most of the issues related

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Personal Data Protection Law

Introduction  In the era of digital transformation, Saudi Arabia leads with internet coverage over 73% and smartphone penetration exceeding 80%. With concerns arising, the Personal Data Protection Law aims to safeguard privacy rights among technological advancements Boundaries of the Law The Personal Data Protection Law’s applicability is clearly defined in Paragraph 1 of Article 2, which states: “The Law applies to any Processing of Personal Data related to individuals that takes place in the Kingdom by any means, including the Processing of Personal Data related to individuals residing in the Kingdom by any means from any party outside the Kingdom.” So while this law aligns with global trends in personal information protection, it mainly focuses on Saudi Arabia to ensure

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EMPLOYMENT: LEGAL PERSPECTIVE

Introduction One of the challenges that enterprises encounter relates to regulating employment related issues. They relate both to contractual relationship with employees as well as compliance with the relevant laws, regulations and directives. A poorly drafted employment contract or use of templates without fully understanding or visualizing the inherent risks or drafting of contracts without paying due consideration to provisions in the relevant laws and regulations could spell disaster for companies in case of disputes or when they need to take actions under the contracts. Similarly, initiation of actions or measures against employees without following the right steps or analysis may force employers to pay a huge price. We have seen numerous cases wherein companies found themselves in dire straits

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Saudi Proposed Income Tax Law

Introduction Essentially, the Proposed Law aims to widen the applicability of income tax on Residents and Non-Residents who enter into any business, investment, or property-related transactions. It also aims to bring the income tax regime in line with international best practices by removing ambiguities vis-à-vis taxable persons,  taxable income, tax base, exemptions, deductions, etc. This short note highlights the major provisions under the Law. Legal or Natural Resident As the income tax applies to non-Saudi persons, the first and foremost issue relates to defining the Legal and Natural Resident and Non-Resident Persons. The Proposed Law distinguishes not only residents and non-residents but also defines in greater detail Legal Resident Persons (Legal Person) and Natural Resident Persons (Natural Persons). Legal Resident

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