Data Privacy Protection Regulation Kuwait

    Overview

    Kuwait's Data Privacy Protection Regulation, or Regulation No. 26 of 2024, replaces the country's previous privacy law and establishes comprehensive guidelines for the collection, use, storage, and sharing of personal data. It aims to protect individual privacy rights while fostering trust in data-driven activities. The regulation applies to various sectors and outlines specific responsibilities for businesses to ensure transparency and accountability in handling personal data.

    Regulation Summary

    Timeline

    • Date Enacted: March 26, 2024

    • Date Enforced: January 1, 2025

    What Businesses Are Affected?
    • All entities processing personal data in Kuwait.
    • Communications and Information Technology Service Providers (CITSPs).
    • Both public and private sector organizations handling user data.
    Exemptions
    • Personal and household data processing.
    • Government data processing for security and regulatory purposes.
    • Processing necessary for contractual obligations and legal compliance.
    Responsibilities for Businesses
    • Obtain informed consent before collecting or processing personal data.
    • Provide clear privacy policies explaining data collection and usage.
    • Implement security safeguards to protect personal data.
    • Ensure accuracy of collected data and allow users to request corrections.
    • Notify Communications and Information Technology Regulatory Authority (CITRA) and affected individuals in case of data breaches within 72 hours.
    • Restrict personal data collection to what is necessary for the stated purpose.
    Specific Website Owner Responsibilities
    • Publish a privacy notice that is clear and accessible.
    • Allow users to withdraw consent easily.
    • Ensure adequate data security protections.
    • Provide options to manage marketing preferences.
    Additional Requirements
    • Restrictions on cross-border data transfers unless appropriate safeguards are in place.
    • Parental consent required for processing children's data.
    • Maintain processing activity records for regulatory compliance.
    Data Subject Rights
    • Access their personal data.
    • Request corrections or deletions of their data.
    • Withdraw consent at any time.
    • Object to data processing in certain circumstances.
    • File complaints with Communications and Information Technology Regulatory Authority (CITRA).
    Enforcement
    • Regulated by Communications and Information Technology Regulatory Authority (CITRA).
    • Fines and sanctions for non-compliance, as determined by Communications and Information Technology Regulatory Authority (CITRA).
    • Potential service suspension for violations​.
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