Revisiting the Terms and Conditions and Privacy Policies of the Most Downloaded Apps in Saudi Arabia:

Legal Analysis from the Lens of Personal Data Protection

Mohammed Al Rezan

 

Abstract: This article is a case study of terms and conditions (T&Cs) and privacy policies (PPs) of 20 smartphone apps in Saudi Arabia. The measurement is based on 10 standards, using three options: comply, partially comply, and do not comply. The article aims to protect users and enhance their privacy rights in the digital environment, particularly through T&Cs and PPs in smartphone apps. The article found that the level of protection of users’ privacy rights in the T&Cs and PPs of smartphone apps is insufficient, as the study covered two phases of legal development, one before the enactment of the Personal Data Protection Law (PDPL) and the other after it entered into force. The comparison of the T&Cs and PPs across both periods reveals no significant change in the rights of users enshrined in them, particularly after the enactment of the PDPL. Minor changes were noted, but on certain standards, the pre-PDPL T&Cs and PPs were more protective. The author, while recognising that the enforcement of this law has hardly brought stronger protection and justice to individual users in Saudi Arabia, argues that PDPL should insert clear provisions that are monitored by the authority, so that the T&Cs and PPs of apps ensure users’ rights.