Law of Telecommunications and Information Technology and its Executive Regulation

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  • Royal Decree No. (M/106) dated 1443/11/2 AH

  • By the grace of God Almighty

  • We, Salman bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based onArticle (Seventy) of the Basic Law of Governanceissued by Royal Order No. (A/90) dated 27/8/1412 AH.

  • And based onArticle (Twenty) of the Council of Ministers Lawissued by Royal Order No. (A/13) dated 3/3/1414 AH.

  • And based onArticle (Eighteen) of the Shura Council Lawissued by Royal Order No. (A/91) dated 27/8/1412 AH.

  • After reviewing Shura Council Decision No. (16/85) dated 16/5/1443 AH.

  • After reviewing Council of Ministers Decision No. (592) dated 1/11/1443 AH.

  • We decree the following:

    • First:Approval of the Communications and Information Technology Law, in the attached form.

    • Second:The provisions of the law - referred to in item (First) of this decree - shall not affect the validity of licenses issued before its implementation, and anyone providing communications or information technology services at the time of the law’s implementation must regularize their status in accordance with its provisions within twelve (12) months from the date of its implementation.

    • Third:The application of the law - referred to in item (First) of this decree - and its executive regulations shall not prejudice the powers and tasks of the National Cybersecurity Authority.

    • Fourth:The Communications and Information Technology Commission shall monitor the service provider’s commitment to exercising due diligence to ensure the protection of cybersecurity and critical infrastructure, in accordance with what is issued by the National Cybersecurity Authority, and it shall have the following powers in this regard:

    • A- Obliging service providers to conclude agreements among themselves to achieve this in accordance with what is issued by the National Cybersecurity Authority. B- Monitoring the cybersecurity level of the service provider to verify its adequacy, in accordance with what is issued by the National Cybersecurity Authority. C- Charging the service provider the cost of this monitoring in case of proven negligence. D- Imposing the penalties stipulated in Article (Twenty-Seven) of the law - referred to in item (First) of this decree - on the service provider violating the provisions of this item.

    • The Board of Directors of the National Cybersecurity Authority shall have the authority to decide to terminate the application of this item after coordination with the Communications and Information Technology Commission.

    • Fifth:His Highness the Deputy Prime Minister, the Ministers, and the heads of the concerned independent bodies - each within their jurisdiction - shall implement this decree.

  • Salman bin Abdulaziz Al Saud

  • In the name of God, the Most Gracious, the Most Merciful

  • Council of Ministers Decision No. (592) dated 1443/11/1 AH

  • The Council of Ministers

  • After reviewingthe correspondence received from the Royal Court No. 32021 dated 22/5/1443 AH, including the telegram of His Excellency the Minister of Communications and Information Technology No. 01/40/5118 dated 18/9/1440 AH, regarding the draft Communications and Information Technology Law.

  • After reviewingthe aforementioned draft law.

  • After reviewingtheCommunications Lawissued by Royal Decree No. (M/12) dated 12/3/1422 AH.

  • After reviewingmemorandums No. (1157) dated 11/7/1442 AH, No. (1955) dated 11/11/1442 AH, No. (2273) dated 18/12/1442 AH, No. (359) dated 12/2/1443 AH, and No. (2192) dated 24/9/1443 AH, prepared by the Bureau of Experts at the Council of Ministers.

  • After reviewingthe recommendation prepared by the Council of Economic and Development Affairs No. (12 - 46/43/D) dated 11/10/1443 AH.

  • After consideringShura Council Decision No. (85/16) dated 16/5/1443 AH.

  • After reviewingthe recommendation of the General Committee of the Council of Ministers No. (9465) dated 29/10/1443 AH.

  • It is decided as follows:

    • First:Approval of the Communications and Information Technology Law, in the attached form.

    • Second:The provisions of the law - referred to in item (First) of this decision - shall not affect the validity of licenses issued before its implementation, and anyone providing communications or information technology services at the time of the law’s implementation must regularize their status in accordance with its provisions within twelve (12) months from the date of its implementation.

    • Third:The application of the law - referred to in item (First) of this decision - and its executive regulations shall not prejudice the powers and tasks of the National Cybersecurity Authority.

    • Fourth:The Communications and Information Technology Commission shall monitor the service provider’s commitment to exercising due diligence to ensure the protection of cybersecurity and critical infrastructure, in accordance with what is issued by the National Cybersecurity Authority, and it shall have the following powers in this regard:

    • A- Obliging service providers to conclude agreements among themselves to achieve this in accordance with what is issued by the National Cybersecurity Authority. B- Monitoring the cybersecurity level of the service provider to verify its adequacy, in accordance with what is issued by the National Cybersecurity Authority. C- Charging the service provider the cost of this monitoring in case of proven negligence. D- Imposing the penalties stipulated in Article (Twenty-Seven) of the law - referred to in item (First) of this decision - on the service provider violating the provisions of this item.

    • The Board of Directors of the National Cybersecurity Authority shall have the authority to decide to terminate the application of this item after coordination with the Communications and Information Technology Commission.

    • A draft Royal Decree has been prepared accordingly, its text attached hereto.

    • Fifth:The financial fees referred to in Article (Four) and Article (Thirty-Nine) of the law - referred to in item (First) of this decision - shall be determined in agreement with the Ministry of Finance and the Non-Oil Revenues Development Center, until the issuance and implementation of the (Regulation on the Practice of Public Authorities and Institutions and Equivalent Entities Imposing Financial Fees for Services and Works They Provide).

    • Sixth:The amount deducted from the financial fee stipulated in paragraph (2) of Article (Four) of the law - referred to in item (First) of this decision - shall be deposited in the current account of the Ministry of Finance at the Saudi Central Bank for the benefit of the Ministry of Communications and Information Technology.

    • Seventh:The amount deducted for the Ministry of Communications and Information Technology from the financial fee - as stipulated in paragraph (2) of Article (Four) of the law referred to in item (First) of this decision - shall be included within its appropriations in its budget.

    • Eighth:The Ministry of Communications and Information Technology shall disburse from the account referred to in item (Sixth) of this decision or from other bank accounts established for this purpose.

    • Ninth:The Ministry of Communications and Information Technology and the Ministry of Finance shall establish a mechanism to govern the disbursement of the deducted amount as referred to in paragraph (2) of Article (Four) of the law referred to in item (First) of this decision.

  • Prime Minister

Chapter 1: General Provisions

Article 1

In this Law, the following words and phrases shall have the meanings assigned thereto:
Law: Law of Telecommunications and Information Technology.
Regulations: Implementing Regulations of this Law.
Ministry: Ministry of Communications and Information Technology.
Minister: Minister of Communications and Information Technology.
Commission: Communications and Information Technology Commission.
Board: Board of Directors of the Commission.
Committee: The committee for reviewing violations of this Law.
Telecommunications: Any transmission or reception of signs, signals, writings, images, sounds, information, or data between persons or things, regardless of their nature, through wired or wireless systems and devices.
Telecommunications Network: A system for the conveyance of any type of telecommunications using electrical, magnetic, or electromagnetic energy, or other types of energy.
Public Telecommunications Network: A local or international wired or wireless telecommunications system, or systems, to provide users with public telecommunications and information technology services.
Private Telecommunications Network: A limited network, not linked to a public telecommunications network, to provide telecommunications and information technology services in certain areas to specific users.
Information Technology: Technologies, software, systems, networks, and related processes used for generating, collecting, obtaining, processing, storing, or analyzing data or information, including telecommunications and information technology applications; this shall not include the data or information per se.
Devices: Any wired or wireless devices, radio-sensitive equipment, or interference-causing devices and equipment as well as any other equipment, devices, products, tools, machines, or hardware connected to a telecommunications network or the use of which may affect the technical capabilities of providing telecommunications or information technology services.
Infrastructure: A physical system used to provide services related to the telecommunications and information technology sector, including facilities, networks, and devices.
Critical Infrastructure: Networks, devices, and software required for the minimum provision of telecommunications and information technology services, the disruption of which, wholly or partially, may affect the stability or security of the telecommunications and information technology sector.
License: A document issued by the Commission authorizing a natural or legal person to use or provide telecommunications or information technology services or devices pursuant to this Law and the Regulations; such document shall include the type of service or device, the validity period, and general provisions.
Registration: Recording the information of the registrant with the Commission.
Permit: A document issued by the Commission authorizing a natural or legal person outside the Kingdom to provide services related to telecommunications or information technology services within the Kingdom in a manner accessible to users, including digital content platforms.
Service Provider: A licensee, registrant, or permittee who provides telecommunications or information technology services or services related thereto to the public, including digital content platforms.
Dominant Service Provider: A dominant service provider as provided for in Article 15(2) of this Law.
Facilities-Based Service Provider: A telecommunications or information technology service provider licensed to establish, acquire, or operate infrastructure.
User: A natural or legal person who uses telecommunications or information technology services or services related thereto, including digital content platforms, through a service provider.
Frequency Spectrum: The set of frequency bands provided for in the International Radio Regulations that can be used in telecommunications networks.
National Frequency Spectrum Plan: A document regulating frequency bands by determining their type and range as well as the distribution thereof to relevant agencies.
Interconnection: A link that allows the users of a telecommunications network operated by a particular service provider to communicate with each other or with the users of another service provider.
Access: Providing access to infrastructure, facilities, networks, devices, systems, services, or any other means that may be used for providing telecommunications and information technology services.
Universal Service: Providing users with a minimum level of telecommunications and Internet services at reasonable prices and good quality.
Universal Access: Providing all users in the Kingdom with the opportunity to benefit from a minimum level of telecommunications and information technology services at reasonable prices and good quality in a specific geographical area, as determined by the Ministry in coordination with the Commission.
Numbering: A sequence of serial numbers that identifies an intended endpoint in the public telecommunications network and includes the information necessary to direct telecommunications to such endpoint.
National Numbering Plan: A plan prepared by the Commission to determine the range of numbers used in various telecommunications or information technology services.
Digital Transformation: The strategic reorganization of businesses based on data, information technology, and telecommunications networks.
Emerging Technologies: Technical innovations which represent progressive developments in a specific field and present a competitive advantage over current technologies.
Digital Government: Supporting administrative, organizational, and operational processes within and across government sectors to achieve digital transformation and to develop, improve, and provide easy and effective access to government information and services.
Digital Object Identifiers: Any technical means used to uniquely identify resources, services, or content that may be accessed via the Internet.

Regulations
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Article 2

This Law aims to achieve the following:
1. Developing the telecommunications and information technology sector in a manner that increases the efficiency of its services and improves its infrastructure.
2. Promoting digital transformation and the utilization of telecommunications and information technology in all fields.
3. Promoting innovation, entrepreneurship, and technical research and development in the telecommunications and information technology sector; developing sub-sectors and emerging technologies; and introducing new telecommunications and information technology services.
4. Transferring and localizing technology in the field of telecommunications and information technology and keeping up with its development.
5. Protecting the public interest, protecting the user and his interests, and increasing the user’s trust by providing telecommunications and information technology services of good quality, providing protection from harmful content, and maintaining the confidentiality of telecommunications.
6. Promoting access to advanced telecommunications and information technology services at reasonable prices in all of the Kingdom’s provinces.
7. Increasing local content in the telecommunications and information technology sector and stimulating the demand for the products and services of relevant national entities.
8. Promoting the competitiveness of the telecommunications and information technology sector and the companies operating therein, ensuring the continuity and effectiveness of competition therein, and raising the competitiveness of telecommunications companies regionally and internationally.
9. Creating an attractive environment for investment in the telecommunications and information technology sector, attracting leading international companies in the sector’s areas of priority, and raising the performance of national companies.
10. Regulating the use of the frequency spectrum to ensure optimal use thereof.
11. Implementing the National Numbering Plan effectively.
12. Ensuring the clarity and transparency of procedures.
13. Upholding the principles of equality and non-discrimination.

Article 3

The Ministry shall have the power to supervise the telecommunications and information technology sector within the limits of this Law and relevant laws and in a manner that is not inconsistent with the powers and duties of other agencies in accordance with their laws and the laws under their supervision. To this end, it shall assume the following powers and duties:
1. Developing the strategies, policies, plans, programs, and infrastructure of the telecommunications and information technology sector; supervising the implementation thereof; and taking the measures necessary for matters requiring further action.
2. Proposing draft laws and regulations for the telecommunications and information technology sector in coordination with the Commission, and supervising the implementation thereof upon approval.
3. Representing the Kingdom before regional and international bodies in matters relating to the telecommunications and information technology sector; it may delegate such power to the Commission or to any other relevant agency.
4. Encouraging investment in the telecommunications and information technology sector and contributing to the localization of jobs and the qualification of human resources.
5. Encouraging and supporting research and development in the telecommunications and information technology sector.
6. Issuing and updating policies relating to emerging technologies and the Internet, and communicating such policies to relevant agencies.
7. Conducting a periodic comprehensive review of the performance of the telecommunications and information technology sector taking into consideration the approved policies, and publishing the results thereof to the public.
8. Developing digital economy policies, standards, and procedures in a manner that allows the telecommunications and information technology sector to contribute to the stimulation of the economy, and taking the measures necessary to facilitate the use of telecommunications and information technology in the fields of digital economy.
9. Enhancing standards and procedures relating to digital transformation and the digital government as well as the mechanisms for implementing the same among relevant agencies.
10. Taking necessary arrangements, in coordination with the Commission, to ensure the continuation of the provision of basic telecommunications and information technology services if a service provider is unable to provide such services, in accordance with the rules and procedures specified by the Regulations.
11. Ensuring the availability of Universal Service and Universal Access.
The provisions of this Article may be amended pursuant to a resolution by the Council of Ministers.

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Chapter 2: Licenses

Article 4

1. Fees, to be deposited with the State treasury, shall be collected for the issuance and renewal of licenses, the commercial provision of telecommunications or information technology services, and the use of frequencies.
2. An amount, to be determined by the Ministry in agreement with the Ministry of Finance and the Non-Oil Revenue Development Center, shall be deducted for the benefit of the Ministry from the fees collected for the commercial provision of telecommunications or information technology services; such amount shall be used for the development of the telecommunications and information technology sector and the infrastructure.
3. Subject to Article 2 of this Law, the Ministry shall, pursuant to a proposal by the Commission, determine the fees for the commercial provision of telecommunications or information technology services, the issuance and renewal of licenses, and the use of frequencies.

Article 5

1. A license must be obtained from the Commission prior to undertaking any of the following:
a) Providing telecommunications services to the public or using a telecommunications network for such purpose.
b) Providing an infrastructure service for public telecommunications networks.
c) Using any frequency spectrum or numbering resource.
d) Providing registration services for Saudi domain names or establishing registration centers therefor.
2. The Board may, without prejudice to the powers of other relevant agencies, require obtaining a license or registration from the Commission in the following cases:
a) Providing specific services related to telecommunications or information technology, including digital content platforms. The Board shall determine the nature of such services and the provisions related thereto.
b) Possessing or using devices related to telecommunications or information technology.
c) Establishing a private telecommunications network.
The Board shall set the controls for obtaining a license, registration, or permit.
3. The Commission shall determine the cases requiring its approval prior to connecting a private telecommunications network to a public telecommunications network.

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Article 6

1. The Commission may, in any of the following cases, reject an application for the renewal of a license, registration, or permit; or cancel, suspend, or amend a license, registration, or permit:
a) Failure of the licensee, registrant, or permittee to remedy a violation committed thereby within a reasonable period specified by the Commission.
b) Termination or dissolution of the licensee, registrant, or permittee.
c) Any other case specified by the Regulations.
2. The Board may, pursuant to a reasoned decision, cancel, suspend, or amend any license, registration, or permit in case of changes in the technology, market conditions, or the National Frequency Spectrum Plan, in accordance with the procedures specified by the Regulations.
3. The licensee, registrant, or permittee may apply to the Commission to cancel, amend, or suspend the license or registration issued thereto.
4. If the license is suspended, canceled, or not renewed, the Commission shall take the measures necessary to ensure the continuation of service in accordance with the rules and procedures specified by the Regulations.
5. The Regulations shall specify the provisions relating to the cancellation, suspension, or amendment of a license, registration, or permit, and the provisions necessary to ensure the continuation of service.

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Article 7

  • Without prejudice to other laws, a service provider must obtain the following:

a) The Commission's approval prior to undertaking either of the following:
i. A significant change in the ownership of the licensee or registrant.
ii. Assignment of the license, registration, or permit to a third party.
b) A no-objection statement from the Commission when making a significant change in the senior management of the licensee or registrant.
2. The Regulations shall determine the controls and procedures necessary for obtaining the approval and the no-objection statement referred to in paragraph (1) of this Article. In all cases, the Commission shall issue its decision within a period not exceeding 90 days from the date the application is completed. The lapse of the period stipulated in this paragraph without the issuance of a decision by the Commission shall be deemed an approval.

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