Long-Term Residency Threshold for Data Protection Law Applicability in Bahrain

Bahrain's Personal Data Protection Law uses habitual residency as a key factor in determining the law's applicability to natural persons.

Text of Relevant Provisions

RPDPL Art.2(2)(a):

"This Law shall apply to the following persons: Every natural person who is habitually resident in the Kingdom or maintains a place of business in the Kingdom;"

Analysis of Provisions

Bahrain's Personal Data Protection Law applies to natural persons based on two criteria:

1. Habitual residency in Bahrain
2. Maintaining a place of business in Bahrain

The use of the term "habitually resident" suggests that the law applies to individuals who have established a regular presence in Bahrain, rather than temporary visitors or tourists. This aligns with the concept of long-term residency thresholds seen in other jurisdictions.

The provision also extends the law's applicability to those who "maintain a place of business in the Kingdom", even if they are not habitually resident. This broadens the scope to include individuals who may not live in Bahrain full-time but have significant business ties to the country.

Implications

The implications of this provision for businesses and individuals are significant:

1. Expatriate workers: Long-term expatriate workers in Bahrain are likely to be considered "habitually resident" and thus subject to the law's protections and obligations.
2. Business owners: Individuals who own or operate businesses in Bahrain fall under the law's purview, regardless of their residency status.
3. Remote workers: The law may apply to individuals who work remotely for Bahraini companies, if they maintain a "place of business" in the Kingdom, even if they reside elsewhere.
4. Data controllers and processors: Organizations processing personal data of individuals habitually resident in Bahrain or maintaining a place of business there must comply with the law's requirements.
5. Tourists and short-term visitors: The law likely does not apply to the personal data processing activities of tourists or short-term visitors who are neither habitually resident nor maintain a place of business in Bahrain.

This approach ensures that the law covers a wide range of individuals with significant connections to Bahrain, while excluding those with only transient ties to the country. It provides a clear framework for determining the law's applicability based on an individual's relationship with the Kingdom, whether through residency or business activities.