Bahrain Data Protection Law: Processing by Local Establishment

The factor of Processing by Local Establishment is used in determining the law's applicability by ensuring that entities established in Bahrain are subject to the local data protection laws governing their data processing activities.

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

The Bahrain Personal Data Protection Law (RPDPL) specifies that the law applies to natural persons who are either habitually resident in Bahrain or maintain a place of business in the country. This provision indicates that the law's applicability is based on the physical presence or establishment of individuals within Bahrain's territory.

The use of the term "habitually resident" suggests that the law applies not only to Bahraini citizens but also to foreign nationals who have established a regular presence in the country. Additionally, the phrase "maintains a place of business" extends the law's reach to individuals who conduct business activities within Bahrain, regardless of their residency status.

Implications

The inclusion of this factor has significant implications for individuals and businesses operating in Bahrain:

1. Residency: Individuals who are habitually resident in Bahrain, whether citizens or expatriates, must comply with the data protection law when processing personal data.
2. Business operations: Any individual who maintains a place of business in Bahrain is subject to the law, even if they are not habitually resident in the country. This could include, for example, sole proprietors or freelancers who have a registered business address in Bahrain.
3. Remote workers: The provision may also apply to individuals who work remotely for Bahraini companies or maintain a virtual office in Bahrain, as they could be considered to "maintain a place of business" in the country.
4. Compliance requirements: Individuals falling under this provision must ensure that their data processing activities comply with all aspects of the Bahrain Personal Data Protection Law, including data collection, storage, use, and transfer practices.
5. Cross-border considerations: International businesses or individuals who have any form of establishment in Bahrain should be aware that their data processing activities may be subject to this law, even if their primary operations are conducted elsewhere.