The provision under Bahrain RPDPL Art.2(2)(c) clearly states that the law applies to entities that are not established in Bahrain but use means situated in Bahrain for data processing, unless it is solely for transit purposes. This emphasizes the territorial aspect of the law's applicability, focusing on the location of data processing activities rather than just the entity's establishment.

The use of the phrase "means situated in the Kingdom" indicates that the law applies to any equipment or means used for data processing that are physically located within Bahrain, regardless of the entity's residency or business presence.

Implications

For businesses, this means that any entity processing data using equipment located in Bahrain, regardless of its establishment or residency status, must comply with the data protection law. This includes adhering to the principles of lawful processing, ensuring data subjects' rights are respected, and implementing appropriate security measures to protect personal data.

Examples of cases where the law applies due to this factor include:

• A company headquartered outside Bahrain but using data centers or third-party data processors located in Bahrain.
• A foreign entity processing personal data of Bahraini residents using equipment situated in Bahrain.

Conversely, the law does not apply to entities that process data outside Bahrain unless they use means situated in Bahrain for purposes other than transit.