The provision under Bahrain RPDPL Art.2(2) outlines the scope of application of the law, including entities that are habitually resident or have a place of business in Bahrain, as well as those that process data using means situated in Bahrain, unless it is solely for transit purposes.

The use of the phrase "Every natural or legal person not habitually resident nor maintains a place of business in the Kingdom, but processes data by using means situated in the Kingdom" indicates that the law applies to entities that, although not established in Bahrain, use means located in Bahrain for data processing. 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.

However, the specific factor of "Processing by Entity Registered or Incorporated in Jurisdiction" is not directly addressed in the provided provision. Instead, the provision focuses on the location of data processing activities and the residency or business presence of entities in Bahrain.

Implications

For businesses, this means that any entity processing data using means situated 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 in Bahrain.
• A branch of a foreign company located in Bahrain handling employee personal data.

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.