Evaluating How Well The New Saudi Arabia Ecommerce Law Protects Consumers

Abstract

This dissertation critically examines Saudi Arabia’s e-commerce law, Royal Decree No. M/126, highlighting its shortcomings and offers recommendations that could improve consumer protection and promote foreign investment attraction. This dissertation acknowledges the significant step taken by the Saudi government in issuing the law as part of their 2030 economic vision. However, the dissertation notes the ambiguity in the legal definitions of the Royal Decree, the absence of competent jurisdictional authority in its enforcement, inadequate provisions for informed consent, and the absence of a comprehensive online dispute resolution framework. Accordingly, the dissertation includes a comparative analysis of regulations in Western jurisdictions, primarily the United States and Europe, to propose enhancements to Saudi Arabia's e-commerce law. The recommendations included in the dissertation include a clear timeline for transaction cancellation or rectification, an improved data access and protection framework emulating the European Union's General Data Protection Regulation (GDPR), and the introduction of a data subject access request. Further, the dissertation advocates for a balance between consumer protection and business interests via a 'Legitimate Interest' clause and proposes the establishment of a strong arbitration environment. These improvements discussed in this dissertation could promote e-commerce growth and confidence in Saudi Arabia's digital market.