Electronic Transactions Law, penalties for personal-data violations
Electronic Transactions Law No. 20 of 2014, arts. 37, 39 and 40
In force.
An enforcement supervision rule binding public and private bodies.
- Enforcement body
- Public Prosecution of Kuwait
- Obligation class
- Governance
What it requires
- Do not violate Article 32 or Article 35 items (a) and (b), which carry criminal penalties; a company is jointly responsible for the financial penalties and compensation when an employee acting for it commits the violation (Articles 37 and 39).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 37 punishes a violation of Article 32 or of Article 35 items (a) and (b) with imprisonment of up to three years and a fine of 5,000 to 20,000 dinars, or either of them, and doubles the punishment on repetition.
Penalty structure
Article 37 sets a fine of no less than 5,000 and not more than 20,000 dinars, or imprisonment of up to three years, or both, and doubles the punishment on repetition.
- Rule
- Fixed only
- As of
- Minimum
- 5,000
- Currency
- KWD
- Fixed cap
- 20,000
What this law does
Article 37 punishes with imprisonment of up to three years and a fine of 5,000 to 20,000 dinars, or either of them, any person who commits one of the offenses it lists. The violation of Article 32 and Article 35 items (a) and (b) is listed in Article 37 as item (F). Article 37 doubles the punishment where any of those crimes is repeated.
Under Article 39, a juridical person is jointly responsible for the judged financial penalties and compensation if one of its employees committed the violation on its behalf. Under Article 40, the public prosecution alone has jurisdiction over investigation and pleading in the crimes the Law sets out.
When LexLint raises it
When your app profile says your app processes personal data.
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