EGYPT Law and Practice Contributed by: Ibrahim Shehata, Tasneem El-Naggar and Safa Rabea, Shehata & Partners
For harmful intent or material benefit If the violation is committed in exchange for a material or moral benefit, or with the intent to harm or endanger the data subject, the penalty escalates to imprisonment of no less than six months or a fine ranging from EGP200,000 to EGP2 million, or both. For hindering the rights of data subjects Any holder, controller or processor who, without lawful justification, denies a data subject their rights under the PDPL shall face a fine ranging Any individual who violates the provisions gov - erning the transfer of personal data across bor - ders is subject to imprisonment for a minimum of three months or a fine ranging from EGP500,000 to EGP5 million, or both. For sensitive personal data handling from EGP100,000 to EGP1 million. For cross-border data transfers Any holder, controller or processor who collects, processes, circulates, discloses, stores, trans - fers or saves sensitive personal data without the consent of the data subject or outside the legally authorised circumstances will face imprisonment for a minimum of three months or a fine ranging from EGP500,000 to EGP5 million, or both. For violation of licences, permits or certifications A fine ranging from EGP500,000 to EGP5 million will be imposed on any individual who breaches the provisions regarding licences, permits or cer - tifications under the PDPL. These provisions are designed to ensure strict compliance with the PDPL. The penalties scale with the gravity of the violation, particularly when sensitive data or cross-border transfers
are involved, reflecting the heightened risks to individuals’ privacy and security. 1.4 Data Protection Fines in Practice There have been no recent data protection administrative proceedings, as the PDPC has not yet been established and the PDPL Execu - tive Regulations have not yet been issued. Since the PDPC is designated as the primary data protection regulator in Egypt, its estab - lishment is a prerequisite for the enforcement of activities. However, it is anticipated that the PDPL Executive Regulations will soon be issued. 1.5 AI Regulation Implications for Data Protection Recent developments in AI regulation Egypt has made significant progress in recent years to regulate AI. The National Council for Artificial Intelligence (NCAI), established under Cabinet Decree No 2889/2019, plays a pivotal role in managing the Egyptian AI strategy, focus - ing on innovation, research and socio-economic development. In addition, the Egyptian Charter for Responsible AI, issued in 2023, serves as a framework for ethical and responsible AI prac - tices, aligning Egypt with global standards such as those of UNESCO and the OECD. Implications for data protection in the context of AI systems AI systems rely heavily on the collection and processing of personal data. Egyptian law addresses this through safeguards under the PDPL, including: • legitimate purpose – personal data must be collected for legitimate, specific and declared purposes;
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