Regulatory and Supervisory Requirements
Article (19)
SAMA may conduct regular or unexpected inspection, through its inspectors or external auditors, to check the company’s accounts and records, and the company’s staff must cooperate and provide any information or data requested.
Article (20)
1. The company shall provide SAMA with the following: a. quarterly financial statements within a month from the end of the quarter, and the final audited statements within two months from the end of the fiscal year; and b. a report assessing the efficiency and effectiveness of computer systems used by the company, including the systems for collecting and keeping data. The report shall be provided annually and approved by a certified advisory office. 2. SAMA may request any other data or information as required. Article (21)
Companies shall sign membership agreements approved by SAMA with any party that wishes to obtain credit information about consumer credit records. Such agreements shall indicate rights and obligations of the parties. Each party after signing the agreement will be regarded as a "member".
Article (22)
Credit information shall be shared among companies that are governed by the Law according to bi-lateral or multi-lateral agreements or contracts entered into between such companies. These agreements and contracts shall specify the parties' rights and obligations, documents to be provided concerning such information, validity, method of extension or renewal, and financial charges to be paid. They shall be submitted to SAMA to obtain its non-objection.
Article (23)
Companies shall prepare regular records containing (natural and legal) consumers’ names, capacities, addresses, workplaces, nature of business and credit information.
Article (24)
Companies shall regularly prepare records containing the names of members and companies they are transacting with, whether credit information companies or any other companies governed by the Law and its Implementing Regulations, as well as the agreements and contracts signed with each company, their durations and conditions.
Article (25)
Companies shall take all measures and precautions necessary to ensure soundness, accuracy, integrity and completeness of information obtained according to the Law and its Implementing Regulations and shall:
1. not collect credit information from any party prior to signing a membership agreement with that party; 2. gather credit information from members in line with the criteria approved by the company and which include administrative, technical and legal requirements as well as the working rules approved by SAMA; 3. take the necessary actions to ensure that there are reasons for the member’s request for credit information; and 4. inform the member of his obligations according to the Law and its Implementing Regulations.
A company shall be held responsible to the parties transacting with it, i.e. public and private institutions/ agencies, firms and consumers, for any invalid or false information and data it provides. However, this will not waive the company’s right of recourse against a member for any damages the company incurs once it proves the member's deception and misleading information.
Article (26)
Companies shall establish data and information security protection controls for the information they have or obtain, and they shall:
1. record, maintain, reconcile, collect, process and classify credit information in a proper and suitable manner to facilitate reference to such information; 2. protect information from loss, which includes the adoption of backup systems and the development of contingency recovery plans as well as business continuity plans; 3. protect credit information from unauthorized access, usage, modification, or disclosure in violation of the Law and its Implementing Regulations; 4. establish controls and procedures to be applied upon members' request to check credit records; 5. review the company’s staff confidentiality controls regularly; 6. review usage patterns of information systems regularly to detect and investigate any unusual usage patterns; 7. maintain records for all access, modification and audit cases of credit information database, including previous enquiry records as well as all incident records that imply confirmed or suspected violations; and 8. provide sufficient knowledge to the authorized member representatives concerning the international best security practices relating to the working rules. Article (27)
Prior to providing a member with any credit record, the company shall:
1. verify the identity of the applicant and purpose of such a request; 2. obtain the member's undertaking that the information will not be used except for the reasons specified in the application; and 3. ensure that the credit information provided is accurate and up to date. Article (28)
With due consideration to these Implementing Regulations, the company may not issue any credit record on a consumer except based on:
1. the member's request and consent of the consumer involved; 2. a request from a local competent dispute settlement body; 3. SAMA's request; or 4. the consumer’s request. Article (29)
Companies shall procure an insurance policy from an authorized insurance provider in Saudi Arabia to cover its liabilities arising from failure, negligence or errors in the provision of credit information services.
Article (30)
The company may not sell, rent or assign its databases except to another licensed credit information company, and after obtaining SAMA’s prior written approval. Upon dissolution of the company for any reason, its databases will go to SAMA or any other organization designated by SAMA.
Article (31)
Companies shall obtain SAMA's prior written approval on the pricing policy for their provided services that are governed by the Law and its Implementing Regulations, except as stipulated in Article (43) of these Implementing Regulations.
Article (32)
With due consideration to Article (12) of these Implementing Regulations, companies will collect credit information on consumers from all available sources such as public records and financial institutions whose nature of work involve providing credit in addition to consumers’ current and previous places of work, chambers of commerce and industry, and other related organizations and sources.
Article (33)
Companies shall establish a complaints settlement department and develop a procedural manual for processing consumer complaints to be published after obtaining SAMA’s approval. The manual shall include procedures that ensure:
1. full understanding of each employee who gets in touch with consumers about these procedures; 2. complete and immediate investigation into any complaint; and 3. maintenance of a record for written complaints and documentation of the actions taken. Article (34)
Companies shall prepare a procedural manual for consumer awareness of credit information and submit it to SAMA for its approval.