Violating the PDPL can result in fines ranging from 500 Rial Omani to 500,000 Rial Omani depending on the nature of the violations as specified by the provisions of articles 25 to 29 of the PDPL.

Minor Violations

The smallest penalty under the PDPL is a fine between 500 and 2,000 Rial Omani if a person violates article 14 of the law, which requires a data controller to notify a data subject in writing of a specific set of information prior to processing the personal data.

Moderate Violations

The next scale of penalties is a fine between 1,000 and 5,000 Rial Omani, which is imposed if a person violates articles 15, 16, 17, 18, 20, or 22 of the law. Examples of such violations would be the failure to appoint an external auditor to verify that the processing is conducted in accordance with the law.

Serious Violations

If a person violates the provisions of article 13, a fine will be imposed against them between 5,000 and 10,000 Rial Omani. This article is violated if a data controller fails to put in place controls and procedures required to comply with data processing requirements, such as controls for determining the risks that a data subject is exposed to when their personal data is processed.

Major Violations

Higher fines are imposed for those who violate the provisions of articles 5, 6, 19, and 21 that range between 15,000 and 20,000 Rial Omani. Violations that can result in such fines include processing sensitive personal data, such as the processing of fingerprints, without the prior permission of the MTCIT.

Grave Violations

The biggest fine under the law, and probably one of the biggest fines in the whole Omani legal system, is the fine imposed when someone violates the provisions of article 23, which can result in a fine between 100,000 and 500,000 Rial Omani. This fine will be imposed when a person processes personal data outside the Sultanate of Oman in violation of the law.

Conclusion

The penalties imposed under the Personal Data Protection Law are extremely serious and can go up to 500,000 Rial Omani. It is highly recommended that all companies make themselves familiar with the Personal Data Protection Law by reading it on the link below:

Written by:

Wedd Al-Zadjali

Wedd is a legal intern at Decree. She has previously interned in a local law firm as well as in a telecom company. She holds a BSc in Criminal Justice and Criminology from the University of Portsmouth.

Lunch breaks form an essential part of Oman’s labour framework. They are are designed to safeguard employee welfare, maintain balanced working conditions, and promote sustainable productivity. Article 70 of the Labour Law expressly provides that workers are entitled to a one-hour daily rest and eating break. This period is excluded from the calculation of actual working hours, and this was confirmed in Supreme Court (Labour Circuit) Contestation 766/2017 where the court held that the legally mandated one-hour break is not counted toward overtime calculation.

The fact that the lunch hour is not counted towards working hours means that when the Labour Law stipulates that the maximum working hours are 40 hours per week, these 40 hours do not include the lunch break, and this means that the lunch break is an additional time on top of the 40 hours.

Another key attribute of the lunch break hour is that it is mandatory, which means that the employer cannot agree with the worker not to have a lunch break so that the worker can leave work early, or to agree with him to have the lunch break as a shorter period than one hour.

If we combine this with the fact that the Labour Law also prohibits making the worker work for more than six continuous hours, this means that it is also not possible for the employer to agree with the worker to work for eight hours and have the lunch break hour at the end of the eight hours, effectively removing all legal grounds for the worker to demand to leave work early if the worker chooses not to have a lunch break.

Conclusion

The mandatory lunch break serves important legal and practical purposes: Protecting employee health and well-being, preventing excessive working hours, ensuring proper overtime calculation, supporting fair labour practices and promoting structured and humane working conditions. However, one can argue that making this hour mandatory can remove flexibility in the workplace if certain workers choose not to have lunch or agree to a shorter lunch break so that they can leave work early.

You can read the full text of the Labour Law in English on the link below:

Written by:

Wedd Al-Zadjali

Wedd is a legal intern at Decree. She has previously interned in a local law firm as well as in a telecom company. She holds a BSc in Criminal Justice and Criminology from the University of Portsmouth.