دراسة نقدية للائحة التنفيذية لقانون حماية البيانات الشخصية المصري: مشروعية التنظيم وكفاءته الوظيفية

Abstract

This study provides a critical and analytical examination of the Executive Regulations of the Egyptian Personal Data Protection Law (Law No. 151 of 2020), promulgated by the Minister of Communications and Information Technology Decree No. 816 of 2025. The analysis spans several axes: initially exploring the implications of the temporal gap between the enactment of the Law and the issuance of its Regulations, along with the Law’s impact on the latter; proceeding to evaluate the consistency and adequacy between the Law and the Regulations, as well as the internal consistency of the Regulations themselves; and concluding with an assessment of their economic and technological impacts.
Methodologically, the study adopts a critical analytical approach to evaluate the legality and coherence of the Regulations, specifically scrutinizing their adherence to the boundaries of legislative delegation. The analysis reveals a methodological defect and a fundamental inconsistency between the Regulations and the Law. This stems from the Regulations’ reliance on a structural framework confined to the direct cross-references explicitly stated in the Law, while disregarding substantive interconnections. Furthermore, the Regulations unlawfully expand the powers of the Center beyond the permissible scope of legislative jurisdiction and delegated authority. In certain sections, the study also employs a comparative methodology to assess legislative harmonization with the legal, technical, and economic frameworks governing the global data economy, ultimately highlighting the distinct divergence of the Egyptian approach from the comparative models.
Furthermore, the research discusses the economic and technological implications of the Regulations, highlighting the challenges imposed by the overarching regime of licenses, fees, and penalties. It critiques the monolithic technical and operational architecture underlying the Regulations, demonstrating its friction with the fundamental dynamics of modern technologies and agile business models.