Take-Aways (AI)
  • A new UAE data pro­tec­tion law (Fede­ral Decree-Law No. 45/2021) comes into force and is expec­ted to app­ly to data pro­ce­s­sing, inclu­ding out­side the UAE, from Sep­tem­ber 20, 2022.
  • The law regu­la­tes lawful data pro­ce­s­sing, data sub­ject rights, data pro­tec­tion offi­cers, breach noti­fi­ca­ti­ons and cross-bor­der data trans­fers; DIFC and ADGM excluded.

At the end of Novem­ber 2021, the United Arab Emi­ra­tes has new data pro­tec­tion regu­la­ti­ons enac­ted (Media release), Fede­ral Decree-Law No. 45 of 2021.

The new law applies to the pro­ce­s­sing of per­so­nal data also by data con­trol­lers out­side the UAE, inso­far as pro­ce­s­sing acti­vi­ties affect affec­ted per­sons in the UAE. Howe­ver, the law does not app­ly to health data and ban­king and cre­dit data, which are regu­la­ted by sepa­ra­te decrees.

The law is expec­ted to be published on Janu­ary 2, 2022, and imple­men­ting regu­la­ti­ons are expec­ted by March 20, 2022. Com­pa­nies must com­ply with the law six months after the publi­ca­ti­on of the imple­men­ting regu­la­ti­on, which is expec­ted to be from Sep­tem­ber 20, 2022.

The law con­ta­ins pro­vi­si­ons on the fol­lo­wing topics, among others:

  • lawful pro­ce­s­sing of per­so­nal data;
  • Appoint­ment of data pro­tec­tion officers
  • Machi­ning directory;
  • Order pro­ce­s­sing;
  • Impact Assess­ments,
  • Data breach notifications,
  • Rights of data subjects;
  • cross-bor­der data transmission.

The law does not app­ly to free zones with their own data pro­tec­tion laws. This refers to the Dubai Inter­na­tio­nal Finan­cial Cent­re (DIFC) and Abu Dha­bi Inter­na­tio­nal Finan­cial Cent­re (ADGM), both of which have their own pri­va­cy policies.