UAE Data Protection Law (Federal Decree-Law No. 45 of 2021)
What is the Federal Decree-Law No. 45 of 2021?
Federal Decree-Law No. 45 of 2021 regarding the Protection of Personal Data, commonly known as the UAE Data Protection Law, is a significant legislation that aims to safeguard the privacy and protection of personal data in the United Arab Emirates (UAE). The law was enacted on July 16, 2020, and became effective on December 1, 2020.
It defines personal data as any information related to an identified or identifiable natural person. The law sets forth several key principles that organizations must adhere to when handling personal data, including lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, and accountability.
Why is the UAE Data Protection Law essential?
Compliance with the UAE Data Protection Law is essential to protect individuals against data breaches. The regulations are intended to ensure that organizations prioritize data governance and maintain a central focus on data protection. By adhering to the law’s provisions, businesses can effectively safeguard personal data and mitigate the risks associated with unauthorized access, disclosure, or misuse of sensitive information.
Furthermore, the UAE Data Protection Law represents one of the most comprehensive reforms in recent times concerning data regulation. It sets forth a framework that organizations must follow to handle personal data lawfully, fairly, and transparently. Compliance with the law involves adopting practices that respect the rights of data subjects, such as obtaining proper consent, providing access to personal data, and rectifying any inaccuracies in a timely manner.
Additionally, the UAE Data Protection Law promotes accountability and encourages organizations to implement measures to ensure compliance. This may involve appointing a Data Protection Officer (DPO) to oversee data protection practices, conducting regular data protection impact assessments, and maintaining comprehensive records of processing activities. These accountability measures help organizations identify and address potential risks, ensuring ongoing compliance with the law.
What falls under the purview of Federal Decree-Law No.45 of 2021?
The Federal Decree-Law No. 45 of 2021, also known as the UAE Data Protection Law, encompasses various aspects similar to GDPR compliance. Let’s delve into what falls under the purview of compliance with the UAE Data Protection Law:
- Personal Data Subjects: The law recognizes individuals as owners of their personal data. They have the right to exercise control over their data and determine how it is used.
- Personal Data Controllers: Similar to GDPR, the UAE Data Protection Law identifies personal data controllers. These are individuals or organizations that determine the purposes and means of processing personal data. They decide what data to collect and how it will be used.
- Personal Data Processors: The law also acknowledges personal data processors. These are individuals or organizations that process personal data on behalf of the data controller. Processors handle the data in accordance with the controller’s instructions.
In terms of the data covered by the UAE Data Protection Law, it includes:
- Personal Data: The law protects personal data that is not available in the public domain. This includes information that relates to an identified or identifiable individual. Examples of such data are names, addresses, identification numbers, and other similar identifying information.
- Web Data: The law also covers web data, which refers to information gathered through online activities. This includes location data, IP addresses, cookie data, and RFID tags.
- Special Category Information: Similar to GDPR’s concept of “Special Categories of Data,” the UAE Data Protection Law safeguards specific types of sensitive information. This includes health and genetic data, political opinions, biometric data, racial or ethnic data, and sexual orientation.
It is important to note that the UAE Data Protection Law applies to organizations established in the UAE, as well as those outside the UAE that process the personal data of individuals in connection with offering goods or services to individuals in the UAE or monitoring behavior within the UAE. The law applies to personal data that is not publicly available.
How is BizProspex compliant with these regulations?
BizProspex, as a leading service provider in the business industry, is committed to ensuring compliance with the UAE Data Protection Law (Federal Decree-Law No. 45 of 2021) and other relevant data protection regulations. We prioritize delivering legitimate and accurate data services while upholding the highest standards of privacy and security.
Here’s how BizProspex ensures compliance with the UAE Data Protection Law:
- Understanding Compliance Requirements: We have a deep understanding of the requirements and responsibilities imposed by the UAE Data Protection Law. Our team stays updated with the latest regulations to ensure our practices align with the law’s provisions.
- Assessment of Data Protection Risks: Before initiating any new project, we conduct a thorough assessment of the data protection risks involved. This allows us to identify potential vulnerabilities and develop mitigation plans to address those risks effectively.
- Compliance with Existing Data Protection Plans: For projects that are already in progress or pre-dated, we assess and implement GDPR compliance measures as per the UAE Data Protection Law. We review our existing data protection plans to ensure they meet the necessary requirements and make any necessary improvements.
- Mitigation of Gaps and Risks: If any gaps or risks are identified in delivering our data services, we take immediate action to mitigate them. This involves executing a comprehensive mitigation plan to address the identified issues and enhance our data protection measures.
- Regular Review of Policies and Measures: We have a continuous improvement approach when it comes to information and privacy policies. We regularly review and update our policies and measures to align with the UAE Data Protection Law and industry best practices.
- Data Processor Obligations: As a data processor, we fulfill our obligations under the UAE Data Protection Law. This includes maintaining a record of all categories of processing activities carried out on behalf of our clients (the data controllers).
- Technical and Organizational Security Measures: We ensure that our data processing tasks and projects are appropriately labeled with our company’s registered name and logo, as required by the UAE Data Protection Law.
- Dedicated team of Data Protection Officers: We boast a diligent and efficient team of data security and protection officers handling all the above-mentioned data security tasks, ensuring a systematic and comprehensive assessment of publicly scraped data, including profiling and automated processing.
At BizProspex, we are committed to being a trusted partner for our clients, providing legally compliant data services that meet the highest standards of privacy and security. We prioritize the confidentiality and integrity of personal data, making every effort to ensure compliance with Federal Decree No 45(2021) and relevant data protection regulations.
Disclaimer: The information on this page is being provided for information purposes regarding the operations of BizProspex within the legal ambit. Information contained on or made available herein is not intended to and does not constitute legal advice, recommendations, mediation, or counseling under any circumstance. The use thereof does not create any attorney-client relationship. Do not act or rely on any information provided herein without seeking the advice of attorney licensed to practice for your particular business.