Home / Knowledge Hub / News
UAE: Proposed data protection amendments “seek to close loopholes”
Click here to view the article online.
The Abu Dhabi Global Market (‘ADGM’) launched, on 4 May 2017, a consultation on the Data Protection (Amendment) Regulations 2017 (‘the Proposed Amendments’), which would amend the Data Protection Regulations 2015 (‘the Regulations’). The Proposed Amendments would introduce significant changes to the capabilities of the ADGM Registration Authority (‘the Registrar’), including broader enforcement powers to ensure compliance with the Regulations.
Hadeel Mohamed, Associate at BSA Ahmad Bin Hezeem & Associates LLP, told DataGuidance, “Since the need for providing security is as old as the history of mankind, the Proposed Amendments aim to increase the authority of the Registrar by granting him the right to designate the jurisdictions [that provide an adequate level of protection and] to which personal data can be transferred, or to withdraw such a designation […] The enforcement [provisions introduced by] the Proposed Amendments are important for preventing business losses from a security incident. It is necessary to ensure that no loopholes may be found [by incorporating a high standard] of protection of personal data.”
In addition, the Proposed Amendments contain a grandfathering clause which provides that a legally binding agreement containing model data transfer clauses, concludedbefore the Proposed Amendments enter into force, will remain effective.
Moreover, theProposed Amendments include expanding the definition of personal data to also include the relevant filing system, as well as expanding the notion of sensitive personal data to cover criminal records. Additionally, it imposes a time limit of one month to notify the Registrar of the intention to renew registration, any change to the details of the controller or processor, and the appointment of a data processor.
Bin Daher explained, “Since the Regulations took effect in 2015, the Registrar has kept itself abreast of international developments and revolving needs in this area and [has] identified aspects of the legislation to update for improved clarity and effectiveness […] The current framework enables the Registrar to issue a direction in the event of a contravention of the Regulations. As part of the Proposed Amendments, the Registrar will be able to issue a fine not only for failure to follow a direction but in respect of a contravention itself. [This will] provide improved flexibility of approach and effectiveness in the ADGM’s enforcement of the data protection regime.”
After the consultation period closes on 30 May 2017, all comments will be reviewed and the ADGM will consider if any modifications to the Proposed Amendments are needed. The final Data Protection (Amendment) Regulations 2017 will be submitted to the the ADGM Board of Directors for approval.
The Abu Dhabi Global Market (‘ADGM’) launched, on 4 May 2017, a consultation on the Data Protection (Amendment) Regulations 2017 (‘the Proposed Amendments’), which would amend the Data Protection Regulations 2015 (‘the Regulations’). The Proposed Amendments would introduce significant changes to the capabilities of the ADGM Registration Authority (‘the Registrar’), including broader enforcement powers to ensure compliance with the Regulations.
Hadeel Mohamed, Associate at BSA Ahmad Bin Hezeem & Associates LLP, told DataGuidance, “Since the need for providing security is as old as the history of mankind, the Proposed Amendments aim to increase the authority of the Registrar by granting him the right to designate the jurisdictions [that provide an adequate level of protection and] to which personal data can be transferred, or to withdraw such a designation […] The enforcement [provisions introduced by] the Proposed Amendments are important for preventing business losses from a security incident. It is necessary to ensure that no loopholes may be found [by incorporating a high standard] of protection of personal data.”
In addition, the Proposed Amendments contain a grandfathering clause which provides that a legally binding agreement containing model data transfer clauses, concludedbefore the Proposed Amendments enter into force, will remain effective.
Daher Bin Daher, CEO of the Registrar, stated, “Regarding the designation of jurisdictions with an adequate level of protection, [the Proposed Amendments] relate to [the criteria] by which jurisdictions are designated, and will have a negligible impact on cross-border data transfers.”Since the Regulations took effect in 2015, the Registrar has kept itself abreast of international developments […] and [has] identified aspects of the legislation to update for improved clarity and effectiveness
Moreover, theProposed Amendments include expanding the definition of personal data to also include the relevant filing system, as well as expanding the notion of sensitive personal data to cover criminal records. Additionally, it imposes a time limit of one month to notify the Registrar of the intention to renew registration, any change to the details of the controller or processor, and the appointment of a data processor.
Bin Daher explained, “Since the Regulations took effect in 2015, the Registrar has kept itself abreast of international developments and revolving needs in this area and [has] identified aspects of the legislation to update for improved clarity and effectiveness […] The current framework enables the Registrar to issue a direction in the event of a contravention of the Regulations. As part of the Proposed Amendments, the Registrar will be able to issue a fine not only for failure to follow a direction but in respect of a contravention itself. [This will] provide improved flexibility of approach and effectiveness in the ADGM’s enforcement of the data protection regime.”
After the consultation period closes on 30 May 2017, all comments will be reviewed and the ADGM will consider if any modifications to the Proposed Amendments are needed. The final Data Protection (Amendment) Regulations 2017 will be submitted to the the ADGM Board of Directors for approval.
| Published: | May 2017 |
| Title: | UAE: Proposed data protection amendments “seek to close loopholes” |
| Publication: | DataGuidance |
| Authors: | Hadeel Mohamed |
Related Insights
Dubai’s new virtual assets law will lead to increased investments by firms already in the crypto industry
Dubai’s new virtual assets regulatory law – and the corresponding...
Mind the Data Protection Gap: Oman's new Data Protection Law
What’s happened and why? Oman has recently promulgated the Personal...
Data Protection in Oman: An enhanced framework
Post pandemic where the world has become more digital, the...
White paper: Cybersecurity for SMEs in a Post-Covid era
Cybersecurity for SMEs in a Post-Covid era In a post-Covid...
Precautions to consider prior to investing in a UAE business
There are a number of precautions that ought to be...
The New UAE Health Data Law - an In-Depth Look
The following article was originally published for BSA in the...
UAE Project of the 50: New Data Law
This article explains the recent developments relating to UAE’s new...
How the UAE ITC Data Law impacts businesses
The following article was originally published for BSA on SME10X....
SVB's Collapse: Implications for FinTech Startups in the Middle East
The factors that contributed to the collapse of Silicon Valley Bank were complicated and varied. Certain professionals have identified the...
FIDIC any longer?
If they are heavily amended, are they FIDIC contracts any longer? Antonios Dimitracopoulos, FCIArb, Partner, BSA Ahmad Bin Hezeem &...
ICLG: An update to the TMT Laws and Regulations in the UAE for 2023
The following chapter, written for ICLG.com, covers Telecoms, Media and Internet Laws and Regulations in the UAE. The chapter can...
The Court of the Future: The DIFC's Digital Economy Court
The DIFC’s Digital Economy Court paves the way for the resolution of emerging disputes with a new set of specialised...
UAE Unemployment Insurance: A Welcome Change
The UAE unemployment insurance scheme recently came into effect, as such Simon Isgar provided an in-depth look at the scheme...
Foreign investors to benefit from Dubai’s REIF reforms
Senior associate Michèle El Khoury examines recently introduced reforms to real estate investment funds in Dubai, for Global Restructuring Review,...
BSA launches first of it’s kind UAE Law Precedent Book
BSA was pleased to launch a new, and first of its kind, UAE Law Precedent Book at the World Litigation...
Arbitral Tribunal Recognises Estoppel by Convention as Forming Part of DIFC Law
BackgroundIn a significant recent award, a Tribunal appointed by the LCIA held that the doctrine of estoppel by convention forms...
UAE Corporate Tax: What you need to know
As per our Article published regarding Corporate Tax in the UAE and our Interview on Corporate tax which is available...
2021 Commercial Companies Law – infusing flexibility and growth into Public Joint Stock Companies
Federal Law No. 2 of 2015 on Commercial Companies (“CCL 2015”) introduced numerous provisions regarding record keeping and reporting and,...