Data Protection

Data Protection Regime in DIFC: Data Protection Law No. 5 of 2020

A new Data Protection Law i.e. DIFC  Protection Law number 5 of 2020 (‘DP Law’; ‘new law’) Data Pro has been enacted in DIFC which is effective from 1 July 2020.

Applicability

The law necessitates all the entities operating within DIFC to ensure compliance with the relevant provisions of this law applicable to them.

Summary

As per the new law the entities have to assess the purpose of obtaining, processing and recording of personal data obtained from the clients, employees, suppliers or stakeholders and it is based on the concept of data protection by design.

Key Provisions of the Law

Enhanced transparency requirements and establishes accountability of Controller and
Processer for maintenance of records.
▪ Requirement for classification for personal data, special categories of personal data and highrisk processing activities.
▪ Introducing the role of Data Protection Officer (‘DPO’), for Processors or Controllers who are
conducting the High-Risk Processing activities.
▪ Additional controlling measures for transferring of information / data outside DIFC to
unauthorized jurisdictions having inadequate data protection rules.
▪ New and enhanced data subject rights which are covering the principles of General Data
Protection Rights (GDPR).
▪ Hefty fines non-compliance with the requirements.

Requirement for the entities to:

❑ Review and update their internal controls and
framework
❑ Prepare Data Protection Policy
❑ Instil reporting requirements
❑ Develop Consents Forms
❑ Privacy Statements
❑ Appointment of DPO (if applicable)
❑ Contractual Agreements
❑ Propagating data subject rights
❑ Data breach register
❑ Employee training
❑ Record retention and destruction
procedures

How we can help you

Our team of dedicated professionals can assist you in the assessing the impact of new Data Protection Law on your operations, to identify the weaknesses and improvement opportunities. In addition, we can also help you in remediating the identified weaknesses and improvement
opportunities.