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PDPL (UAE)

Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (UAE)

In force privacy

WhenIn effect since 2 January 2022

Who enforces itUAE Data Office

Who it applies toProcessing of personal data in the UAE outside the free zones with their own laws, such as DIFC and ADGM.

Tell the regulatorNotify the Data Office on becoming aware of a breach prejudicing privacy, within a period the… DPO requiredDPO required for high-risk processing, systematic assessment of sensitive data including profi… RegistrationNo controller registration or licensing Transfers abroadTransfer to countries with adequate protection approved by the Data Office, or via contract, e… Request deadlineNo fixed response period Maximum fineNo fines in force

If you already comply with

86%

of UAE (federal)'s 21 requirements are already met by European Union (GDPR). Here is what PDPL (UAE) adds, biggest gaps first.

Lawful basisReach and lawful basisBig gap

GDPR1 Six lawful bases, including consent, contract, legal obligation, vital interests, public task and legitimate interests.

PDPL (UAE) adds3 Processing without consent is prohibited except in listed cases (public interest, contract, legal obligation, public data and others); no legitimate interests ground. Art. 4 · source ↗

Reach abroadReach and lawful basisGap

GDPR2 Applies to non-EU controllers offering goods or services to, or monitoring the behavior of, people in the EU.

PDPL (UAE) adds3 Applies to controllers and processors outside the UAE that process personal data of data subjects inside the State. Art. 2(1)(c) · source ↗

ConsentReach and lawful basisGap

GDPR2 Consent must be freely given, specific, informed and unambiguous by clear affirmative action, and the controller must be able to demonstrate it.

PDPL (UAE) adds3 Controller must prove consent; it must be specific, clear, unambiguous, in writing or electronic form, and easy to withdraw. Arts. 1, 6 · source ↗

Already covered by GDPR: Sensitive data, Children, Rights, Request deadline, Marketing, DPO required, DPO qualifications, Registration, DPIA, Records, Retention, Tell the regulator, Tell people, Transfers abroad, Localization, Maximum fine, Criminal liability, Private action.

A gap means PDPL (UAE) is more demanding than GDPR on that requirement, on our 0 to 3 scale (how we score). Read the cited section before acting. Not legal advice.

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