UAE’s Personal Data Protection Law (PDPL) Compliance Services
Vimal Ramachandran, Director
PDPL stands for Personal Data Protection Law, which is a legal framework that governs the protection and processing of personal data in a country.
The UAE Cabinet passed Federal Decree-Law No. 45 of 2021 concerning the Protection of Personal Data on November 28th, 2021. The UAE’s Personal Data Protection Law (PDPL) governs the processing of personal data by any data controller or data processor operating within the country that handles the personal data of UAE citizens living in or visiting the country, using any method, whether fully or partially automated. The PDPL in the United Arab Emirates is applicable to data controllers and processors who handle the personal data of UAE citizens but are not based there.
With features like AI-powered data mapping & discovery, Data Subject Request (DSR) Automation, accountability automation, managing data breaches, and vendor risk assessment, HLB HAMT enables businesses all over the world to guarantee seamless compliance with the UAE’s Personal Data Protection Law. You may examine your organization’s compliance with UAE PDPL regulations, find compliance gaps, and mitigate risks by using our data assessment solution. Expanding assessment skills across your vendor ecosystem in a seamless manner to ensure compliance with the UAE’s PDPL.
UAE Compliance List
A corporation must create a compliance checklist in order to start its compliance efforts if it meets the requirements of the new PDPL as stated above. The following are some of the most important areas to begin with:
Carry out an exercise in data mapping
To begin with, a data mapping exercise will give the data controller an exact understanding of their current position with regard to gathering and retaining data subjects’ information.
Determine the Justification for Processing Personal Data Lawfully
Organizations are only permitted to process personal data legally under the PDPL. Multiple legal justifications for handling personal data are offered by the PDPL.
Provide Suitable Consent Procedures and Guidelines
If your organization uses consent as a legitimate justification for processing data, it has to meet all consent standards. The new PDPL rules make it even more important to obtain proper consent, since accurate wording is crucial. Not only must the wording used to obtain consent be explicit, but it also must be tailored to the intended use of the data acquired by your organization. Additionally, your company ought to give people an easy way to revoke their consent.
Meet Your Obligations for Cross-Border Data Transfer
Transferring data across borders is permitted under the PDPL. But only with the UAE Data Office’s approval can this be carried out. To satisfy the Data Office that the data being transferred will have an “adequate level of protection” wherever it is being transferred, it is the responsibility of the concerned data handler.
Give individuals privacy notices about the processing of their personal data.
Even though it could appear like a routine procedure, it guarantees that every person whose data is being collected is fully informed of the processing operations they will be exposed to. Additionally, it enables the data handler to explicitly state whether they intend to disclose or sell the acquired data to any outside parties. Encouraging the data subjects about these issues can go a long way toward the company’s overall compliance with data regulations.
Determine If a Personal Information Impact Assessment Is Necessary.
Perhaps the most onerous aspect of the new law is this. Every time a new technology or method is implemented that could compromise the privacy of the data collected on the data subjects, data controllers are required to do a data protection impact assessment (DPIA).
Have a Data Protection Officer appointed
According to the law, each data controller covered by the PDPL must designate a specific Data Protection Officer (DPO).
Keep a Log of All Process Activities
In this regard, the GDPR is the main source of inspiration for the PDPL, since it mandates that all data controllers keep a comprehensive and consistent record of their processing operations (ROPA). Furthermore, it covers ground beyond the GDPR in this specific region. Additionally, it mandates that “the data of the persons authorized to access the Personal Data” be included in the ROPA by all data controllers.
Continue to uphold a thorough DSR framework
Data subjects have many rights to their data under the PDPL. This covers the rights to portability, rectification, access, objection, deletion, and the capacity to object to decisions made by automated processing. While there are a few significant exceptions to the general rule about when data subjects can exercise these rights, your company must make sure that data subjects have an easy-to-use procedure they can follow to make these requests.
Create a Process for Responding to Data Breach
Although it is going into “worst-case scenario” territory, the PDPL mandates that all data controllers have a comprehensive process in place for notifying others about data breaches. In light of this, the pertinent staff members of the data controller need to be aware of their precise responsibilities when it comes to starting a counter-reaction to the data breach. Only if the data controller has a thorough, well-thought-out, and functional data breach response plan in place will this be feasible.
We offer the following PDPL Compliance services:
HLB HAMT takes great satisfaction in leading the industry in providing data-driven solutions for data security and privacy. With only a few clicks, its technologies may assist your business in attaining compliance with all of PDPL’s provisions using robotic automation, artificial intelligence, and machine learning.
- Compliance Assessment: We can conduct an assessment of your organization’s current data protection practices and identify any gaps or areas that need improvement to comply with the PDPL.
- Data Mapping and Inventory: We can help you understand the personal data your organization collects, processes, and stores, and create an inventory of such data.
- Privacy Policies and Procedures: We can assist in developing or updating privacy policies and procedures to align with the requirements of the PDPL.
- Consent Mechanisms: We can help establish mechanisms to obtain and manage consent from individuals whose personal data is collected and processed by your organization.
- Data Subject Rights: We can guide on handling data subject rights requests, such as access, rectification, erasure, and data portability.
- Data Breach Management: We can help develop procedures to detect, respond to, and mitigate the impact of data breaches, as well as fulfill the requirement of notifying the relevant authorities and affected individuals, if applicable.
- Employee Training: Our expert consultants can provide training sessions to educate your employees about their responsibilities and obligations when handling personal data.
To find suitable compliance service providers in the UAE, you can conduct an online search, seek recommendations from industry peers, or consult local business directories. Additionally, you may consider reaching out to legal and consulting firms that have expertise in data protection and privacy in the UAE.
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