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Data Privacy Addendum

Data Privacy Addendum Template for United Arab Emirates

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Key Requirements PROMPT example:

Data Privacy Addendum

"I need a Data Privacy Addendum for my UAE-based healthcare technology company that will process patient data on behalf of multiple hospitals in Dubai, with specific provisions for DIFC compliance and cross-border transfers to our data centers in Europe."

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Document background
The Data Privacy Addendum is essential for businesses operating in the UAE that process personal data, whether in mainland UAE or free zones like DIFC and ADGM. It is specifically designed to complement existing commercial agreements by incorporating comprehensive data protection provisions that align with Federal Decree-Law No. 45 of 2021 and other applicable regulations. This document becomes necessary when one party processes personal data on behalf of another, or when parties jointly determine the purposes and means of data processing. It covers crucial aspects such as data security measures, breach notification procedures, cross-border transfer mechanisms, and compliance with UAE data protection requirements. The addendum is particularly important given the UAE's evolving data protection landscape and the need to ensure compliance with both federal and free zone-specific regulations.
Suggested Sections

1. Parties: Identification of the contracting parties, including their roles as data controller, processor, or joint controllers

2. Background: Context of the data processing relationship and reference to the main agreement this addendum supplements

3. Definitions: Key terms used in the addendum, aligned with UAE Federal Decree-Law No. 45 and applicable free zone regulations

4. Scope and Purpose: Detailed description of the data processing activities covered by the addendum

5. Data Protection Obligations: Core obligations of each party regarding data protection, including compliance with UAE laws

6. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with UAE data subject rights

7. Security Measures: Technical and organizational measures required to protect personal data

8. Data Breach Notification: Procedures for handling and reporting data breaches as per UAE requirements

9. Confidentiality: Obligations regarding data confidentiality and staff training

10. Audit Rights: Controller's rights to audit processor's compliance with data protection obligations

11. Term and Termination: Duration of the addendum and termination provisions

12. Return or Deletion of Data: Obligations regarding data handling upon termination

13. Governing Law and Jurisdiction: Specification of UAE law application and jurisdiction

Optional Sections

1. Cross-Border Data Transfers: Required when personal data will be transferred outside the UAE, including specific requirements for different jurisdictions

2. Free Zone Specific Provisions: Required when either party operates within DIFC or ADGM, incorporating specific free zone requirements

3. Sub-processor Provisions: Required when the processor intends to engage sub-processors, including approval mechanisms

4. Industry-Specific Requirements: Required for regulated industries like healthcare or financial services, incorporating sector-specific data protection requirements

5. Data Protection Officer: Required when either party is required to appoint a DPO under UAE law

6. Data Localization Requirements: Required for specific types of data that must be stored within the UAE

7. Joint Controller Provisions: Required when parties act as joint controllers rather than controller-processor relationship

Suggested Schedules

1. Description of Processing Activities: Detailed schedule outlining the nature, purpose, duration, and types of data processing

2. Technical and Organizational Security Measures: Specific security measures implemented to protect personal data

3. Approved Sub-processors: List of approved sub-processors and their processing activities

4. Data Transfer Mechanisms: Details of mechanisms used for international data transfers

5. Contact Details: Key contacts for data protection matters, including DPO details where applicable

6. Data Categories and Processing Purposes: Comprehensive list of personal data categories and specific processing purposes

7. Compliance Checklist: Checklist ensuring compliance with specific UAE data protection requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Addendum
Agreement
Applicable Data Protection Law
Authorized Person
Competent Authority
Confidential Information
Controller
Cross-border Transfer
Data Subject
Data Subject Request
Executive Regulations
Federal Law
Free Zone Authority
Information Security Incident
International Organization
Personal Data
Personal Data Breach
Processing
Processor
Regulatory Authority
Security Measures
Sensitive Personal Data
Sub-processor
Supervisory Authority
Technical Measures
Third Country
Third Party
Transfer Mechanism
UAE Data Protection Law
Organizational Measures
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Education

Real Estate

Hospitality

Manufacturing

Retail

Insurance

Transportation

Media and Entertainment

Government Services

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Operations

Procurement

Business Development

Project Management

Internal Audit

Corporate Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Chief Technology Officer

Chief Information Security Officer

Privacy Analyst

Contracts Manager

General Counsel

Chief Operating Officer

Business Development Manager

Project Manager

Data Protection Specialist

Industries
Federal Decree-Law No. 45 of 2021: The UAE's primary federal data protection law that establishes general principles for processing personal data, data subject rights, and obligations of data controllers and processors
DIFC Law No. 5 of 2020: The Data Protection Law specific to Dubai International Financial Centre, which is heavily influenced by GDPR and provides comprehensive data protection requirements for DIFC entities
ADGM Data Protection Regulations 2021: Abu Dhabi Global Market's data protection regulations that govern the processing of personal data within the ADGM free zone
Federal Law No. 19 of 2018: Foreign Direct Investment Law that may impact data localization requirements and cross-border data transfers
Federal Law No. 5 of 2012: The Cybercrime Law that includes provisions related to privacy and confidentiality of electronic information
UAE Cabinet Resolution No. 31 of 2019: Regulations concerning the Federal Law on Medical Liability, including provisions for health data privacy
UAE Central Bank Consumer Protection Regulation: Includes provisions for protecting financial consumer data and privacy in the banking sector
Federal Law No. 2 of 2019: The Use of ICT in Healthcare Law, which contains provisions for protecting health information and electronic health data
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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