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GDPPR: the main provisions of the personal data protection regulation in Dubai, UAE

GDPPR: the main provisions of the personal data protection regulation in Dubai, UAE

Since 2021, the government of the United Arab Emirates has been actively working on creating its own set of rules for the protection of personal data. Its basis is the European Union’s GDPR general regulation.

Federal Decree-Laws No. 44 and No. 45 are in force in the UAE since 2022. They contain the basic concepts of personal data, rules for its collection and processing, as well as a new regulatory body in this area — the UAE Data Authority.

In accordance with generally accepted standards, the decree has the following provisions:

on basic concepts;
on the need to keep records of processed data;
listing the grounds for the collection of personal data;
requirements for the collection procedure;
the elaboration of special protection rules for “high risk” data;

the rights of citizens in case of breach of legislation and leakage of confidential information;
prohibition of international transfer of personal data to countries where the security of personal data is not guaranteed;
description of the cases when it is necessary to hire a specialized data protection officer.

Compliance with the Regulation must be ensured by all organizations that collect personal information about their customers located in the UAE. This also applies to companies registered outside the Emirates but working with local customers.

Personal data is any information that identifies a customer in any area: from name to religious views, health status, etc. The law does not apply to legal entities. Personal information given by an individual is processed by the Controller or the Operator (authorized for processing by the Controller). They are obliged to keep a record of the data provided and ensure its safety and security.

There are several exceptions in the legislation when the Regulation does not apply:

personal data is processed by government, law enforcement or judicial authorities;
collection of medical or financial data, if there is separate legislation in the field of their processing;
the data subject is located within the DIFC and ADGM free zones, which have their own legislation;
the data is used for non-commercial purposes.

When processing large amounts of information, an organization may be exempted from the UAE Data Authority Regulation.

Without the consent of the individual, data processing is considered lawful in the case of:

execution of a contract where the data subject is one of the parties;
protection of the vital interests of the data subject;
compliance with certain points of legislation by the Controller.

The processing of high-risk information entails the appointment of a Data Protection Officer. This category includes information about new technologies related to data protection, certain political, religious and medical particularities.

The authorized employee must reside in the UAE, have an appropriate level of qualification and cooperate with the DIFC Commissioner. Controller or the Operator shall grant him/her access to the information and, if necessary, may consult with the officer on personal data protection issues.

The detection of a data breach obliges the Controller to inform the data subject and to provide information about the breach and the progress of the investigation to the regulator.Administrative liability may be imposed for violations of the implementation of the Federal Data Protection Acts.

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Personal Data Processing Policy.

1. General provisions This personal data processing policy is compiled in accordance with the requirements of Federal Law No. 152-FZ of 27.07.2006 "On Personal Data" (hereinafter referred to as the Personal Data Law) and defines the procedure for processing personal data and measures to ensure the security of personal data taken by Mikhailov Ivan Sergeevich (hereinafter referred to as the Operator).

1.1. The Operator sets as its most important goal and condition for the implementation of its activities the observance of the rights and freedoms of man and citizen in the processing of his personal data, including the protection of the rights to privacy, personal and family secrets.

1.2. This Operators policy regarding the processing of personal data (hereinafter referred to as the Policy) applies to all information that the Operator can receive about website visitors https://make-biz.com /.

2. Basic concepts used in Politics

2.1. Automated processing of personal data — processing of personal data using computer technology.

2.2. Blocking of personal data — temporary termination of the processing of personal data (except in cases where processing is necessary to clarify personal data).

2.3. Website - a set of graphic and informational materials, as well as computer programs and databases that ensure their availability on the Internet at a network address https://make-biz.com /.

2.4. Personal data information system — a set of personal data contained in databases and information technologies and technical means that ensure their processing.

2.5. Depersonalization of personal data — actions as a result of which it is impossible to determine, without the use of additional information, the ownership of personal data to a specific User or other subject of personal data.

2.6. Processing of personal data — any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

2.7. Operator — a state body, municipal body, legal entity or individual, independently or jointly with other persons organizing and/or processing personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data.

2.8. Personal data — any information related directly or indirectly to a specific or identifiable User of the Website https://make-biz.com /.

2.9. Personal data authorized by the subject of personal data for distribution — personal data to which an unlimited number of persons have access by the subject of personal data by giving consent to the processing of personal data authorized by the subject of personal data for distribution in accordance with the procedure provided for by the Law on Personal Data (hereinafter — personal data authorized for distribution).

2.10. User — any visitor to the website https://make-biz.com /.

2.11. Provision of personal data — actions aimed at disclosure of personal data to a certain person or a certain circle of persons.

2.12. Dissemination of personal data — any actions aimed at disclosure of personal data to an indefinite circle of persons (transfer of personal data) or familiarization with personal data of an unlimited circle of persons, including the publication of personal data in the media, placement in information and telecommunications networks or providing access to personal data to anyor in another way.

2.13. Cross—border transfer of personal data is the transfer of personal data to the territory of a foreign state to the authority of a foreign state, a foreign individual or a foreign legal entity.

2.14. Destruction of personal data — any actions as a result of which personal data is permanently destroyed with the impossibility of further restoration of the content of personal data in the personal data information system and/or the material carriers of personal data are destroyed.

3. Basic rights and obligations of the Operator

3.1. The Operator has the right to: — receive reliable information and/or documents containing personal data from the personal data subject; — in case the personal data subject withdraws consent to the processing of personal data, as well as sending a request to terminate the processing of personal data, the Operator has the right to continue processing personal data without consent the subject of personal data in the presence of the grounds specified in the Law on Personal Data; — independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of obligations provided for by the Law on Personal Data and regulatory legal acts adopted in accordance with it, unless otherwise provided by the Law on Personal Data or other federal laws.

3.2. The operator is obliged to: — provide the subject of personal data at his request with information concerning the processing of his personal data; — organize the processing of personal data in accordance with the procedure established by the current legislation of the Russian Federation; — respond to requests and requests of personal data subjects and their legal representatives in accordance with the requirements of the Law on Personal Data; — report to the authorized body the body for the protection of the rights of personal data subjects at the request of this body, the necessary information within 10 days from the date of receipt of such a request; — to publish or otherwise provide unrestricted access to this Policy regarding the processing of personal data; — to take legal, organizational and technical measures to protect personal data from unauthorized or accidental access to them, destruction, modification, blocking, copying, provision, dissemination of personal data, as well as from other illegal actions in relation to personal data data; — stop the transfer (distribution, provision, access) of personal data, stop processing and destroy personal data in the manner and cases provided for by the Law on Personal Data; — perform other duties provided for by the Law on Personal Data.

4. Basic rights and obligations of personal data subjects

4.1. Personal data subjects have the right to: — receive information concerning the processing of their personal data, except in cases provided for by federal laws. The information is provided to the personal data subject by the Operator in an accessible form, and it should not contain personal data related to other personal data subjects, except in cases where there are legitimate grounds for disclosure of such personal data. The list of information and the procedure for obtaining it is established by the Law on Personal Data; — to require the operator to clarify his personal data, block or destroy them if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as to take measures provided by law to protect their rights; — to put forward the condition of prior consent when processing personal data in order to promote in the market of goods, works and services; — to withdraw consent to the processing of personal data, as well as to send a request to terminate the processing of personal data; — to appeal to the authorized body for the protection of the rights of personal data subjects or in court against illegal actions or inaction of the Operator during the processing of his personal data; — to exercise other rights provided for by the legislation of the Russian Federation.

4.2. The subjects of personal data are obliged to: — provide the Operator with reliable data about themselves; — inform the Operator about the clarification (updating, modification) of their personal data.

4.3. Persons who have provided the Operator with false information about themselves or information about another personal data subject without the latters consent are liable in accordance with the legislation of the Russian Federation.

5. Principles of personal data processing

5.1. The processing of personal data is carried out on a legal and fair basis.

5.2. The processing of personal data is limited to the achievement of specific, predetermined and legitimate goals. Processing of personal data incompatible with the purposes of personal data collection is not allowed.

5.3. It is not allowed to combine databases containing personal data, the processing of which is carried out for purposes incompatible with each other.

5.4. Only personal data that meet the purposes of their processing are subject to processing.

5.5. The content and volume of the processed personal data correspond to the stated purposes of processing. Redundancy of the processed personal data in relation to the stated purposes of their processing is not allowed.

5.6. When processing personal data, the accuracy of personal data, their sufficiency, and, if necessary, relevance to the purposes of personal data processing is ensured. The Operator takes the necessary measures and/or ensures that they are taken to delete or clarify incomplete or inaccurate data.