UAE Trends and Developments Contributed by: Kokila Alagh and Akshata Namjoshi, Karm Legal Consultants
Data Subject Rights The common data subject rights granted under the PDPL, DIFC DP Law and ADGM DPR are that: • they must be informed about the collection of their personal data, regardless of the data source, with specified details; • they can confirm and obtain a copy of their processed personal data from the controller; • they can request the erasure of their personal data; • they can have inaccurate or incomplete per - sonal data corrected; • they can receive their personal data in a machine-readable format and transfer it to another controller; • they are protected from decisions based solely on automated processes, including profiling; • they can object to the processing of their per - sonal data, including for direct marketing; • they have the right to withdraw their consent at any time; and • they have the right to file a complaint with the pertinent authority in the event of any viola - tion of the legal provisions in the PDPL, the DIFC DP Law or the ADGM DPR. DIFC DP Law Data subject rights specific to the DIFC DP Law are as follows: • non-discrimination – the DIFC DP Law pro - tects data subjects from discrimination when exercising their rights under Part 6, ensuring equal access to goods and services; and • communication methods to exercise data subject rights – controllers must provide at least two communication channels, such as telephone and an online portal, to facilitate
the exercise of data subject rights effectively and accessibly. Analysis The PDPL, DIFC DP Law and ADGM DPR all outline data subject rights that mirror those found in the GDPR, thereby aligning with inter - national practices. This harmonisation not only reinforces the protection of personal data but also makes these jurisdictions attractive to international entities, as they can be confident that their transferred data will be safeguarded by globally recognised standards. Notably, the DIFC DP Law goes a step further by explicitly incorporating non-discrimination measures and mandating multiple communication methods, thereby providing data subjects with additional tools to enforce their rights and prevent unfair treatment. Special Provisions With Respect to Processing of Personal Data in Relation to a The PDPL does not include any special provi - sions for processing the personal data of minors. As a result, minors are treated in the same man- ner as adult data subjects under this law. DIFC DP Law Minor PDPL Under the DIFC DP Law, minors are granted an absolute right to object to automated process - ing. While this right is absolute for minors, adult data subjects may have certain limitations or conditions attached to exercising the same right. ADGM DPR The ADGM DPR outlines a three-pronged pro - portionality test for using the “legitimate inter - est” basis to process personal data. This test is further explained in guidance from the Office of Data Protection, which highlights the impor -
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