This Data Privacy Contract is essential for organizations operating in the UAE that process personal data, whether as controllers or processors. It is designed to meet the requirements of UAE Federal Decree-Law No. 45 of 2021 and related regulations, including specific provisions for free zones such as DIFC. The document should be used when establishing a relationship involving the processing of personal data, particularly in scenarios involving third-party service providers, cloud services, or cross-border data transfers. The contract addresses mandatory data protection requirements including security measures, data subject rights, breach notification procedures, and lawful bases for processing. It is particularly important given the UAE's enhanced focus on data protection and privacy rights, with significant penalties for non-compliance.
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1. Parties: Identification of the data controller and data processor, including their registered addresses and company details
2. Background: Context of the data processing relationship and purpose of the agreement
3. Definitions: Definitions of key terms aligned with UAE Federal Decree-Law No. 45 of 2021 and other applicable regulations
4. Scope and Purpose of Processing: Detailed description of the data processing activities and their specific purposes
5. Obligations of the Data Controller: Controller's responsibilities including lawful basis for processing, instructions to processor, and oversight obligations
6. Obligations of the Data Processor: Processor's duties including processing only on documented instructions, confidentiality, and security measures
7. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with UAE data subject rights
8. Data Security: Technical and organizational security measures required to protect personal data
9. Data Breach Notification: Procedures and timeframes for reporting data breaches as per UAE requirements
10. Term and Termination: Duration of the agreement and conditions for termination
11. Return or Destruction of Data: Obligations regarding data handling upon contract termination
12. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when personal data will be transferred outside the UAE, including mechanisms for ensuring adequate protection
2. Sensitive Data Processing: Required when processing special categories of personal data as defined in UAE law
3. Sub-processing: Required when the processor intends to use sub-processors
4. Data Protection Impact Assessment: Required for high-risk processing activities
5. Specific Industry Requirements: Required for sectors with additional regulatory requirements (e.g., healthcare, financial services)
6. Joint Controller Provisions: Required when multiple controllers jointly determine processing purposes
1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects and personal data
2. Schedule 2 - Technical and Organizational Measures: Specific security measures and controls implemented to protect personal data
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Transfer Mechanisms: Details of international transfer mechanisms and safeguards
5. Schedule 5 - Data Retention Periods: Specific retention periods for different categories of personal data
6. Appendix A - Contact Details: Contact information for data protection officers and key personnel
7. Appendix B - Security Breach Response Plan: Detailed procedures for handling and reporting data breaches
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