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DPA Data Protection Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

DPA Data Protection Agreement

"I need a Data Protection Agreement (DPA) for my UAE-based healthcare technology company that will be processing patient data through our cloud service provider, with specific provisions for handling sensitive medical information and compliance with UAE healthcare regulations."

Document background
The Data Protection Agreement (DPA) is a critical legal document required when one party (the data controller) engages another party (the data processor) to process personal data on its behalf in the United Arab Emirates. This agreement is essential for compliance with Federal Decree-Law No. 45 of 2021 and must be in place before any data processing activities commence. The DPA sets out the obligations of both parties, ensures appropriate security measures are implemented, and establishes clear lines of responsibility for data protection. It becomes particularly important when dealing with sensitive data, cross-border transfers, or operations within UAE free zones like DIFC and ADGM. The agreement should be regularly reviewed and updated to reflect changes in processing activities or regulatory requirements.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their registered addresses and authorized representatives

2. Background: Context of the agreement, relationship between parties, and purpose of data processing activities

3. Definitions: Detailed definitions of terms used in the agreement, aligned with UAE Federal Decree-Law No. 45 of 2021 terminology

4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities, types of personal data, and processing purposes

5. Obligations of the Data Processor: Core responsibilities of the processor including processing limitations, confidentiality, and security measures

6. Obligations of the Data Controller: Core responsibilities of the controller including lawful instructions, assessments, and oversight

7. Technical and Organizational Measures: Required security measures for data protection, including encryption, access controls, and monitoring

8. Sub-processing: Rules and requirements for engaging sub-processors, including approval processes

9. Data Subject Rights: Procedures for handling data subject requests and supporting controller's compliance

10. Personal Data Breach: Breach notification procedures, response requirements, and cooperation obligations

11. Audit Rights: Controller's rights to audit processor's compliance and processor's obligations to demonstrate compliance

12. Term and Termination: Duration of the agreement, termination conditions, and data handling post-termination

13. Liability and Indemnities: Allocation of liability and indemnification obligations between parties

14. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

Optional Sections

1. Cross-border Data Transfers: Required when personal data will be transferred outside the UAE, specifying transfer mechanisms and safeguards

2. Special Categories of Personal Data: Required when processing sensitive personal data, specifying additional safeguards and requirements

3. Data Protection Impact Assessment: Required when processing activities present high risks to data subjects

4. Free Zone Specific Provisions: Required when either party operates in DIFC or ADGM, addressing specific free zone requirements

5. Industry-Specific Requirements: Required for regulated industries like healthcare or financial services

6. Joint Controller Provisions: Required when multiple controllers are involved in determining processing purposes

7. Data Protection Officer: Required when either party has appointed a DPO, specifying their role and involvement

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal data, and processing purposes

2. Schedule 2 - Technical and Organizational Measures: Detailed specifications of security measures, including physical, technical, and organizational controls

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

4. Schedule 4 - Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards if applicable

5. Schedule 5 - Security Breach Response Plan: Detailed procedures for handling and reporting personal data breaches

6. Appendix A - Contact Details: Contact information for key personnel, including DPOs and privacy officers

7. Appendix B - Standard Contractual Clauses: If required for international transfers, incorporating relevant transfer clauses

8. Appendix C - Compliance Checklist: Checklist for ongoing compliance monitoring and assessment

Authors

Alex Denne

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

Relevant legal definitions








































Clauses



























Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Professional Services

Education

Real Estate

Manufacturing

Retail

Hospitality

Insurance

Transportation

Media and Entertainment

Government Services

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Operations

Privacy

Procurement

Vendor Management

Information Governance

Data Management

Corporate Governance

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Chief Information Security Officer

Legal Counsel

Compliance Manager

IT Director

Risk Manager

Operations Manager

Information Security Manager

Privacy Manager

General Counsel

Chief Technology Officer

Procurement Manager

Vendor Management Director

Chief Operations Officer

Information Governance Manager

Industries









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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