Employers in the DIFC: Take Action – New DIFC Data Protection Law Now Enforceable

October 2020
Region: Middle East

The new DIFC Data Protection Law, Law No. 5 of 2020 (DIFC DP Law) came into force on 1 July 2020 and, as of 1 October 2020, is now being enforced.

In our experience, we have found that HR is often the area of the business that tends to process the most sensitive data, which is employee data.

With enforcement of the DIFC DP Law in effect and potential fines for non-compliance ranging from US$10,000 to US$100,000, HR has a key role to play when it comes to data protection compliance and must ensure it is fully aware of what rights its respective employees have when assessing the data being retained, such as the right to be forgotten, the right to data portability and, a new right under the DIFC DP Law, the right not to be discriminated against for exercising data subject rights.