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ADGM: ODP publishes Addendum to EU SCCs

On November 15, 2023, the Abu Dhabi Global Market (ADGM) Office of Data Protection (ODP) issued and adopted an Addendum (ADGM Addendum) to the European Commission's Standard Contractual Clauses (EU SCCs) for personal data transfers. The ODP highlighted that ADGM entities that had already implemented the EU SCCs would be able to use the ADGM Addendum as a data transfer mechanism to comply with the ADGM Data Protection Regulations 2021 (DPR 2021). 

Simultaneously, the ODP issued supplementary guidelines to support businesses in implementing the ADGM Addendum to their existing EU SCCs. The guidelines explain that the ADGM Addendum eliminates the need to separately implement both the EU SCCs and ADGM Addendum, simplifying contract requirements for data transfers. Notably, the guidelines highlight that the ADGM Addendum can be used when:

  • making onward or simultaneous personal data transfers to third countries, when the EU SCCs will also apply;
  • an EU exporter transfers personal data to its ADGM group member or counterparty when binding corporate rules (BCRs) are not in place and the ADGM entity will transfer that data outside ADGM to a non-adequate jurisdiction; or
  • a non-EU importer collects personal data from the EU and the General Data Protection Regulation (GDPR) applies, and such data is then transferred to the ADGM entity which will transfer it outside ADGM to a non-adequate jurisdiction.

According to the guidelines, parties can modify the ADGM Addendum without third-party consent, but such changes must comply with the ADGM Addendum's terms and maintain the level of personal data protection and data subjects' rights as required by the DPR 2021.

You can read the press release here, the ADGM Addendum here, and the guidelines here