ADGM: ODP releases guidance materials to support the Data Protection Regulations 2021
The Abu Dhabi Global Market ('ADGM') Office of Data Protection ('ODP') announced, on 11 August 2021, that it had released eight guidance documents on topics under the Data Protection Regulations 2021 in order to support ADGM entities and authorities in compliance with the same. In particular, the guidance sections cover the following topics:
- an overview of the Regulations, including key concepts, terms, scope, principles of processing, and the lawful bases for processing personal data;
- data subject rights and data controller's obligations with regards to individual rights requests;
- Data Protection by Design and Default, fees, the record of processing activities ('ROPAs'), the requirement for a data protection officer ('DPO') and processor obligations;
- Data Protection Impact Assessments ('DPIA'), notably what a DPIA must contain, how to conduct a DPIA, and frequently-asked-questions;
- security of processing, the cessation of processing, and managing personal data breaches, which includes notification requirements;
- international transfers and mechanisms for the same;
- a new mechanism for Codes of Conduct, the role of the Commissioner of Data Protection and the ODP; and
- individual rights and remedies, notably how individuals can raise concerns, exercise their rights, and seek redress.
Alongside the guidance documents, the ODP released various templates. The templates consist of Standard Contractual Clauses relating to the processing of personal data pursuant to Section 26(3), (4) and (5) of the Regulations, namely a data protection agreement, as well as templates for DPIAs and ROPAs. In addition, the ODP has stated that specific assessments are coming soon.