Material Applicability

The ADGM DPR's material scope is defined by several key factors:

• Automated and Manual Processing
• Filing System Requirements
• Government and Public Authority Exemptions
• Judicial Proceedings Exemption
• Specific Purpose Exemptions

Automated Processing and Filing Systems

ADGM DPR s.2(1):

"These Regulations apply to the Processing of Personal Data wholly or partly by automated means and to the Processing other than by automated means of Personal Data which forms part of a Filing System or is intended to form part of a Filing System."

ADGM DPR s.62(1):

"'Filing System' means any structured set of Personal Data which is accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;"

The regulation applies to:

• Data processing by automated means
• Manual processing if data is part of a structured filing system
• Data intended to be included in a filing system

Public Authority and Judicial Exemptions

ADGM DPR s.35(1)(a):

"the Processing is carried out by a public authority, except for courts acting in their judicial capacity;"

ADGM DPR s.44(2):

"Sections 44(1)(a), 44(1)(b) and 44(1)(c) do not apply to activities carried out by public authorities in the exercise of their public powers."

Territorial Applicability

The ADGM DPR's territorial scope is determined by:

• Establishment-based Connection
• Business Impact Criterion
• Processing Location Considerations

Establishment Criterion

ADGM DPR s.3(1):

"These Regulations apply to the Processing of Personal Data in the context of the activities of an Establishment of a Controller or a Processor in ADGM, regardless of whether the Processing takes place in ADGM or not."

ADGM DPR s.62(1):

"'Establishment' means any authority, body corporate, branch, representative office, institution entity, or project established, registered or licensed to operate or conduct any activity within the ADGM or exempt from being registered or licensed under the laws of the ADGM;"

Processing Outside ADGM

ADGM DPR s.3(2):

"Where the Processor is Processing Personal Data for a Controller outside of ADGM, the Processor must comply with the requirements of these Regulations to the extent possible, taking into account whether the Controller is subject to similar obligations under the laws of its home jurisdiction."

Business Impact

ADGM DPR s.21(3)(d)(ii):

"act in a way likely to have an effect on a business activity (such as an effect on an undertaking's capital structure, the legal or beneficial ownership of a business or asset or a person's industrial strategy);"

Conclusion

The ADGM DPR applies to:

• Automated data processing and structured manual filing systems
• Activities of establishments within ADGM, regardless of processing location
• Processing activities affecting ADGM business operations
• Local processors handling data for foreign controllers, with consideration of home jurisdiction requirements