UAE - ADGM: Sectoral Exceptions Regulated by Other Laws

The provision in ADGM DPR s.41(2)(a) does not directly address sectoral exceptions or exemptions from the application of the data protection law. Instead, it appears to be part of a broader consideration of factors when assessing the adequacy of data protection in other jurisdictions or sectors for the purpose of data transfers.

The text mentions "relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law". However, this reference is made in the context of evaluating the overall data protection framework of another jurisdiction or sector, rather than establishing exceptions to the ADGM DPR itself.

It's important to note that this provision is part of section 41, which deals with transfers of personal data to third countries or international organizations. The consideration of sectoral legislation in this context is aimed at ensuring that the recipient jurisdiction or sector has adequate data protection standards, rather than creating exceptions to the ADGM DPR's applicability.

Implications

The absence of explicit sectoral exceptions in the ADGM DPR suggests that the regulations apply broadly across all sectors within the ADGM jurisdiction. This approach differs from some other data protection regimes that may provide specific exemptions for sectors already governed by stringent data protection standards.

For businesses operating in the ADGM, this implies that they must comply with the ADGM DPR regardless of their sector or industry. Even if a company is subject to other sector-specific regulations, it would still need to adhere to the requirements of the ADGM DPR when processing personal data.

However, the recognition of sectoral legislation in the context of data transfers (as seen in s.41(2)(a)) suggests that the ADGM regulatory framework does acknowledge the importance of sector-specific data protection rules. This could be relevant for companies engaged in cross-border data transfers, as they may need to consider both the general data protection framework and any relevant sectoral regulations when assessing the adequacy of data protection in the recipient jurisdiction or sector.


Jurisdiction Overview