UAE DIFC Data Protection Law: Automated Means Criterion

The DIFC Data Protection Law explicitly establishes automated processing as a fundamental criterion for its applicability, making it a key determinant of the law's scope.

Text of Relevant Provisions

DIFC DPL Art.6(2)(a):

"(2) This Law applies to the Processing of Personal Data:(a) by automated means; and"

Analysis of Provisions

The DIFC DPL adopts a straightforward approach to the automated means criterion through Article 6(2)(a). The provision clearly states that the law applies to personal data processing conducted through automated means, making this a primary factor in determining the law's applicability.

The automated means criterion in DIFC DPL follows the modern approach to data protection regulation, recognizing that most contemporary data processing operations involve some form of automation or technological processing. The provision is intentionally broad and technology-neutral, allowing it to encompass both current and future automated processing methods.

Implications

The automated means criterion has several practical implications for organizations:

Processing Activities Covered:

• Digital data processing systems
• Electronic databases
• Automated decision-making systems
• Computer-based analytics
• Cloud computing operations

Key Considerations for Businesses:

• Organizations must assess whether their data processing activities involve automated elements
• The broad scope means most modern business operations involving personal data will fall under the law's purview
• Manual processing operations that do not involve automated means may fall outside the law's scope
• Hybrid systems combining automated and manual processing would still be subject to the law due to the automated component

The provision's straightforward nature provides clarity for businesses operating in the DIFC, helping them determine whether their processing activities fall within the law's scope based on the presence of automated processing elements.