The provision in Article 23(1)(a) of the UAE Federal PDPL does not directly address the applicability factor of data processing based on contract or consent by data subjects within the UAE. Instead, it focuses on cross-border data transfers to countries without data protection laws.The provision allows establishments operating in the UAE to transfer data to countries without data protection laws under specific conditions. These conditions include:

1. A contract or agreement must be in place.
2. The contract must oblige the establishment in the receiving country to implement the provisions, measures, controls, and requirements set out in the UAE PDPL.
3. The contract must include provisions related to imposing appropriate measures on the Controller or Processor through a competent supervisory or judicial authority in the receiving country.

This provision aims to ensure that personal data of UAE residents remains protected even when transferred to countries without adequate data protection laws. It places the responsibility on the UAE-based establishment to ensure contractual safeguards are in place.It's important to note that while this provision mentions contracts and agreements, it does not specifically address the applicability of the law based on consent or contractual relationships with data subjects within the UAE.

Implications

1. UAE-based establishments must carefully consider their data transfer agreements when sending personal data to countries without data protection laws.
2. Contracts for cross-border data transfers must be comprehensive, incorporating the UAE PDPL's requirements and ensuring enforcement mechanisms in the receiving country.
3. While the provision does not directly address processing based on consent or contract within the UAE, it suggests that the law is concerned with maintaining data protection standards even when data leaves the jurisdiction.
4. Companies operating in the UAE should be aware that while contractual agreements are important for cross-border transfers, they do not necessarily determine the applicability of the UAE PDPL to their domestic operations.
5. The provision highlights the importance of understanding the data protection landscape in countries where data might be transferred, as additional safeguards may be required for countries lacking data protection laws.