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The New DIFC Data Protection Law - Data Subject Rights

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The new DIFC Data Protection Law gives individuals, in their capacities as consumers, citizens, employees and so forth – also known as data subjects, certain rights relating to their personal data. These rights include amongst others the right to withdraw consent if individuals have given consent to the processing of personal data, the right to have access to one’s personal data. Then there is the right to request the erasure of personal data or otherwise known as the right to be forgotten. There is also the right for individuals to obtain a copy of their personal data to use it for their own purposes. And finally, there is also a right of non-discrimination in relation to the exercise of data subject rights. Businesses should consider putting in place processes and procedures for dealing with the exercise of these data subject rights if they are subject to the new DIFC data protection law. In particular, given that consent can be withdrawn at any time, companies may wish to review how they obtain consent from individuals. It may be that another available basis, for example, processing personal data for a company's legitimate business interests, may be equally appropriate and more robust. The new DIFC Data Protection Law largely mirrors the GDPR, the European GDPR. One area, however, where it takes a new approach is in recognising that technology may develop in a way which creates tension with data protection principles and obligations and also data subject rights. By way of example, blockchains are often said to create an irreversible record. This can potentially conflict with the principles of for example, storage limitation where personal data should be retained for a certain period of time and no longer than is necessary, and also, the ability of data subjects to request for example the erasure of their personal data. So the new DIFC Data Protection Law allows companies to limit data subjects from exercising certain rights, provided that, at the outset, the data subject was provided with clear and prominent information that describes the data processing techniques used by the company who is processing the data, which also explains that if the data subject proceeds with the processing of that data on such a basis, it would not be possible to then give effect to certain data subject rights for example, to request the erasure of the data.

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Duration: 3 minutes and 20 seconds
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Language: English
License: Dotsub - Standard License
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Views: 2
Posted by: clydecomarketing on Jun 16, 2020

The DIFC Authority has recently announced the release of the new DIFC Data Protection Law, which will come into force on 1 July 2020. We have prepared a series of short videos to address some of the key enhancements and implications of the new law. In our latest video, Masha Ooijevaar outlines all you need to know about data subject rights.

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