With the introduction of the UAE’s new Federal Decree-Law No. 45/2021 On The Protection of Personal Data (PPDL), employers in the UAE are now required to comply with a comprehensive data protection regime.
This regime applies to controllers and processors of personal data, including employers who process the personal data of their employees. As a result, employers must now include an employment contract data protection clause to ensure compliance with the PPDL.
In this article, we will explore the importance of an employment agreement data protection clause and its implications for employers in the UAE.
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Table of Contents
Why is an Employment Contract Data Protection Clause Necessary?
As mentioned earlier, the PPDL imposes several new obligations on employers as data controllers when they process the personal data of their employees. Therefore, employers must include a data protection clause within their employment contracts to ensure compliance with the law.
This clause should outline the employer’s obligations under the PPDL and the employee’s rights regarding their data.
By including a data protection clause within their employment contracts, employers can demonstrate their commitment to protecting their employees’ data and ensure compliance with the PPDL.
What Should an Employment Agreement Data Protection Clause Include?
A work contract data protection clause should include the following:
- A statement that the employer is committed to protecting the personal data of their employees by the PPDL.
- A description of the personal data that the employer will collect from the employee and the purpose for which it will be processed.
- An explanation of the legal basis for processing the personal data, such as the employee’s consent or the employer’s legitimate interests.
- A statement that the employer will take appropriate technical and organizational measures to ensure the confidentiality and security of the personal data.
- An explanation of the employee’s rights under the PPDL, including the right to access their data, the right to rectify any inaccurate data, and the right to request the deletion of their data.
- A statement that the employer will not transfer the employee’s data to any third party without their consent, except where permitted under the PPDL.
Employers should ensure that the language used in the data protection clause is clear and easily understandable to avoid any misunderstandings or confusion.
Implications for Employers in the UAE.
Employers in the UAE must ensure that they comply with the PPDL when processing the personal data of their employees. Failure to comply with the law can result in significant fines and reputational damage.
Therefore, employers must seek legal advice to ensure that their employment contracts include a data protection clause that meets the requirements of the PPDL.
Younis al Mohammed al Blooshi Lawyer & Legal Consultants: best employment contract legal advice in the UAE.
With extensive knowledge of the PPDL and its implications for employers, Younis al Mohammed al Blooshi Lawyer & Legal Consultants can help employers ensure that their employment contracts comply with the law.
By seeking legal advice, employers can avoid costly fines and reputational damage and demonstrate their commitment to protecting their employees’ data.
FAQs about employment contract data protection clause.
Conclusion.
The introduction of the PPDL has significant implications for employers in the UAE who process the personal data of their employees. To ensure compliance with the law, employers must include an employment contract data protection clause within their employment contracts.
This clause should outline the employer’s obligations under the PPDL and the employee’s rights regarding their personal data.
By seeking legal advice from Younis al Mohammed al Blooshi Lawyer & Legal Consultants, employers can ensure that their employment contracts comply with the law and avoid any legal issues related to data protection.
Contact the office of Younis Mohammed Al Blooshi via Whatsapp. Click here. Or visit us at our address: Sobha Ivory 1 – Al Amal St – Business Bay – Dubai. You can also call us on phone: 00971589984123.
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A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.