Data Protection and Employee Privacy in the UAE

1) What laws in UAE regulate the protection of employee personal data, and how do they compare to international standards?

Law relating to the protection of personal data including employees in UAE are governed by The Federal Decree by Law No. (45) of 2021 concerning the Protection of Personal Data.

2) What types of employee personal data are typically protected under labor laws?

The  protected personal data of a person under the Federal Decree by Law No. (45) of 2021 concerning the Protection of Personal Data includes any personal data refers to information about a person’s physical, physiological, economic, cultural or social characteristics  including their name, voice, image identification number, electronic identifier, geographical location, mental, genetic condition, sexual condition, family details, ethnic origin, political opinions, religious beliefs, criminal records and health status.

3) How to ensure compliance with personal data protection legislation when transferring employee personal data to third parties (e.g., contractors, partners)?

Obtain consent from employees in writing or electronically when transferring his/her personal data to a third party and it should be withdrawn easily. 

4) In what form is consent obtained for the processing of employees' personal data?

Consent should be obtained from the employees in writing or electronically, for processing their personal data.

5) What personal data of employees may not be requested and processed by the employer?

The Federal Decree by Law No. (45) of 2021 concerning the Protection of Personal Data does not specify what type of personal data of employees should not be requested by the employer; but the employer should obtain consent from their employees for processing their personal data.

6) What are the consequences of violating employee data protection laws?

Depending upon the seriousness of the offence, imprisonment or fines or administrative penalties may be imposed on persons who violate the employee data protection laws. 

Author: Issam Dahman