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Federal Decree Establishing of the Emirates Data Office

The last update on this law was listed on 20 Sep 2021

Issued Date

20 Sep 2021

Effective Date

27 Sep 2021

Official Gazette Date

26 Sep 2021

Official Gazette No

712

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

We, Khalifa Bin Zayed Al Nahyan                           President of the United Arab Emirates,
– Upon reviewing the Constitution,
– Federal Law No. (1) of 1972 Concerning the Jurisdictions of Ministries and the Powers of Ministers, and any amendments thereto,
– Based upon the proposal of the Minister of Cabinet Affairs, and the approval of the Cabinet,
Have promulgated the following Law by Decree:

Article (1) Definitions

In application of the provisions of this Law by Decree, the following words and expressions shall have the meanings ascribed thereto, unless the context otherwise requires:
State: The United Arab Emirates.
Office: The Emirates Data Office. 
Competent Entities: The relevant federal and local authorities to the Data Protection.

Article (2) Establishment of the Office

In accordance with the provisions of this Law by Decree, an office called the "Emirates Data Office" shall be established, affiliated with the Cabinet, and enjoy legal personality, financial and administrative independence, and legal capacity to undertake the business and actions necessary to implement its competencies.

Article (3) Competences of the Office

The Office shall:
1. Propose and develop the policies, strategies, and legislation of the Data Protection in coordination with the concerned authorities and supervise their implementation upon the approval of the Cabinet.
2. Propose and approve the basics and standards for monitoring the application of the federal legislation regulating Data Protection in coordination with the competent authorities.
3. Prepare and approve systems for complaints and appeals related to Data Protection, in coordination with the competent authorities.
4. Issue the necessary guides and instructions for implementing Data Protection legislation.
5. Implement control over the application of federal legislation regulating Data Protection and conduct the necessary investigations to ensure compliance with such legislation.
6. Receive and verify complaints and appeals related to Data Protection with all competent authorities.
7. Spread awareness regarding Data Protection provisions and requirements by organising conferences, seminars, workshops, and others.
8. Conduct specialised studies and research in the fields related to the competencies of the Office including, monitoring, and analysing the regional and international risks and guidelines.
9. Propose joining or signing the international conventions and agreements and propose the partnership agreements with the gulf, regional and international states, organisations, and bodies with regards to the activities and competencies of the Office or joining them, in coordination with Ministry of Foreign Affairs and International Cooperation and other concerned authorities.
10. Represent the State in the regional and international organisations, exhibitions, and conferences in the fields to which the Office is competent, in coordination with Ministry of Foreign Affairs and International Cooperation and other concerned authorities; and
11. Any other competencies authorised to the Office in accordance with the laws or regulations and resolutions issued by the Cabinet.

Article (4) Director General

The Office shall have a Director General whose appointment and rank shall be determined by a Federal Decree. The Director General shall assume the following tasks and functions:
1. Propose draft laws, decrees, regulations, and resolutions related to the Office, and submit them to the Cabinet to take the necessary actions in their regard.
2. Follow up on the preparation of the annual budget draft and the final account of the Office and submit them to the Ministry of Finance and follow up on the implementation of the budget within the appropriations established for it.
3. Supervise the workflow in the Office, follow up on its achievements and the results of its performance, and propose the necessary systems and procedures to contribute to improving and developing performance.
4. Appoint office staff and issue resolutions related to them, in accordance with human resources legislation in force in the Federal Government.
5. Conclude contracts, agreements, and memoranda of understanding necessary to implement the functions of the office, in accordance with the legislation in force in the Federal Government.
6. Represent the Office before the judiciary, third parties and the relevant authorities inside and outside the State.
7. Submit an annual report on the office's work and achievements to the Cabinet.
8. Any other competencies authorised to the Office in accordance with the laws or regulations and resolutions issued by the Cabinet; and
The Director General may delegate some of his powers to any senior staff member of the Office as he deems appropriate, provided that the delegation is in writing and specific.

Article (5) Confidentiality of Information

All data and information submitted to the Office shall be deemed confidential, and no person or entity that is not authorised by the Office may review, disclose, or use it for any purpose outside the Office competencies, tasks, and powers even after the purpose of this data and information expires.

Article (6) The Office Resources

The office shall have an annual budget, and the financial resources of the Office shall be as follows:
1. The annual appropriations allocated by the State to the Office in the general budget.
2. Revenues obtained by the Office from exercising its functions and tasks; and
3. Any other financial resources or grants approved by the Cabinet.

Article (7) Fiscal Year

The Office Fiscal Year shall commence on the 1st January and ends on the 31st of December of each year. The first Fiscal Year shall commence from the date of enforcement of provisions this Law by Decree and ends on the 31st of December of the following year.

Article (8) Financial Legislation and Human Resources Applied in the Office

Legislation and regulations related to financial affairs and human resources in force in the Federal Government shall apply to the Office and its employees, and to citizens, including them, the federal legislation regulating retirement pensions and benefits.

Article (9) Final Provisions

For the purposes of operating the office during the first two years, the Telecommunications Regulatory Authority and the Digital Government shall provide administrative and logistical support to it.
The Cabinet shall issue the necessary resolutions to implement the provisions of the first Paragraph of this Article based on the proposal of the Director General.

Article (10) Repeals

Any provision that violates or contradicts the provisions of this Law by Decree is hereby repealed.

Article (11) Publication & Enforcement of this Law by Decree

This Decree by Law shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication.

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