Transferring Personal Data Outside The DIFC
A transfer of personal data to a recipient located in a jurisdiction outside the DIFC may take place only if that jurisdiction is deemed to have an adequate level of protection for that personal data. The Commissioner of Data Protection applies the same adequacy standards with regards to third countries as set out by Article 29 Working Party of the European Commission on Data Protection.
LIST OF ADEQUATE DATA PROTECTION REGIMES/CENTERS EU COUNTRIES
- Czech Republic
- United Kingdom
European Economic Area Member (EEA)Countries
- Faroe Islands
- Isle of Man
- New Zealand
Note On Privacy Shield As A Transfer Mechanism
Privacy Shield, which replaced Safe Harbor in 2016, is a mechanism recognised by the European Commission for transferring personal data between the EU/EEA and the USA only. The DIFC does not recognise it for this reason, as DIFC has no such agreement in place with the USA for transfers of personal data from the DIFC to the USA. Therefore Privacy Shield is not an option for transfers from the DIFC to the USA (or elsewhere). If personal data originating in the DIFC is transferred to the EU and the onward transferred to the USA, only then may Privacy Shield come into play if the transferring organisation has the appropriate Privacy Shield certification. Privacy Shield is currently under review for effectiveness.