Dubai 
ParisCross-border data transfers and remote working risks
Remote working arrangements can create complex cross-border data protection considerations, particularly where employees access or process personal data from outside the UAE.
In some cases, remote access from another jurisdiction may constitute a cross-border transfer of personal data, even where data remains stored within the UAE. This can trigger compliance obligations under applicable data protection laws.
Under the UAE PDPL, as well as the data protection regimes in the DIFC and ADGM, cross-border transfers are generally permitted where the receiving jurisdiction provides an adequate level of protection or where appropriate safeguards are implemented.
Organisations should therefore assess whether remote working arrangements result in cross-border data access and whether additional measures are required.
Key considerations include:
- the location of employees accessing personal data
- the jurisdictions in which data is stored and processed
- whether those jurisdictions are considered to provide adequate protection
- whether contractual or technical safeguards are required
Practical measures may include implementing internal policies governing cross-border access, restricting access from certain jurisdictions and using encryption or monitoring tools to secure data.
Organisations should also consider whether foreign data protection regimes may apply where personal data relates to individuals located outside the UAE.
Failure to properly manage cross-border data risks may expose organisations to regulatory scrutiny and potential penalties.
If you or your organisation would like to discuss any aspect of this guidance note further, please don’t hesitate to reach out to your usual CVML contact, or email:
Tsoline Gharibian, Senior Associate, CVML (t.gharibian@cvml.ae)
Ishwarya Singh, Associate, CVML (i.singh@cvml.ae)