Transferring personal data across borders requires careful consideration of legal requirements and data protection laws. For example, suppose you want to transfer personal data from South Africa to the UAE. In that case, there are several steps you need to take to ensure compliance with data protection laws and prevent potential risks to the privacy and security of the data.

This post captures those steps and provides actions you can take next.

The steps

Identify the personal data you want to transfer

Determine what personal data you want to transfer and the purpose of the transfer.

Verify that the transfer is lawful

Check that section 72 of POPIA permits the transfer, and ensure that the UAE has adequate data protection laws or other measures to protect the data.

Implement information security measures

Put in place appropriate security measures to protect the personal data during the transfer process and while it is being stored in the UAE.

Consider contractual arrangements

Consider entering into contractual arrangements with the recipient of the personal data in the UAE. These contracts, typically known as data processing agreements, should include clauses that address data protection requirements, data security, and the recipient’s obligations to protect the data.

Monitor and review

Monitor and review the transfer process to ensure compliance with data protection laws and that the data is protected appropriately.

Actions you can take next

  1. Lawfully transfer personal information from South Africa to the UAE by asking Michalsons to:
    1. provide you with an opinion answering a particular question,
    2. draft binding corporate rules for your organisation,
    3. draft a binding agreement with a third party (like an operator or another responsible party) to provide an adequate level of protection,
    4. draft a bespoke operator agreement for your organisation,
    5. draft template clauses for you to include in your contracts with third parties who are in the UAE, or
    6. draft consent clauses for you.
  2. Know whether the UAE has a law that provides adequate protection by asking us for help.