Data Controllers may Process Personal Data when any of the following conditions are met, as per Section 5(1) DPR:

• the Data Subject has given Consent to the Processing of their Personal Data for one or more specific purposes. There are detailed conditions for consent set out under Section 6 DPLs;
• Processing is necessary for the performance of a contract to which the Data Subject is a party or in order to take steps at the request of the Data Subject prior to entering into a contract;
• Processing is necessary for compliance with a legal obligation to which the Controller is subject under Applicable Law;
• Processing is necessary to protect the vital interests of the Data Subject or of another natural person;
• Processing is necessary for the performance of a task carried out by a public authority in the interests of ADGM, or in the exercise of (i) ADGM’s; (ii) the Financial Services Regulatory Authority’s; (iii) the ADGM Court’s; or (iv) the Registration Authority’s functions or in the exercise of official authority vested in the Controller under Applicable Law (as defined under the DPR);
• Processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a Third Party, except where such interests are overridden by the interests or rights of the Data Subject which require protection of Personal Data, in particular where the Data Subject is a Child.

Data Controllers may Process Special Categories of Personal Data when any of the following conditions are met:

• the Data Subject has given explicit Consent to the Processing of their Special Categories of Personal Data for one or more specified purposes;

• Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the Controller or of the Data Subject in the field of employment law, provided that when the Processing is carried out, the Controller has an appropriate policy document in place in accordance with Section 7(3) DPR;

• Processing is necessary to protect vital interests of the Data Subject or of another natural person where the Data Subject is physically or legally incapable of giving Consent;

• Processing is necessary for health purposes, including preventative or occupational medicine, the assessment of the working capacity of an employee, medical diagnosis, the provision of health care or treatment or the management of health care systems or services or pursuant to a contract with a health professional provided that Processing is by or under the responsibility of a health professional subject to the obligation of professional secrecy or duty of confidentiality;

• Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices;

• Processing is necessary for Archiving and Research Purposes in accordance with Applicable Law;

• Processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body including religious, cultural, educational, social or fraternal purposes or for other charitable purposes and on condition that the Processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the Personal Data is not disclosed outside that body without the Consent of the Data Subjects;

• Processing relates to Personal Data which is intentionally made public by the Data Subject;

• Processing is required for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;

• Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity; or

• Processing is necessary for reasons of substantial public interest, provided that (unless specified otherwise) the Controller has, when the Processing is carried out, an appropriate policy document in place in accordance with Section 7(3), where it is necessary for:

  • the exercise of a function or requirement conferred on a person by Applicable Law;

  • the exercise of a function of the Board, Abu Dhabi or United Arab Emirate government;

  • the administration of justice;

  • equality of opportunity or treatment provided that the Processing does not, or is not likely to, cause substantial damage or substantial distress to an individual; and it does not relate to an individual who has given written notice to the Controller not to Process their Personal Data;

  • diversity at senior levels of organisations, where the Controller cannot reasonably be expected to obtain the Consent of the Data Subject and is not aware of the Data Subject withholding Consent provided that the Processing does not, or is not likely to, cause substantial damage or substantial distress to an individual;

  • the prevention or detection of an unlawful act or omission where the Processing must be carried out without the Consent of the Data Subject so as not to prejudice this purpose; and if the Processing relates to the disclosure of Personal Data to a relevant public authority an appropriate policy document in accordance with Section 7(3) need not be in place for the Processing to be lawful under these Regulations;

  • the protection of the members of the public against dishonesty, malpractice or other seriously improper conduct, unfitness or incompetence, mismanagement in the administration of a company, body or association, or failures in services provided by a company, body or association where the Processing must be carried out without the Consent of the Data Subject so as not to prejudice this purpose;

  • compliance with, or assisting other persons to comply with, a regulatory requirement which involves a person taking steps to establish whether another person has committed an unlawful act or omission, or been involved in dishonesty, malpractice or other seriously improper conduct where the Controller cannot reasonably be expected to obtain the Consent of the Data Subject to the Processing;

  • the prevention of fraud in connection with Processing of Personal Data as a member of, or in accordance with arrangements made by, an antifraud organisation;

  • the disclosure in good faith to an appropriate public authority regarding suspected terrorist financing, to identify terrorist property or in relation to suspected money laundering, in accordance with Applicable Law; or

  • the publication of a judgment or other decision of a court or tribunal or if the Processing is necessary for the purposes of publishing such a judgment or decision.