Outsourcing has historically not been a major pillar in Middle East public and private sector organisation’s strategic architecture. While the benefits of outsourcing are understood and recognised, organisations have sought to engage with major outsourced service providers through managed service agreements and joint ventures. This approach has generally worked well. It has enabled local organisations to maintain control of their infrastructure, environments, people and third-party contracts and, in the case of joint ventures, provided organisations with the potential opportunity to
DIFC Says Transfer to US Cannot Rely on Safe Harbor
On October 26, 2015, Raja Al Mazrouei, the Commissioner for Data Protection for the Dubai International Financial Centre (the DIFC), issued guidance on the adequacy of US Safe Harbor for the purpose of exporting personal data from the DIFC. The guidance is significant for organisations that transfer personal data from the DIFC to the US and such organisations should urgently review the basis upon which they transfer personal data from the DIFC to the US to ensure that they continue to comply with the DIFC Data Protection Law (No 1 of 2007).
The guidance follows the decision of the European Court of Justice (the ECJ) in Case C-362/14 – Maximillian Schrems v Data Protection Commissioner that Decision 2000/520 of the European Commission, which stated that Safe Harbor-certified US companies provide adequate protection for personal data transferred to them from the EU (the Safe Harbor Adequacy Decision), is invalid.
The key message from the guidance is that:
“the invalidation of the Adequacy Decision by the ECJ provides cause for the Commissioner to reconsider the adequacy status previously afforded under the Law to US Safe Harbor Recipients. However, the Commissioner also understands that there are ongoing negotiations between Europe and US authorities towards an improved Safe Harbor framework and that these negotiations are well advanced.
The USA Freedom Act: What it Changes and (Mostly) Doesn’t for Cloud Services – And is it Really the Issue
The recent showdown over renewal of certain provisions of the USA Patriot Act (often called simply the Patriot Act) and the subsequent enactment of the USA Freedom Act 
have raised a number of questions about the ongoing impact of these laws on data traversing or being stored in the United States. While the new law takes the NSA out of the direct business of maintaining metadata (which includes phone number called, the time and duration of the call, and location
How Oil and Gas Companies can Optimize Technology Performance and Costs During Oil Price Volatility
An unexpected surge in production coupled with weakened global demand has resulted in a 50 percent drop in the price of crude oil since June 2014 and currently averaging US$50 a barrel. The Organization of the Petroleum Exporting Countries (OPEC) announced it would leave market forces to determine crude oil price and would not cut oil output. The current oil price is the lowest it has been since Spring 2009. As oil and gas companies begin to
As Bitcoin Gains Momentum, Focus on Regulation Increases
The virtual currency market has emerged in the United Arab Emirates with Dubai’s first Bitcoin ATM introduced in April 2014. Middle East entrepreneurs have begun launching Bitcoin payment products and SMEs are beginning to realise the potential of such technology, with The Pizza Guys becoming the first restaurant in the UAE to accept Bitcoin payments.
Virtual currencies, such as Bitcoin, combine financial and technological instruments and incorporate characteristics of money, accounting, networks and remittances into one concept. As this
5 Ways to Protect your Business from a Cyber Attack
Global cyber-attack threats stand at the highest ever recorded level, jumping 14 percent from 2012 to 2013 (Cisco 2014 Annual Security Report). Furthermore, a recent Microsoft Security Intelligence Report found that operating system infection rates in the GCC countries were almost twice the worldwide average, with up to 13 computers out of every 1,000 being infected.
The general lack of cybercrime disclosure has made measuring the financial impact of cyber breaches challenging. Reporting of cyber attacks remain
New EU Sanctions Target Russian Oil Sector, State-Owned Banks and Military Exports
The European Union (EU) enacted Council Regulation (EU) No 833/2014 (the Regulation), which contains ‘Stage 3’ sanctions against Russia. These sanctions resemble – but in other ways are different – from the latest US sanctions, and they amount to the stiffest anti-Russian actions taken by Europe since the end of the Cold War. Perhaps most significantly, the EU’s new sanctions are targeting sectors in Russia’s economy which are not directly connected to events in Crimea and eastern Ukraine, as
How to comply with laws that protect personal #data in the #Middle East
Digital Identity Dominates
Having a digital identity for online browsing, transactions and interactions has become necessary to operate in this information age. As more and more lifestyle and business services shift to the digital platform, there has been an explosive growth in personal data capture. The “Big Data” phenomenon has the potential to transform, innovate and optimize entire industries, yet policy makers need to be able to strike the balance between productivity and privacy to protect personal data.
Protecting Personal
Middle East and Africa Technology, IP and Sourcing Focus
Latham & Watkins’ Middle East Technology, IP and Sourcing team has just published the sixth edition of Middle East and Africa Technology, IP and Sourcing Focus.
This edition includes a white paper on preparing a statement of work for a technology or sourcing transaction, guidance on US Trade Controls for companies operating in Qatar, Saudi Arabia, South Africa and the United Arab Emirates, a primer on Data Protection in Saudi Arabia and a round-up of the latest note-worthy telecommunications
Data Protection in the Kingdom of Saudi Arabia: A Primer
Although some surveys of privacy law suggest otherwise, privacy requirements do in fact exist in the Kingdom of Saudi Arabia (KSA)and are very relevant to companies operating there or seeking to provide services to customers in KSA.
Background
The paramount body of law in KSA is the Sharīʿah. The Sharīʿah is comprised of a collection of fundamental principles derived from a number of different sources, which include the Holy Qu’ran and the Sunnah, which are the witnessed sayings and