Abstract
In this study, we examine the legal guarantees for the protection of personal data in digital contracts under United Arab Emirates law and investigate whether the obligations imposed on parties to safeguard personal data are effectively observed amid the rapid expansion of digital contracting and the growing practice of sharing data with third parties without the data subject’s consent. We argue that such practices give rise to legal disputes that cannot be adequately addressed through traditional civil and criminal frameworks alone. This article provides a comparative analysis of UAE Personal Data Protection Law No. 45 of 2021 (PDPL) and the European Union’s General Data Protection Regulation (GDPR) of 2016. Employing a descriptive analytical legal methodology supported by statistical analysis, we evaluate indicators of customer awareness and trust in the existing data protection regime. This study reveals that gaps remain in the coherence and effectiveness of the current framework, and we recommend that the UAE legislature adopt a more unified regulatory approach and emphasize reliance on the Civil Transactions Law by prioritizing compensation for proven damage as the primary basis of liability, rather than focusing solely on fault or negligence.
Keywords:
civil liability; data processing; digital contract; GDPR; personal data protection; UAE
Othman, A.M.Z.; Alqaydi, A.O.; Abdou, M.M.; Aboelazm, K.S. Legal Safeguard for Personal Data Protection in Digital Contracts: A Critical Analysis Under UAE Law in Light of the GDPR. Laws 2026, 15, 141. https://doi.org/10.3390/laws15050141
Ayman M. Zain Othman
Dr. Ayman Zain Othman is an associate professor of Civil Law at the University of Kalba (UKB), Kalba, Sharjah, United Arab Emirates. His research interests focus on various aspects of civil law, including artificial intelligence, smart contracts, blockchain technology, consumer protection, labour law and Personal Data Protection. He has published several scholarly works in these fields and actively
Dr. Ayman Zain Othman is an associate professor of Civil Law at the University of Kalba (UKB), Kalba, Sharjah, United Arab Emirates. His research interests focus on various aspects of civil law, including artificial intelligence, smart contracts, blockchain technology, consumer protection, labour law and Personal Data Protection. He has published several scholarly works in these fields and actively
contributes to legal research. ORCID/0000-0002-1797-8158; Scopus Author ID: 58981803000
