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We are excited to share the latest edition of the Law Update, beautifully and appropriately titled “Sustainable Horizons: The Saudi Arabian Vision.” Giving special honor to the Kingdom’s 2030 vision, this update focuses on a collection of both informative and inspiring articles.
For those in construction, you can learn about how the tendering environment impacts risk-pricing for contractors, the updates on the legal framework of the construction industry and how contractors can protect themselves against financial difficulties.
There is good news too from the kingdom’s banking sector, from which the practice of “Open Banking” is being pushed for! But what is open banking? We’re answering that too.
Also . . . Are there any women trail blazers in Saudi Arabia you can name? We’ll help you with that. We cover how the Middle East has been making strides in empowering women in the entrepreneurial space,most notably in STEM fields.Read the full edition
The Ministry of Health and Prevention introduces a process for transferring health data outside the United Arab Emirates.
Ministry of Health and Prevention (MOHAP) Resolution No. 51/2021 allowing health data transfers outside the UAE (Resolution) issued on 28 April 2021 became effective from 16 May 2021 being the date of publication in Gazette No. 702. Here are the salient points to enable the healthcare community to mobilise.
Federal Law No. (2) of 2019 concerning the Use of Information and Communications Technology in Health Fields (ICT Health Data Law) and its implementing regulations Cabinet Resolution No.32 of 2020, together regulate the uses of information and communications technology for the healthcare sector in the country. The ICT Health Data Law contains provisions concerning data processing, data security and confidentiality, and data localisation and is the primary UAE health data protection law.
In accordance with Article 13 of the ICT Health Data Law, health data cannot be stored, processed, generated, or transferred outside of the UAE, unless the activity has been approved by a resolution of a health authority in coordination with the MOHAP.
The Resolution provides long-awaited clarity on this topic.
Under the Resolution, MOHAP confirms the process for transferring health data outside UAE.
The basic position remains the same, health data and information (“Health Data”) may not be stored or transferred outside the UAE if it is related to health services provided inside the country, with the exception of the following cases:
The transfer of Health Data under these exceptions will be subject to strict controls concerning:
As the Resolution has been published in the Official Gazette and there are no apparent transitional mechanisms, it is in full legal effect as of now. Consequently, all regulated entities will need to comply. Therefore, healthcare industry operators and digital technology providers are encouraged to familiarise themselves with this Resolution with a view to bringing their activities into conformity.
Our leading Healthcare and Life Sciences Practice is the largest healthcare legal practice in the region. Our lawyers are available to support on every aspect of healthcare regulation compliance.
Partner, Head of Regulatory, Head of Healthcarea.firstname.lastname@example.org
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