Legal Safeguard for Personal Data Protection in Digital Contracts: A Critical Analysis Under UAE Law in Light of the GDPR

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.