Operating in ADGM

Should an Employment Contract be issued?

A: The written contract of employment shall be provided to the Employee within a reasonable time, but in any event, not later than 1 month after the commencement of the employment.

Reference: Employment Regulations 2019 Section 5(2)

What are the types of records that an Employer needs to keep?

A: For each Employee, the Employer shall keep a defined set of documentation, examples include, a copy of the Employee’s contract of employment, date employment began, etc. For the full list, please refer to section 11 (Employment records) of the ADGM Employment Regulations 2019.

Reference: Employment Regulations 2019 Section 11

Are there any specific requirements to be included in the Employment Contracts?

A: The Employment Regulations provide minimum standards and requirements. The parties can agree to terms more favourable to the Employee.

Reference: Employment Regulations 2019 Section 1(3)

Is the period of probation included for the purposes of calculation of gratuity and other termination benefits?

A: Yes, the probation period once completed, will be considered as employment with the Employer. It will be taken into account in calculating gratuity and other termination benefits.

Can the probationary period be waived?

A: Yes, the parties to the contract may agree to commence the employment without probation. Probation is not compulsory. Further, it is left to the discretion of the parties to agree upon the actual term of the probationary period subject to a maximum of six months.

Reference: Employment Regulations 2019 Section 9(1)

Can the Employer terminate Employee during probation period?

A: Yes. Either the Employer or Employee may terminate the contract of employment without cause on 1 week’s written notice to the other or for cause without notice.

Reference: Employment Regulations 2019 Section 9(2)

What is the vacation entitlement?

A: Employer shall give an Employee a minimum paid vacation leave of 20 business days per year to be accrued pro rata for Employees who have been employed for at least 90 days.

Reference: Employment Regulations 2019 Section 22(1)

Can accrued untaken leave be carried forward?

A: Yes, an Employee is entitled to carry forward his accrued untaken vacation leave up to a maximum 5 business days into the next year for a maximum period of 12 months after which the unused leave shall expire.

Reference: Employment Regulations 2019 Section 22(2) 

Can Employers determine when vacation is taken?

A: Yes, an Employee should give an Employer at least 7 days notice of proposed leave, which the Employer may reject. Further, the Employer may require an Employee to take Vacation Leave on specified days by giving at least 7 Day’s prior written notice to the Employee.

Reference: Employment Regulations 2019 Section 24

Can an Employee take vacation leave during the first year of employment?

A: Yes. During the first year of employment, the vacation leave entitlement for an Employee is limited to the amount deemed to have accrued at that time, less the amount of vacation leave already taken during that year, unless the Employer agrees otherwise.

Reference: Employment Regulations 2019 Section 25(1)

Can a part-time employee take vacation leave? What are the requirements?

A: The Employment Regulations, as currently drafted, do not include any specific provisions concerning part-time arrangements other than Section 32 (Pro-rata entitlements for part-time Employees). This is a matter to be determined by the Employer’s internal policy and/or contractually agreed with the employee.

Reference: Employment Regulations 2019 Section 32

What is the Maternity Leave entitlement in ADGM?

A: An Employee is entitled to at a minimum 65 business days of maternity leave. The terms of this leave entitlement are outlined within section 33 of the ADGM Employment Regulations 2019.

Reference: Employment Regulations 2019 Section 33

What is the Employee’s payment entitlement during approved Maternity Leave?

A: (i) The first 33 business days of maternity leave: Normal daily wage; and (ii) the next 32 business days of maternity leave: 50% of the normal daily wage.

Reference: Employment Regulations 2019 Section 34(1)

Is Maternity Leave taken out of annual vacation allowance?

A: No. Annual leave shall continue to accrue during maternity leave and may be taken separately. In addition, any national holidays falling on a business day within the maternity leave period shall be treated as additional leave thereby having the effect of extending the maternity leave by the period of the national holiday.

Reference: Employment Regulations 2019 Section 34(3)

Is the Employee entitled for bereavement leave?

A: ADGM Employment Regulations 2019 do not provide for bereavement leave. Generally, this is seen as a matter of internal company policy.

What are standard working hours?

A: An Employee’s working time shall not exceed an average of 48 hours for each 7 day period unless the Employer has first obtained the Employee’s freely-given and informed consent in writing.

Reference: Employment Regulations 2019 Section 16(1) and RA Guidance Note – Employment in Abu Dhabi Global Market (Page 6)

Should overtime be paid for any additional hours worked?

A: Yes. Overtime compensation can be paid as either monetary or by time in lieu, or a combination of both, as decided by the Employer. Monetary overtime compensation is in addition to the Daily Wage and shall be payable at the rate of 25% of the Hourly Rate. For overtime worked between 9pm and 4am, the overtime compensation rate is 50% of the Hourly Rate.

Employees in managerial or supervisory positions, as well as those in positions where it is reasonably expected within that industry internationally that overtime compensation is not payable, are exempted from overtime compensation.

Reference: Employment Regulations 2019 Section 16

Are all Employees entitled for overtime payment?

A: Employees in managerial or supervisory positions, as well as those in positions where it is reasonably expected within that industry internationally that overtime compensation is not payable, are exempted from overtime compensation.

Reference: Employment Regulations 2019 Section 16(6)

Is remote working arrangement possible under the ADGM Employment Regulations 2019?

A: The ADGM Employment Regulations 2019 as currently drafted do not provide any provision for remote working. This is a matter to be agreed between Employer and Employee.

Who is eligible for an End of Service Gratuity?

A: An Employee who completed continuous employment of 1 year or more is entitled to a gratuity payment at the termination of the Employee’s employment.

If the Employer terminates the contract due to Employee’s acts such as Employee’s misconduct, violation of employment contract and violation of ADGM Employment Regulations, End of Service Gratuity does not need to be paid.

Reference: Employment Regulations 2019 Sections 59(1)

How is End of Service Gratuity calculated?

End of Service Gratuity should be calculated as follows:

1. 21 days’ basic wage for each year of the first 5 years of service; and
2. 30 days’ basic wage for each additional year of service,

Provided that the total of the gratuity shall not exceed the wages of 2 years of service. End of Service Gratuity is calculated according to the latest paid basic wage.

Where the termination occurs prior to the end of any full year of employment, the gratuity payment shall be calculated on a proportionate basis.

Reference: Employment Regulations 2019 Section 59(2) & (3)

Is there any payment deadline for the Employer to arrange End of Service Gratuity and other expenses to the Employee upon termination of the contract of employment?

A: Yes. On termination of employment, an Employer shall pay all Wages and any other amounts owing to an Employee within 14 calendar days of such sums becoming due.

Reference: Employment Regulations 2019 Section 13

Upon termination of the contract of employment, is it mandatory for the Employer to bear repatriation expenses for the Employee?

A: Yes. On termination of an Employee’s employment, the Employer is required to provide the Employee with a one-way repatriation flight to the Employee’s country of origin unless (i) the Employee obtains alternative employment or visa sponsorship in the UAE within 30 Days; or (ii) the Employee has been dismissed for cause in accordance with these Regulations.

Reference: Employment Regulations 2019 Section 63

In the event of the contract termination, is the Employee responsible for visa cancellation and other expenses?

A: No. The Employer may not request or demand or accept any sum from the Employee as reimbursement for costs incurred by the Employer in respect of its obligations pursuant to section 4.

Reference: Employment Regulations 2019 Section 4 & 14(2)

Upon termination of an employment contract, how should the Employer calculate the Employee’s accrued but untaken vacation leave?

A: Compensation in lieu of vacation leave shall be calculated using the Employee’s Daily Wage applicable on the Employee’s last day of employment. Daily Wage in the Regulations is defined as the compensation received by an Employee as Wages for services performed during a Business Day.

Reference: Employment Regulations 2019 Section 23(2) & 65

Does the Involuntary Loss of Employment (“ILOE”) scheme apply to ADGM registered entities (Employer) and the Employees?

A: No. The ILOE scheme, which is also referred to as unemployment insurance scheme, is not mandatory in ADGM.

However, ADGM encourages all employees working for ADGM registered employers to register for the ILOE scheme as it provides financial security to employees who involuntarily lose their jobs (excluding the scenarios where the job loss is due to resignation or as a result of disciplinary action).

For more details, please visit ILOE website (www.iloe.ae).

Are there any requirements concerning termination due to redundancy?

A: The Employment Regulations, as currently drafted, does not include any provisions preventing an employer from terminating employment on the grounds of redundancy.

What should I do if I am in an employment-related dispute with my Employer/Employee?

A: The EAO cannot provide legal advice. We suggest seeking independent legal advice.

Can an Employee file a claim against the Employer before ADGM Courts?

A: Yes. If an employee is seeking for judicial assistance, he/she can approach the ADGM Courts for pro bono legal advice before filing a claim, or filing a claim directly (after fulfilling the procedural steps).

Pro bono is offered by ADGM Courts to persons who need legal assistance with a civil or commercial dispute or any other legal issue that falls within the jurisdiction of ADGM Courts and do not have the financial means to pay for such legal assistance. The assistance provided under the scheme involves an independent volunteer lawyer providing advice to an individual in relation to their legal issue at no cost.

For further details, please kindly submit your query to enquiry@adgmcourts.com.

What is the statutory limitation for employment-related claims in ADGM?

A: The statutory limitation period for filing employment-related claims with the ADGM Courts is 6 years.

Reference: Application of English Law Regulations 2015 (U.K. Limitation Act 1980)

Is it possible for an Employee to be accompanied by a third-party during an employer’s investigation process concerning labour disputes?

A: The Employment Regulations, as currently drafted, does not contain any provisions in this respect. However, it would be prudent for the employer to allow the employee to be accompanied by a work colleague, where the subject matter allows this to happened.

Does the UAE Federal Labour Law apply in ADGM?

A: The UAE Federal Labour Law does not apply to ADGM registered entities and their employees.

Reference: Article 3(2) of Federal Law No. 8 of 2004 Concerning Financial Free Zones (which expressly dis-applies civil and commercial Federal laws from financial free zones)

Does the Emiratisation apply to ADGM entities (Employer) and the Employees?

A: No. The Federal Emiratisation laws do not apply in ADGM.

Reference: Article 3(2) of Federal Law No. 8 of 2004 Concerning Financial Free Zones (which expressly dis-applies civil and commercial Federal laws from financial free zones)

What is the basic wage?

A: Basic wage is the Employee’s wage excluding any allowances, bonus, commission, etc.

Reference: Employment Regulations 2019 Section 65

Is it mandatory for the Employer to provide health insurance to the Employee’s dependents?

A: The Employment Regulations, as currently drafted, provides that the Employer is obliged to provide health insurance to the Employees. The Regulations are currently silent with regards to dependents and this is matter to be decided by the Employer’s internal policy.

Reference: Employment Regulations 2019 Section 50

If you are an existing Recognised Auditor, there is a transition period to re-register as a Registered Auditor under the new Auditor's Framework (see FAQ on transition period). There are strict criteria for firms to meet, including eligibility, compliance with relevant standards and principles, as well as professional indemnity insurance. You can find out more about the criteria here (Companies Regulations (Auditors) Rules 2021 - Part 3).

If you believe you meet the criteria, you then must:

-complete and submit the application form to become Registered Auditor; and

-pay the appropriate fees.

The application form to become a Registered Auditor can be obtained from the Registration Authority (RA) by emailing monitoring@adgm.com.

The Registration Authority will review your application and get in touch with any queries necessary to process the registration application.

Note: an ADGM Registered Auditor requires at least one Registered Audit Principal. Hence please also submit completed audit principal registration forms with the application to register your audit firm.

ADGM's Companies Regulations (Auditors) Rules 2021 criteria for registering audit principals includes the requirement for the individual to hold a Recognised Professional Qualification (RPQ) recognised by the Registrar.

An RPQ is a qualification conferred by a Recognised Professional Body (RPB). An RPB is a full member of IFAC.

In addition to holding an RPQ, the individual must also, amongst other requirements, have at least 5 years of relevant post qualification audit experience in the past 7 years, including 2 years of experience in a managerial role supervising and finalising audits of the type being applied for.

For example, if the individual intends to audit companies in the Real Estate sector, their audit experience must demonstrate this. If they are applying for the Public Audit Permit and FI Audit Permit, their post qualification experience must adequately show public interest entity and Financial Institution experience.

Please contact the Registration Authority (RA) to obtain the application form to become a Registered Audit Principal by emailing monitoring@adgm.com.

For further information, please also review the below links:

-ADGM Companies Regulations (Auditors) Rule 2021

-IFAC

You must be an individual and satisfy the eligibility criteria set out in the rules to become a Registered Audit Principal. If you meet the criteria, you must complete the application form and pay the relevant fees. The Registration Authority will review your application and get in touch if any additional information is needed.

Documents to submit include:

- Application form to become a Registered Audit Principal;

- Fee payment receipt;

- Attested relevant qualification certificates;

- Passport copy and valid residence visa; and

- Any other documents (attested where appropriate) to support your application

ADGM's rules governing auditors follow a principles-based approach on PII. The rules do not specify the minimum level of indemnity. The firm is responsible for ensuring it has adequate and appropriate cover at all times.

The Registration Authority (RA) will review the adequacy of the firm's PII cover as part of the firm's application to become a Registered Auditor. The RA will expect to see:

- Policy schedule (including terms of cover, business activity coverage, territorial coverage, insurer(s) details);

- Proposal form (application / renewal form);

- Details of any notifications to the insurer and claims made under the policy; and

- Documentation from the firm to show how it assessed the adequacy and appropriateness of the level of cover.

You will have to complete application forms for additional permits for both the firm and the principals. There are two permits that you can apply for:

- Public Audit Permit - to audit a public interest entity

- FI Audit Permit - to audit a Financial Institution

Please note, FI Audit Permits will only be granted by the Registration Authority if the applicant holds a Public Audit Permit or is applying for a Public Audit Permit at the same time.

If you are applying for re-registration under the new legal framework, you have two options:

1. You can first apply to become a Registered Auditor and then later separately apply for additional permit(s); or.
2. You can submit the application for an additional permit together with your application for re-registration as a Registered Auditor.

The rules governing auditors includes clear eligibility criteria for both audit firms and principals who wish to register with the ADGM.

Yes, you will need an additional permit to audit financial institution clients, namely a Financial Institution (FI) Audit Permit.

ADGM's framework governing Registered Auditors does not allow firms to audit public interest entities or financial institutions without first obtaining the relevant permits. The Registration Authority (RA) grants these permits to both the firm and each principal that the firm nominates. This ensures only firms and principals who have the relevant and required skills are eligible to audit more complex and risky entities.

If your firm has existing financial institution audit clients, applications for an FI Audit Permit should be made at the same time as your application to register the firm as a Registered Auditor in order to continue to offer audit services to these clients. It is important to note that the pre-requisite for an FI Audit Permit is that both the firm and principal must hold a Public Audit Permit.

For more information on additional permits, please see (Companies Regulations (Auditors) Rules 2021 - Part 5).

If your firm is an existing Recognised Auditor in ADGM, the transitional arrangements of the new framework means the firm must re-register 12 months from 1 December 2021 or on your firm's registration renewal date, whichever is the earlier.

For instance, if your firm's audit registration renewal date is 1 March, you have from 1 December 2021 to 28 February 2022 to re-register.

Please note the re-registration process will involve a thorough review of your application. We recommend you plan ahead and factor in time for processing of the application. This will ensure you are able to continue to offer uninterrupted audit services to your clients.

Yes, you will need an additional permit to audit financial institution clients, namely a Financial Institution (FI) Audit Permit.

ADGM's framework governing Registered Auditors does not allow firms to audit public interest entities or financial institutions without first obtaining the relevant permits. The Registration Authority (RA) grants these permits to both the firm and each principal that the firm nominates. This ensures only firms and principals who have the relevant and required skills are eligible to audit more complex and risky entities.

Applications for additional permits can be made at the same time as your application to register the firm as a Registered Auditor, or can be applied for at a later time. It is important to note that the pre-requisite for an FI Audit Permit is that both the firm and principal must hold a Public Audit Permit.

For more information on additional permits, please see (Companies Regulations (Auditors) Rules 2021 - Part 5)

ADGM's Companies Regulations (Auditors) Rules 2021 criteria for registering audit principals includes the requirement for the individual to hold a Recognised Professional Qualification (RPQ) recognised by the Registrar.

An RPQ is a qualification conferred by a Recognised Professional Body (RPB). An RPB is a full member of IFAC.

In addition to holding an RPQ, the individual must also, amongst other requirements, have at least 5 years of relevant post qualification audit experience in the past 7 years, including 2 years of experience in a managerial role supervising and finalising audits of the type being applied for.

For example, if the individual intends to audit companies in the Real Estate sector, their audit experience must demonstrate this. If they are applying for the Public Audit Permit and FI Audit Permit, their post qualification experience must adequately show public interest entity and Financial Institution experience.

Please contact the Registration Authority (RA) to obtain the application form to become a Registered Audit Principal by emailing monitoring@adgm.com

For further information, please also review the below links:

- Companies Regulations (Auditors) Rule 2021

- IFAC

The person must be an individual and satisfy the eligibility criteria set out in the rules to become a Registered Audit Principal. If they meet the criteria, they must personally complete the application form and pay the relevant fees. The Registration Authority will review the application and get in touch if any additional information is needed.

Documents to submit include:

- Application form to become a Registered Audit Principal;

- Fee payment receipt;

- Attested relevant qualification certificates;

- Passport copy and valid residence visa; and

- Any other documents (attested where appropriate) to support your application

For more information on the eligibility criteria to become a Registered Audit Principal, please refer to ADGM's Companies Regulations (Auditors) Rule 2021 which can be found here

ADGM's rules governing auditors follow a principles-based approach on PII. The rules do not specify the minimum level of indemnity. The firm is responsible for ensuring it has adequate and appropriate cover at all times.

The Registration Authority (RA) will review the adequacy of the firm's PII cover as part of the firm's application to become a Registered Auditor. The RA will expect to see:

- Policy schedule (including terms of cover, business activity coverage, territorial coverage, insurer(s) details);

- Proposal form (application / renewal form);

- Details of any notifications to the insurer and claims made under the policy; and

- Documentation from the firm to show how it assessed the adequacy and appropriateness of the level of cover.

The relevant business activity is 'Auditing activities' (code 6918). This is an activity that also requires the completion and submission of an application form, together with supporting documentation, through the Registration Authority (RA) online registry solution, in order for the firm to become a Registered Auditor (see FAQ below on process for a registering firm as a Registered Auditor).

Similarly, if you are an existing registered ADGM Licensee that does not have 'Auditing activities' on its’ licence but wish to add this, you will need to submit a licence variation application to be a Registered Auditor, to add the activity code 6918 to your commercial licence. This is done online, by logging into the RA's online registry solution and selecting 'Maintain Business Activities'. An application form for the firm to become a Registered Auditor and the supporting documentation must also be submitted.

Firstly, only Body Corporates and Partnerships registered with ADGM are eligible to apply to become a Registered Auditor.

Secondly, there are strict criteria for firms to meet, including eligibility, compliance with relevant standards and principles, as well as professional indemnity insurance. You can find out more about the criteria here (Companies Regulations (Auditors) Rules 2021 - Part 3).

If you believe your firm meets the criteria, you then must:

- complete and submit the application form to become Registered Auditor; and

- pay the appropriate fees.

The application form to become a Registered Auditor can be obtained from the Registration Authority (RA) by emailing monitoring@adgm.com.

The Registration Authority will review your application and get in touch with any queries necessary to process the registration application.

Note: an ADGM Registered Auditor requires at least one Registered Audit Principal. Hence please also submit completed audit principal registration forms with the application to register your audit firm.

FSRA will be communicating with the financial services entities on the process for the refund.

There will be a deferment of rental payments and service charges for office tenants at ADGM Square for 2020. AlSowah Square Properties, the landlord of ADGM Square, will continue working closely with all tenants to provide support during this time. Please address your queries directly to Serco, the property managers of ADGM Square, on asp.management@serco.ae.

Yes, ADGM Courts are fully operational and all of their business is conducted through their unique eCourts platform: https://adgmcourts.com.

The ADGM Courts Registrar is contactable for urgent matters on registry@adgmcourts.com.

No, ADGM Courts public notary service is closed. However, Abu Dhabi Judicial Department (ADJD) is open for notary services. If you need any assistance with contacting ADJD, you can email ADGM Courts public notary staff on notarypublic@adgmcourts.com.

No, the ADGM Arbitration Centre is not open but the staff are available for any enquiries on enquiry@adgmac.com.

The ADGM Data Protection Regulations 2021 provide for the protection of personal data within the ADGM.

The Regulations control how personal data is used by organisations and businesses in Abu Dhabi Global Market. It also provides rights to individuals.

All entities registered in ADGM that collect and process personal data are subject to its requirements.

Personal Data means any data relating to an identified natural person or Identifiable Natural Person.

In other words it means data which relates to a living individual who can be identified:

• from that data, or
• from that data and other information which is in the possession of, or is likely to come into the possession of, the Data Controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

Sensitive personal data refers to a category of Personal Data revealing or concerning (directly or indirectly) racial or ethnic origin, criminal record, political opinions, religious or philosophical beliefs, trade‐union membership, and health or sex life.

Due to its ‘sensitive’ nature and its potential misuse in a discriminatory manner, it must be treated more carefully than other Personal Data. Consequently, more stringent requirements must be met by ADGM registered entities for processing Sensitive Personal Data than for other types of Personal Data.

Refer to the questions on what is Personal Data and Sensitive Personal Data.

Sensitive Personal Data is a category of Personal Data, notwithstanding, the difference between Personal Data and Sensitive Personal Data can sometimes be difficult to define.

For example, names and surnames in connection with addresses and dates of birth are usually Personal Data rather than Sensitive Personal Data.

But where a Data Controller is processing such names due to the specific reason that these names and surnames indicate a certain religion or ethnicity, e.g. to send advertising or marketing materials for items or services that are targeted at individuals of this particular religion or ethnicity, then this would be Sensitive Personal Data.

A Data Processor is defined as any natural or legal person (excluding a natural person acting in his capacity as a staff member) who processes Personal Data on behalf of a Data Controller.

Data Processors may include but are not limited to external service providers that have been appointed by an ADGM Data Controller.

Data Controllers must notify the ADGM Office of Data Protection of the appointment of a Data Processor (there is no fee for this).

A Data Subject is the individual (natural person) to whom Personal Data relates or whom particular Personal Data is about.

For example, staff members, clients and customers.

Processing means any collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction of personal data.

The Data Controller determines the purposes for which and the manner in which any Personal Data is processed and must ensure that any processing of Personal Data for which they are responsible complies with the Regulations.

Failure to do so risks enforcement action and compensation claims from individuals or Data Subject.

Data Controllers shall ensure that Personal Data, which they Process, is:

• Processed fairly, lawfully and securely
• Processed for specified, explicit and legitimate purposes in accordance with the Data Subject's rights and not further Processed in a way incompatible with those purposes or rights
• Adequate, relevant and not excessive in relation to the purposes for which it is collected or further Processed
• Accurate and, where necessary, kept up to date; and 
• Kept in a form, which permits identification of Data Subjects for no longer than is necessary for the purposes for which the Personal Data was collected or for which they are further Processed.

All Data Controllers must be able to demonstrate compliance with the above principles.

Personal Data may only by processed in accordance with the requirements set forth in section 2 of the ADGM Data Protection Regulations 2015.

At least one of the following conditions must be met whenever the Data Controller processes Personal Data:

• The Data Subject has given written consent to the Processing of that Personal Data
• Processing is necessary 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 compliance with any regulatory or legal obligation to which the Data Controller is subject
• Processing is necessary in order to protect the vital interests of the Data Subject
• Processing is necessary for the performance of a task carried out in the interests of the Abu Dhabi Global Market or in the exercise of the Board's, the Court's, the Registrar's or the Regulator's functions or powers vested in the Data Controller or in a Third Party to whom the Personal Data is disclosed; or 
• Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller or by the Third Party to whom the Personal Data is disclosed, except where such interests are overridden by compelling legitimate interests of the Data Subject relating to the Data Subject's particular situation.

Personal Data shall not be transferred to a country or territory outside of the ADGM unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects; or you can rely upon appropriate safeguards or specific derogations listed in the Regulations.

For guidance on the transfer of Personal Data, please view this guide.

The adequacy of the level of protection ensured by laws to which the Recipient is subject, is assessed by the Office of Data Protection in the light of all the circumstances surrounding a Personal Data transfer including, but not limited to:

• the nature of the Personal Data
• the purpose and duration of the proposed Processing operation or operations
• if the data does not emanate from the Abu Dhabi Global Market, the country of origin and country of final destination of the Personal Data; and 
• any relevant laws to which the Recipient is subject, including professional rules and security measures.

A list of the jurisdictions that have been designated by the Office of Data Protection as providing an adequate level of protection is available online here

A transfer of Personal Data to a recipient that is located in a jurisdiction that is not on the designated list (see here) is only possible if safeguards are put in place to provide protection for the data, as set out in Part V of the ADGM Data Protection Regulations 2021, such as obtaining the consent of the data subject or using standard contractual clauses. 

Registration as a Data Controller

An ADGM entity that intends to process Personal Data must register as a Data Controller with the ADGM Registrar to do so.

When setting up a company the Data Controller registration is embedded in the application form.

If an existing ADGM entity needs to register as a Data Controller, the form is available via the Registration Authority’s online portal.

Annual Renewal

Data Controller registration is valid for a year and can be renewed annually by submitting an “Application for renewal of registration – Data Protection” through the online portal.

Change in details of the Data Controller

The Data Controller must give notice to the Registrar of any changes in its particulars.  Such notice can be done by completing a Notice of Change of Particulars of Data Controller through our Online Solution.

Appoint a new Data Processor

The Data Controller must notify the Registrar of such appointment or cessation of Data Processor. The first appointment can be made in the initial registration form. Notification of any new appointments and cessations can be done by completing a Notice of Appointment/Cessation of Data Processor through the online portal.

Change in the details of the Data Processor

The Data Controller must give notice to the Registrar of any change in the particulars of its Data Processors. Such notice can be done by completing a “Notice of Change of Particulars of Data Processor” through the online portal.

Appointing or Cessation of a Data Protection Officer

The Controller or the Processor must notify the Commissioner of Data Protection within one month following the appointment or resignation of any Data Protection Officer. The notification must include the contact details of the new Data Protection Officer and, in the case of a resignation, reasons for the resignation

Data Breach Notification

In case of a Personal Data Breach, the Data Controller must without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the Personal Data Breach to the Commissioner of Data Protection, unless the Personal Data Breach is unlikely to result in a risk to the affected individuals.

Data Protection Impact Assessment

The Controller must notify the Commissioner of Data Protection prior to carrying out any Processing where a Data Protection Impact Assessment indicates that the Processing would be likely to result in a high risk to the rights of natural persons.

All ADGM registered entities are required to pay a Registration Fee on incorporation and an annual Renewal Fee for Data Protection. For more information about the fee, please visit the Office of Data Protection - Fees Section.

For more information on your privacy rights under the ADGM Data Protection Regulations 2021, please go to the Information for Individuals page on the Office of Data Protection microsite here.

For more information, tools, resources and links on data protection, please go to the ADGM Office of Data Protection’s microsite here.

The portal permits two distinct user types to be set up:

1) Company User: This will be a user from an ADGM registered entity

2) Guest User: This is a user that does not have an ADGM commercial license, but requires Government Services such as photography or events permits.

A company user is an admin or authorized from ADGM registered companies who has access to ACCESSADGM portal. These individuals liaise with ADGM to process government services such as visas etc.

A guest user is an admin or authorized from a non-registered company, who has access to the portal for requesting temporary ADGM permits such as permits for holding events, or for conducting photography on Al Maryah Island.

Each registered company will receive a system-generated email from ACCESSADGM that will allow the user to set up login credentials and create a user registration. Upon user registration, you will be required to upload the following supporting documents in order to activate your account :

• Copy of passport or Emirates ID of the authorised signatory including signature page.

• Copy of passport or Emirates ID including signature page for delegated individuals that will be processing government services on ACCESSADGM on behalf of the company

• Authorisation letter signed by the company’s authorised signatory and delegated individuals

Please click here to download the authorisation letter template, kindly fill and sign as advised above.

In case you have not received the system link to register, you can go to https://access.adgm.com and follow the same registration steps for the specific user type required (Company or Guest).

In order to register as a guest user, please go to https://access.adgm.com  and register as a guest user.There are no prerequisites for guest user registration.

All fines will be processed through the portal and will be assigned to you are as a task under your Pending Actions tab.

As for refunds, all refunds will be credited back to your portal balance, where you can utilise the balance for your future requests. Please be advised that depending on the service you have requested, a refund may not be applicable and is always subject to Corporate Relations of the Registration Authority approval.

The portal will offer a courier service within UAE at an additional charge. Documents can be collected from ADGM offices and delivered to you at your convenience and preferred date and time.

Should you wish to courier any document to us, you will need to make your own courier arrangement.

Your commercial license number is a unique identifier for your ACCESSADGM account. For those who have multiple companies that are not SPVs or Foundations, please contact our Corporate Relations team to discuss the best arrangement that would work for you.

To view full schedule of fees for government services, please click on the below.

In case you have further enquiries, please send us an email to accessadgm.cases@adgm.com.

Step 1 - Create an account on ADGM's Client Portal ACCESSADGM

ACCESSADGM is an integrated portal that provides a wide range of services including Visa services, Company services, and Letters & Permits.

Step 2 - Apply for an Establishment Card & E- Channels Account

All newly registered entities in ADGM are required to apply for an Establishment Card and E-Channels account which is a requirement at the time of all application for all visa related services.

Establishment Card: This card is required to process all visa related services with the Corporate Relations Office within ADGM. This card is issued by the General Directorate of Residence and Foreigners Affairs - Abu Dhabi (GDRFA) and is a requirement for all ADGM entities that wish to apply for visa services for their employees and will be valid for 3 years.

E-Channels Account: is an online visa application system by the General Directorate of Residence and Foreigners Affairs of Abu Dhabi (GDRFA). This is a requirement for all ADGM entities that wish to apply for visa services for their employees and will be valid for 1 year.

Step 3 - Login to ACCESSADGM

Login and go to government services, click on Visas and apply for the required visa service.

Please note that all event organizers and speakers intending to publicly speak or arrange speaking session(s) (whether physically or virtually) in or from ADGM jurisdiction or to the ADGM community generally must obtain a security clearance permit before any speaking engagement is carried out.

You will not be allowed to speak unless you have an approved permit issued by ADGM permits team. Organizers of any event(s) will be held responsible for obtaining permits for any speakers arranged for their event(s).

Application Process Speaker Clearance Permit:

To apply for a speaker clearance permit kindly complete the online application form and submit the following documents via Access-ADGM at least 5 working days prior to the scheduled event:

Note: Please be aware that permit department team has the right to ask for further information.

Exemptions from Speaker Clearance Permit:

Individuals who have been appointed by a federal decree (His Excellency or a member of the royal family) are exempt from submitting the aforementioned documents. You must still notify the Permits Department about the speaking engagement by providing the names of the speakers on the online application form ( as above).

Diplomatic passport:

To secure diplomatic clearance for a speaker, you must first complete and submit a diplomatic passport application to the Ministry of Foreign Affairs (MOFA). Upon MOFA approval, then you can proceed to apply for a speaker clearance permit via Access ADGM with MOFA approved email. The MOFA Request form for receiving and hosting personalities and delegations of countries and organizations can be accessed here

Compliance with Speaker Clearance Permit Requirements:

Please be advised that failure to submit all the required documents to ADGM by the deadline, which is 5 working days prior to the start of the event, may result in the rejection of your application. Please note that government-declared holidays are not considered working days.

If you have any further questions, please don't hesitate to reach out to the Permits Department at Permits@adgm.com

Starting from Monday January 3rd, 2022, the ADGM Authorities will operate from 8:30 AM – 4:30 PM from Monday to Thursday and from 8:30 AM – 1:00 PM on Friday, in alignment with the new working week in the United Arab Emirates. Sunday 2nd January will not be a working day.

As a leading international financial centre, ADGM collaborates closely with its partners and business communities. The Saturday/Sunday weekend in operation from early 2022 will match most of the world’s other leading financial centres. This step is in line with ADGM’s efforts to generate new growth opportunities, accelerate cross-border collaborations, and support more stakeholders, investors and industries that are based in various time zones and market hours from Asia, Middle East, Europe to the Americas.

Individual businesses at ADGM have the freedom and flexibility to operate whenever they wish to meet their key clients’ requirements. If they need to undertake face-to-face dealings with investors in Silicon Valley on the US West Coast, for example - currently twelve hours behind Abu Dhabi time - they would not operate standard UAE working hours. We encourage ADGM clients to follow the UAE administration's proposals for the new working week for their core working hours.

Yes. However, ADGM Courts will continue to be fully accessible via the ADGM eCourts Platform, and will sit outside ADGM’s new working hours as and when required. All hearings are published on ADGM Courts' Hearing Calendar. All booking enquiries for the ADGM Arbitration Centre can continue to be submitted outside business hours via the Centre’s website: https://www.adgmac.com/

The Employment Regulations 2019 (“Regulations”) do not stipulate what a working week is. Provided that the minimum standards set out in the Regulations are met (e.g. weekly rest period, etc.) ADGM entities are able to choose whether to incorporate the working week changes or not. However, in a bid to develop greater synergy with global markets and ADGM’s business community, registered entities operating on Al Maryah Island are encouraged to align their working days and hours. For any questions, support or guidance, please contact eao@adgm.com.

Any previous deadlines will remain in effect. Deadlines will be subject to change in alignment with the new working week, and will be communicated accordingly.

Yes. However, as a result of its digital nature, the Notary Public and Wills Office will remain accessible online via the ADGM eCourts Platform: https://adgmcourts.com/, despite the change in the working week.