UAE: Online Security Law Approved

The UAE’s President has approved a new Online Security Law. It will cover the tackling of online harassment, bullying and fake news.

It is one of the first types of law in this area in the region and will come into force on 2 January 2022.

It addresses online false advertising or promotions, including unlicensed trading in crypto-currencies and medical products and supplements.

It also contains provisions on fake news and misleading information, using online tools, networks and platforms to broadcast, publish, republish, circulate or recirculate fake news. This includes false and misleading information, false reports purporting to originate from official sources or which falsely misrepresent official announcements.

It also gives courts powers to confiscate devices, software, content or other means used in the carrying out of a crime and allow this information to be deleted.

It aims to improve community protections from online crimes committed through networks and information technology platforms. It also aims to protect public sector websites and databases and tackle the spread of rumours and fake news.

In addition it aims to protect against electronic fraud and preserve individual privacy and rights.

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UAE: Trademarks Law Amended

The UAE’s President has approved amendments to the country’s Trademarks Law.

The amendments include providing protection to three-dimensional trademarks, holograms, sound trademarks like musical tones associated with a company and which distinguish its products and smell trademarks like creating a distinctive scent for a company or brand. The amendments mean more trademarks will be able to be protected.

The amendments also include registering geographical names of trademarks or products whose name is associated with the names of specific geographic regions, countries or cities and are famous for producing this product. These amendments are aimed at improving the UAE’s position in promoting its famous products like dates.

In addition, a requirement to have a trade license to allow a trademark to be registered has been abolished.

SME owners will also be granted temporary protection to protect the trademark of their products during their participation in exhibitions.

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UAE: Amendments to Copyrights and Neighbouring Rights Law Approved

The UAE’s President has approved amendments to the Federal Copyrights and Neighbouring Rights Law.

The amendments offer special benefits for disabled people to improve their participation in this vital sector.

It covers all substantive issues relating to author’s rights and neighbouring rights, including the right to determine first publication of the work, the right of writing the work in their name and the right to protest against alteration of the work if the alteration leads to the author’s intent being distorted.

The amendments are aimed at maximising the creative industries’ contribution to the UAE economy.

They are also aimed providing authors of the works and the holders of the neighbouring rights with more rights where their rights are violated.

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UAE: Amendments to Electronic Transactions Law Approved

The UAE’s President has approved amendments to the Electronic Transactions and Trust Services Law.

They are aimed at ensuring they keep up to date with technological developments and improve ongoing digital transformation.

They give e-signatures the same weight as handwritten signatures.

This means parties who are required to sign something will not have to be physically present to sign.

This will extend to Government transactions like contracts and agreements which use these types of signatures providing the country where the transaction occurred has adopted sophisticated authentication mechanism and trust services similar to the UAE standards.

They will be able to be used in various civil and commercial transactions, including marriage, personal status, notary and real estate services like renting, buying, selling and amending contracts as well.

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UAE: Amendments to Commercial Companies Law Approved

The UAE’s President has approved a Law amending the country’s Commercial Companies Law.

Under the amendments, investors and entrepreneurs will be able to establish and own all of onshore companies across all sectors, except in a small number of reserved strategic activities.

The amendments also specify the companies which will be exempt from the Law’s remit.

There are also amendments to corporate governance and strategic activities provisions.

In addition, the amendments clarify the responsibilities of boards of directors, executive management and general assembly authorities.

They also specify the requirements for bonds and instruments to be issued, acquisitions and the administrative penalties to be imposed on violators.

Finally, the amendments detail the approvals and licenses required by companies to be able to carry out commercial activities in the UAE as well as the company’s name, contract, incorporation procedures and conditions for increasing and decreasing capital.

The aim is to boost the country’s competitive advantage and is part of a wider Federal Government economic diversification strategy. They want to create an innovation-led and knowledge-based economy.

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UAE: Personal Data Protection Law Approved

The UAE’s President has approved a Personal Data Protection Law. It will apply to the processing of personal data, whether in whole or partially in electronic systems, inside or outside the country.

It bans the processing of personal data without the consent of its owner.

There are some exceptions where the processing is required to protect the public interest, where the processing is related to personal data which has become available and known to all by an act of the data owner, or where the processing is necessary to carry out any of the legal procedures and rights.

It also defines the controls for the processing of personal data and the general obligations of companies with personal data. They also have to secure personal data and ensure it stays confidential and private.

Finally, it defines the circumstances in which the owner has the right to request inaccurate personal data be corrected and its processing be restricted or stopped. It also sets out the requirements for cross-border transfers and sharing personal data for processing purposes.

A Decision establishing a UAE Data Office has also been issued. Under Decision No. 44/2021, the Office will be affiliated to the Cabinet.

It will be responsible for proposing and preparing policies and legislations related to data protection as well as proposing and approving the standards for monitoring the application of Federal legislation regulating data protection.

In addition, it will be responsible for preparing and approving systems for complaints and grievances and issuing the necessary guidelines and instructions to implement data protection legislation in the country.

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Abu Dhabi Global Market Launches Consultation on Amendments to Beneficial Ownership & Control Regulations 2018

The Registration Authority of Abu Dhabi’s Global Market has launched a consultation on proposed amendments to the Beneficial Ownership & Control Regulations 2018. It ends on 23 December 2021.

The amendments are aimed at aligning and strengthening the regulations more with international standards and best practice.

If approved, the amendments will clarify the cascade approach for identifying beneficial owners of ADGM Persons who are natural persons who indirectly have a material ownership interest in an ADGM Person through an intermediate holding entity and impose duties on ADGM Persons which have one or more nominee directors to maintain a record of nominee directors and the identity of the person on whose behalf each nominee director acts and to keep their particulars.

They will also clarify that ADGM Persons must ensure no share transfer or change of ownership in the entity will be recognised or given any effect unless the record of beneficial owners is updated and the required particulars are provided to the Registrar.

In addition, a power will be given to the Registrar to recommend that a person is removed from the record of beneficial owners of the ADGM Person if the Registrar considers that having that person as a beneficial owner is contrary to the ADGM regulations or prejudicial to the interests of ADGM.

Finally, a power will be given to the Registrar to cancel the licence of, or strike-off, an ADGM Person for failing to comply with a notice given by the Registrar.

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Dubai: Notary Public Law Amended

Dubai’s Ruler has issued Dubai Law No. 26/2021 amending Dubai Law No. 4/2013 on Notary Publics in the Emirate of Dubai. It will be published in the Official Gazette and come into force on its published date.

Among other things, an electronic notary public provision has been added to Article 14 of Dubai Law No. 4/2013. It covers an automated system which performs a notary public’s duties, without human interference or the need to be present at the office of the notary public.

Under the Law, only UAE citizens with the necessary qualifications and background can perform the role of a notary public.

Article 8 of Dubai Law No. 4/2013 on the Notary Public Affairs Committee has been amended to state the Committee should include at least one judge from Dubai Courts.

Article 10 of Dubai Law No. 4/2013 on the conditions for listing a notary public in the registry of Dubai Courts has been amended as well.

Article 14 of Dubai Law No. 4/2013 on the roles and responsibilities of an individual or private company licensed to provide notary public services in Dubai has been amended. Companies providing notary public services should inform the Dubai Courts about licensed individual notary publics working in the company. They should also ensure the individuals are provided all the tools required to provide the service. The private company will be held liable for any mistake made by the company or its individual notary publics. Fines imposed for errors under the Law or any other Decision need to be paid within 30 days.

In addition, Article 20 of Dubai Law No. 4/2013 on the functions of the private company providing notary public services and the Electronic Notary and Article 33 of Dubai Law No. 4/2013 on procedures set by the head of Dubai Courts for correcting mistakes have been amended.

Penultimately, Article 35 of Dubai Law No. 4/2013 on electronic notary services, procedures for verifying the identity of a person, virtual calls and paying fees has been amended.

Article 36 of Dubai Law No. 4/2013 on the creation of a permanent grievance committee has been amended so as it includes at least one judge from the Dubai Court.

Finally, Article 37 of Dubai Law No. 4/2013 on grievance procedures and Article 39 of Dubai Law No. 4/2013 on inspections conducted on notary publics, guarantees and penalties imposed for violations have been amended.

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