Tanya Jain, Author at LexisNexis Middle East

Dubai: DIFC issues First of its Kind Data Protection Adequacy Decision

16/08/202316/08/2023
by Tanya Jain

The DIFC Commissioner of Data Protection has issued a first-of-its-kind adequacy decision on the California Consumer Privacy Act 2018.

The California Consumer Privacy Act 2018 was amended by the California Privacy Rights Act 2020 which came into force on 1 January 2023. The adequacy decision establishes a determination of the amended law’s equivalence to the DIFC Data Protection Law, DIFC Law No. 5/2020.

It facilitates personal data transfers between DIFC and California-based entities in accordance with DIFC Law No. 5/2020, without having to apply additional contractual measures. It also sets a first-time precedent for building similar relationships with various other US states.

The California Privacy Protection Agency (CPPA) has been recognised as an international organisation ensuring adequate data protection for purposes of personal data processed and transferred by the entities that it supervises.

The amended law provides consumers control and protection over personal data collected by businesses with built-in methods for confining data collection and processing what is fair and lawful, and necessary, in adherence with global data protection standards as well as the Commissioner’s objectives in administering DIFC Law No. 5/2020.

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News developments

Abu Dhabi: ADGM Implements Amendments to Financial Regulatory Framework

15/08/202315/08/2023
by Tanya Jain

15 August 2023: Abu Dhabi Global Market (ADGM) Financial Services Regulatory Authority has announced that it has implemented amendments to its regulatory framework in relation to client classification, client assets, and certain conduct requirements relating to Investment Business.

The amendments affect client classification, marketing materials, the disclosure of fees and charges to Retail Clients, the treatment of Client Assets, and the Regulated Activity of Providing Custody.

They support the Market’s ongoing commitment to align with international best practices and provide a fair, well-regulated, and internationally-recognised platform that meets the needs of its markets. Among other amendments, the net asset requirement for existing Professional Clients, where the continuing eligibility of those clients must be assessed prior to providing new types of services or products has been increased.

The amendments affect the Financial Services and Markets Regulations and the Authority’s Conduct of Business, General and Glossary Rulebooks and have immediate effect.

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News developments

Saudi Arabia: Penalties and Violations Schedule to Labour Law Amended

14/08/202314/08/2023
by Tanya Jain

Gulf News, 11 August 2023: Saudi Arabia’s Human Resources and Social Development Ministry has announced it has amended the schedule of violations and penalties under the Labour Law (Saudi Arabia Cabinet Decision No. 219/1426).

Among other amendments, employers who retain the passports or residency permits of their employees or their family members will be fined 1,000 Riyals. In addition, employers who hire members of staff without the appropriate work permit or without notifying the Ajeer programme will be fined 5,000 Riyals.
An employer who recruits a non-Saudi worker without the requisite work permit or without notifying the Ajeer programme will be fined 10,000 Riyals.

Employers who neglect occupational protection, safety, and health standards approved by the Ministry will be fined between 1,500 and 5,000 Riyals while the firm’s owner or representative will be held accountable for any accidents on the premises.

Entities employing over 50 workers have to provide designated childcare or nursery spaces. If they do not and there are at least 10 children under the age of six in care, they will be fined 5,000 Riyals. Those who hire children under 15 will be fined between 1,000 and 2,000 Riyals. Those who employ women within six weeks post-childbirth will also be fined 1,000 Riyals.

Any employer who commits any form of discrimination against current employees or job applicants will be fined 3,000 Riyals. This includes disparities in work conditions, advertisements, or wages for jobs of equal value between male and female workers.

Employers who retain passports or residency permits of employees or their family members will be fined 1,000 Riyals.
Employers who fail to comply with disbursing wages in the official currency through approved bank accounts will be fined 300 Riyals.
Employers who do not establish an abuse investigative committee or fail to address behavioural violations within stipulated timeframes will be fined 5,000 Riyals.

Fines have to be settled within 60 days of the notification being received. Anyone who fails to comply could have Ministry services suspended.

Also reported in Okaz on 10 August 2023. Read the full story here.

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News developments

UAE: Timeframe to Request Permission to Sell Mortgaged Property Explained

09/08/202309/08/2023
by Tanya Jain

Alkhaleej, 6 August 2023: Federal Decree-Law No. 50/2022 (the new Commercial Transactions Law), which came into force at the beginning of 2023, provides detail on commercial mortgages.

The law explains that a commercial mortgage is one that is over a movable asset as security for a commercial debt.

The law clarifies that if a debtor does not pay the debt secured by the mortgage on the due date, the creditor may, after seven days from the date of warning the debtor to pay, request the court to authorise them to sell the mortgaged property. The request is considered urgently, and the court determines the method of sale.

For the full story, click here.

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News developments

Sharjah: Authorities Issue Reminder on Water Cooler Rules

09/08/202309/08/2023
by Tanya Jain

Khaleej Times, 5 August 2023: Authorities in Sharjah, have reminded the public about the regulations on water coolers, and the requirements to ensure water is not contaminated and to prevent electrical accidents.

Khalfan Rashid Al Mughni, head of operations and the municipal inspection department at the Municipality of Khor Fakkan, stated water coolers should be placed within the boundaries of a house or building compound. Only the water pipe and faucet are allowed to be exposed outside.

The authorities have no objection to people installing water coolers. However, it is forbidden to place water coolers entirely outside the property.

Where this is the case risk of contamination is higher.

The Al Dhafra region Municipality has also launched a campaign called ‘Registering Public Water Coolers or Sabil is the Arabic word for water coolers)

The municipality has launched an electronic platform called ‘Tamm’ which can be used to obtain the required permit for installing water coolers. They have also inspected around 570 water coolers in various neighbourhoods. This follows a number of past incidents where people had been injured including in electrical accidents for users which happened due to improper installation and maintenance of water coolers.

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News developments

Saudi Arabia: Updated Civil Associations and Organisations Regulations in Force

09/08/202309/08/2023
by Tanya Jain

Almadina,7 August 2023: The National Centre for the Development of the Non-Profit Sector has announced the updated NGO executive regulations came into force on 4 August 2023.

The updated regulations aim to empower civil associations and organisations, help maximise their impact and increase the effectiveness of their development projects. It is hoped the changes will help them develop their work mechanisms and administrative systems, and also help them achieve financial sustainability.

The updates are also intended to enhance the legal status of civil associations and institutions and raise their governance standards and the level of transparency on the work of associations and civil institution departments.

Read the full story here.

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News developments

Qatar: Buy Now Pay Later Instructions

09/08/202309/08/2023
by Tanya Jain

Gulf Times,5 August 2023: The Qatar Central Bank (QCB) has issued instructions on “Buy now, pay later”,

Companies which are willing to operate a buy now, pay later (BNPL) system have been told to submit applications in order to receive a license from the bank on this activity. The Central Bank will receive the applications for these licenses in September. Details about the process can be found on QCB’s official website.

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News developments

Kuwait: MPs Propose Pricing Initiatives

09/08/202309/08/2023
by Tanya Jain

Alqabas, 7 August 2023: Five Kuwaiti MPs have submitted a proposal for a law which would return fuel prices to what they were before 2016, cancel the new tariffs on electricity and water, and cancel the exception granted to government agencies in Kuwait Law No. 79/1995 on fees and financial costs.

The purpose of the amended text is to protect the citizen from arbitrary or unfair increases in fees that the government may impose without taking into account objective justifications or the economic conditions of citizens.

For the full story, click here.

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News developments

Abu Dhabi: Six Month Inspection Programme of LPG Systems in Buildings

09/08/202309/08/2023
by Tanya Jain

Khaleej Times, 08 August 2023: The Department of Energy – Abu Dhabi (DoE) has started a project which will involve the inspection, assessment, and repair of LPG systems in nearly 2,800 buildings in the emirate.

Both commercial and residential properties will be inspected. Building owners are accountable for ensuring the effective operation and maintenance of gas systems in their buildings. Under the department’s new regulations, annual inspections are to be conducted and those who fail to meet the requirements will be subject to fines or legal proceedings. Checks will ensure the building meets the UAE Fire and Life Safety Code of Practice requirements.

The comprehensive inspections will be carried out on LPG gas-filling systems, safety equipment, and gas systems inside buildings and connected to residential units.

Building owners and facility managers will be notified of the inspection date at least one week in advance, allowing them to display public notices in building entrances and ensuring tenants are aware of the process and are able to cooperate with the inspectors.

Those that pass the inspection will receive a Certificate of Conformity which will be valid for one year.

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News developments

Lexis Middle East HR Alert – August 2023 Edition

09/08/202309/08/2023
by Tanya Jain

We are pleased to present the August 2023 edition of Lexis Middle East – HR Alert!

Explore our complimentary publication, the Lexis Middle East – HR Alert, which offers a comprehensive array of insights and updates to keep you well-informed about the latest happenings in the Labor and Employment landscape of the MENA region. We have meticulously brought together the latest HR updates and developments of the region to ensure you stay empowered at all times. The publication showcases significant cases and provides insightful information on HR policies and laws of the region.

Inside this edition, you will find special conversations with leading HR professionals, along with expert advice on upcoming trends in the industry. Stay current and enrich your understanding of HR by diving into the newest release of Lexis Middle East – HR Alert.

This edition presents a diverse range of features:

Feature: Coping with Contracts

Explore the changes to employment contract forms in the UAE and Saudi Arabia. Fadi Hassoun and Hadeel Mohamed of Galadari Advocates and Legal Consultants provide you with the essential knowledge to navigate these adjustments effectively.

Trend Setter – From Employee Well-Being to Healthy Organisations

Learn from a forward-thinking technology company, Atlas’s perspective on employee well-being and the importance of maintaining healthy organizations. Presented by Sushmita Acharjee, Senior Manager, HR Service Delivery & Benefits for Atlas in Africa & the Middle East.

News Round-up: Covering Recent Key Developments – Region-Wide

Stay abreast of recent developments, including updates on the Omani Social Protection Fund and other significant news items.

Immigration Focus: Recent GCC Immigration and Visa Changes

The dynamics team at Vialto Partners shares the latest immigration updates from the region, including changes in Emiratisation policies specifically affecting small companies.

Additionally, Umme Salma, Senior Manager at Vialto Partners explains why keeping connected and being prepared is so important in corporate immigration.

Law Changes: New and Proposed MENA Laws

Explore the ramifications of a recent Ministerial Decision that has brought about changes to Emiratisation fines, thus changing the legal landscape.

Case Focus:

Delve into a case study involving an employee who initially failed to claim all their entitlements, providing valuable lessons for HR professionals.

HR Profile – Hospitality

Meet Monique Dekker, a Senior Vice President of Human Resources at Hyatt, Europe, Africa, and the Middle East in the hospitality sector. Gain insights into managing resilience and growth in this dynamic industry.

Policy Pointers – Family Business Policies

Explore policies tailored for family businesses and their implications. Ayesha Karim, Advocate, shares key insights into the crucial aspect of HR management.

Enrich your understanding of the HR landscape and stay up-to-date with the latest trends, cases, and policies through the newest issue of Lexis Middle East – HR Alert.

For all the latest industry updates and developments, opt for a free HR Alert subscription!

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Lexis Middle East HR Alert – August 2023 Edition

Have you read the Lexis® Middle East HR Alert – previous 2023 editions? Click the links below to access and read these editions.

LexisNexis Middle East HR Alert_January 2023

LexisNexis-Middle-East-HR-Alert_March-2023

LexisNexis Middle East HR Alert_May 2023 Edition