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UAE: Energy and Infrastructure Ministries Merged

UAE: Energy and Infrastructure Ministries Merged

  • 12/07/202010/07/2020
  • by Benjamin Filaferro

The UAE’s Prime Minister has announced a Government restructuring, which will see the Energy and Infrastructure Ministries merged. The merged Ministry will be led by the country’s current Energy Minister. They have been given a year to achieve new targets. The head of Abu Dhabi’s national oil company ADNOC, Sultan al-Jaber, has been appointed Industry and Advanced Technology Minister and Abdullah al-Marri has been appointed Economy Minister.

A Minister of State for Digital Economy, Artificial Intelligence and Teleworking Applications position has been created and Omar Al-Ulama has been appointed to the position.

A new UAE Government Media Office will also be established while the National Media Council and the Federal Youth Authority will be merged into the Culture Ministry. The General Pension and Social Security Authority will be merged with the Community Development Ministry, the National Qualifications Authority will be merged with the Education Ministry and the Insurance Authority will be merged with the Securities and Commodities Authority.

In addition, half of Government service centres will be abolished and converted into digital platforms within two years. Finally, half of federal agencies will be merged with each other or in ministries. The moves follow an announcement of restructuring last month.

Weekly Spotlight: The DIFC Data Protection Law Enacted; VAT in Saudi Arabia VAT Increased from 5% to 15%

  • 03/07/2020
  • by Benjamin Filaferro

This week two important regulatory developments have come into force.

The Dubai International Financial Centre has enacted its new Data Protection Law. DIFC Law No. 5/2020 replaces DIFC Law No. 1/2007. It came into force on 1 July 2020 but entities who are covered by it will have until 1 October 2020 to comply.

Elsewhere, over in Saudi Arabia, increases to the Kingdom’s VAT rate from 5% to 15% came into force on 1 July. The Kingdom’s General Authority of Customs said all sales and purchases online which include products being imported to Saudi Arabia through customs will be taxed at this rate if their import or consignment arrives on or after the same date.

Weekly Spotlight: Economic Substance Regulation Notification in the UAE Must be Submitted by 30 June

Weekly Spotlight: Economic Substance Regulation Notification in the UAE Must be Submitted by 30 June

  • 27/06/202026/06/2020
  • by Benjamin Filaferro

The UAE’s Finance Ministry has announced all companies in the UAE who engaged in relevant activities up to and including 31 December 2019 must submit a notification of Economic Substance Regulations to its Regulatory Authority by 30 June 2020 to avoid administrative activities. Banking, insurance, investment fund management, financial leasing, headquarters and shipping operations, holding and intellectual property companies, distribution and service centres are all considered relevant activities. The definition of each of these activities can be found in the relevant activities guide on the Ministry’s website. The implications of Coronavirus on Relevant Activities which were directly affected by Government restrictions including travel bans, self-isolation measures, social distancing etc will be taken into account when assessing whether a UAE-licensed company has met the Economic Substance Regulations test for the relevant period.

Abu Dhabi: Safe Handling of Food Guidelines Issued

Abu Dhabi: Safe Handling of Food Guidelines Issued

  • 13/06/202012/06/2020
  • by Benjamin Filaferro

Abu Dhabi’s Agriculture and Food Safety Authority has issued guidelines on how to deal with food safely during the Coronavirus pandemic. The guidelines target food outlets, food delivery services and consumers and contain various sections including personal health and managing operations in health entities. They also include provisions on managing delivering and receiving food orders, receiving food meals and instructions for consumers. The aim is to clarify the anti-Coronavirus measures to be taken by food outlets as well as boost health practices by consumers to limit the risk of infection and increase health standards throughout society. The guidelines are available in Arabic, English and Urdu.

Weekly Spotlight: New DIFC Data Protection Law Enacted

Weekly Spotlight: New DIFC Data Protection Law Enacted

  • 08/06/202008/06/2020
  • by Benjamin Filaferro

The Ruler of Dubai has enacted the new DIFC Data Protection DIFC Law No. 5/ 2020. The new law will come into effect from 1 July 2020 and current DIFC Data Protection Law, DIFC Law No. 1/2007, will remain in effect until this date. New DIFC Data Protection Regulations which set out the procedures for notifications to the Commissioner of Data Protection, accountability, record keeping, fines and adequate jurisdictions for cross-border transfers of personal data have also been issued.

The DIFC’s updated Data Protection Law and Regulations set out expectations for Controllers and Processors in the DIFC on several key privacy and security principles. The Data Protection Law combines the best practices from a variety of current, global data protection laws, including the EU’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act and other advance technology agnostic concepts. They will enable DIFC to continue to build upon the Centre’s reputation as a leading global financial centre while also promoting ethical data sharing. The new Data Protection Law and Regulations provide a framework that will support DIFC’s bid for adequacy recognition by the European Commission, the UUK and other jurisdictions, easing data transfer compliance requirements for DIFC businesses.

The changes legislate for accountability of Controllers and Processors through compliance programmes requirements, appointing data protection officers where necessary, conducting data protection impact assessments and imposing contractual obligations that protect individuals and their personal data. Enhanced rights of individuals are clarified in terms of data usage by entities that collect and manage personal data, including contractual clarity on such rights when engaging with vendors of emerging technologies, such as Blockchain and Artificial Intelligence (AI). Permit options for cross-border data transfers and special category personal data processing have been removed. The new Law and Regulations include appropriate data sharing structures between government authorities, which represent a key step forward in data sharing standards within the UAE and the region.

General fines for serious breaches of the Law, in addition to or instead of administrative fines, and ncreased maximum fine limits, have been introduced. In light of the current global pandemic, while DIFC Law No. 5/ 2020 will be effective from 1 July 2020, businesses to which it applies have a grace period of three months, until 1 October 2020, to prepare to comply with it, after which it becomes enforceable.

Weekly Spotlight: LexisNexis MENA Launches a COVID-19 News Blog

  • 05/04/202003/04/2020
  • by Benjamin Filaferro

We have launched a public COVID-19 News Blog, https://www.c19lexismena.com/ which provides free access to the latest legal and tax updates related to COVID-19 in the MENA region in both English and French. It has been produced by Lexis® Middle East and Lexis® Maroc.

Weekly Spotlight: UAE National Disinfection Programme for Public Utilities and Transport

  • 31/03/202031/03/2020
  • by Benjamin Filaferro

The UAE’s Health Prevention Ministry and the Interior Ministry have announced, there will be a ‘National Disinfection Programme’ which will involve a complete sterilisation of all public utilities, public transport and metro services during the weekend. The programme began at 8:00 PM on 26 March 2020 and ended at 06:00 AM on 29 March 2020 but has been extended.

During this period, the movement of traffic and the public will be restricted and public transportation and metro services will be halted. The public have been urged to stay at home during the disinfection period and not to go out unless it is absolutely necessary to get essential supplies or because they work in vital sectors, including energy, telecommunications, health, education, security, law enforcement, military, postal service, shipping and logistics, medicines, water, food, civil aviation, airports, passports, banking and financial services, government media and the service sectors, including petrol stations and construction. During this period workers’ personal or work identity will be checked and verified.

Weekly Spotlight: Internet and Skype Restrictions Lifted in the UAE and Oman

  • 23/03/202023/03/2020
  • by Benjamin Filaferro

Oman’s Telecommunications Regulatory Authority has announced it is lifting Skype restrictions for businesses. It is a landmark move and will allow Skype for Business, Google Meet and Zoom to be used. The aim is boost business continuity and enable communications to continue.

Meanwhile, in the UAE, according to local media reports, the country has lifted some restrictions on internet calls there. However, the Telecommunications Regulatory Authority has not been able to be reached for comment. Under the relaxed rules, businesses will be able to use Microsoft Teams and Zoom. However, the restrictions on Skype, WhatsApp and FaceTime will not be lifted.

Weekly Spotlight: The UAE Unifies Company Disclosure Templates

Weekly Spotlight: The UAE Unifies Company Disclosure Templates

  • 16/03/202016/03/2020
  • by Benjamin Filaferro

The UAE’s Securities and Commodities Authority has announced it has approved an initiative to unify the templates used for listed company disclosures. The unified templates have been circulated to all the listed companies and financial markets with the aim of unifying procedures and disclosure requirements in the country’s financial markets.

The Authority’s CEO said the new initiative aims to improve services for investors and traders in the market and ensure the quality of the disclosures published. He added the initiative is also aimed at increasing transparency and ensuring no important information is overlooked.

Weekly Spotlight: New Ownership Deeds in Saudi Arabia Can be Issued Under New Real Estate Law

Weekly Spotlight: New Ownership Deeds in Saudi Arabia Can be Issued Under New Real Estate Law

  • 08/03/202006/03/2020
  • by Benjamin Filaferro

The new real estate ownership law in Saudi Arabia allows for an independent ownership deed for each individual unit to be issued. It also allows for associations to manage the property affairs if the number of the allocated units in one joint property is more than three to be established. The association can be a representative of the owners in the matters related to communal areas. In addition, landlords who have a deed which meets the Sharia and legal requirements can also construct buildings and allocate them into independent units and issue an ownership deed for each unit.

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