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

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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Dubai: New Fine System Speeds Lifting of Travel Bans

Khaleej Times, 8 August 2023: The Dubai Public Prosecution has introduced a smart fine payment service, which will enable individuals convicted in criminal cases to pay their fines electronically and have travel restrictions automatically revoked.

The smart service allows payment related to criminal judgments, in which fines have been issued as judgments in presence, absenteeism, and legal presence. The service covers all stages of litigation, including the primary, appeal, and cassation. After the fine payment, the smart service coordinates with the Dubai Police to cancel arrest warrants and halt searches for the individual.

The smart payment service for fines is a proactive digital service that has been added to the package of prosecution services that are in line with the 360 ​​services policy. It reduces the need to personally visit the Public Prosecution headquarters to announce a default judgement and pay fines.

Individuals will be able to make these payments in three ways.

By the first, they will be able to click on an attached link in the text message sent by the Public Prosecution. After clicking on the link, they are redirected to a page where they can login using a digital ID and then pay the fine electronically.

Fines can also be settled through payment machines for an electronic payment process or at cash payment machines. These machines accept banknotes of all denominations until the fine is fully paid. Alternatively, fines can be paid electronically using cards.

Finally, fines can also be paid on the Public Prosecution website, where the customer logs in by using the digital ID, and pays the fine electronically.

The individual then receives a text message from the Public Prosecution confirming the completion of the payment process. The message also indicates the cancellation of the arrest warrant and that the search for the individual has been stopped.

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Dubai: Amendment to Railway Regulations

Khaleej Times, 24 July 2023: Dubai Executive Council Decision No. 1/2017 has been amended. The amendments involve the roles and responsibilities of the Roads and Transport Authority (RTA) in Dubai. They also detail the functions of the RTA, which include planning, design and development of the public railway network in Dubai.

The RTA has been tasked with defining the requirements, procedures, controls, standards and specifications applied by its Safety Regulatory Entity, as well as the requirements, procedures and controls necessary for issuing the certificates specified in this resolution by the RTA Rail Agency and the Safety Regulatory Entity. Dubai Resolution No. 53.2023 also tasks the RTA with ensuring that certificates issued by the Rail Agency of the RTA and the Safety Regulatory Entity are free from any conflict of interest. These certificates will be issued independently of the owners, operators, contractors and any other individuals or entities covered by the provisions of this resolution.

The RTA will also be responsible for cooperating and coordinating with relevant authorities in Dubai and neighbouring emirates including on integrating of railway and other transportation systems.

The RTA will be authorised to enter into contracts and agreements involving railway systems, adopting policies, plans and programmes submitted to it by the Rail Agency and the Safety Regulatory Entity in all matters related to the provisions the resolution and associated resolutions.

Article 6 outlines the functions of the Rail Agency of the Roads and Transport Authority (RTA), which includes proposing policies, plans, and programmes for developing and designing the public railway network, submitting them to the Director General of the RTA for approval, and supervising implementation after approval.

The Rail Agency will also approve the Railway Protection Rules, General Guidelines, Planning and Design Standards Guide, and establish the criteria for contractor, consultant and operator qualification and accreditation, as well as issuing no-objection certificates and compliance certificates.

Dubai Resolution No. 53/2023 also amends Article 7 and 10 of Dubai Executive Council Resolution No. 1/2017 and replaces Article 15 of Dubai Executive Council Resolution No. 1/2017 on penalties and administrative measures, Article 17 of Dubai Executive Council Resolution No. 1/201 on judicial seizure and Article 18 of Dubai Executive Council Resolution No. 1/2017 on complaints.

The Resolution has also replaced two tables Dubai Executive Council Resolution No. 1/2017 – Table 4 on fees for issuing certificates and providing services, and Table 6 on violations and fines related to the RTA Rail Agency.

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Dubai: Guide on Family Business Governance Issued

Albayan, 11 July 2023: In line with the directives of the Dubai Ruler to develop a comprehensive system which aids family businesses, the Dubai Centre for Family Businesses has released a guide to assist these businesses in creating and implementing the necessary governance frameworks.

The objective is to ensure a smooth transition of leadership and the continuity of operations. This guide draws upon the best international practices while considering the local context of the Emirate.

It emphasises the importance and role of the Family Constitution, also referred to as the Family Accord or Family Protocol. Moreover, it offers practical advice and tools to support families in establishing effective governance practices within their businesses.

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Dubai: Controls for Refunding VAT to Tourists Announced

Alkhaleej, 5 July 2023: The digital government of the UAE has set certain conditions and mechanisms that qualify tourists visiting the UAE to recover the value-added tax on their purchases upon leaving the country.

Tourists can get 85 per cent of the total amount of value-added tax that they paid, from which 4.80 dirhams are deducted as a fee for each “Tax Free” mark.

The conditions that qualify tourists to recover the value-added tax and the mechanism for claiming its refund include that the value cannot be refunded on any goods that are consumed in whole or in part in the country, and goods that the tourist does not take with him when leaving the country, and that the age of the tourist must not be less than 18 years.

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