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Lexis Middle East Law Alert: October-November 2024 Edition

27/11/202419/03/2025
by Hannah Gutang

Welcome to the October-November 2024 edition of Lexis Middle East Law Alert, providing insights into the changing legal landscape in the MENA regions. This issue focuses on the GCC countries’ efforts to attract foreign investment and diversify their economies away from hydrocarbons. The publication highlights Saudi Arabia’s new Investment Law, which aims to provide confidence to foreign investors by ensuring fair treatment, protecting ownership rights, and facilitating ease of exit. Additionally, it covers efforts to streamline business establishment processes in Saudi Arabia, as well as developments in the UAE, Bahrain, and the modernisation of Abu Dhabi’s judicial system.

Furthermore, the issue delves into other notable legal developments, including UAE virtual asset marketing regulations, changes to the ADGM Real Property Law, Bahrain’s Domestic Minimum Top-Up Tax, and insights into dispute resolution and contract watch for Saudi labour contracts. The publication serves as a comprehensive resource for staying updated on the latest legal trends and initiatives in the MENA regions, particularly those aimed at fostering a business-friendly environment for foreign investment.

Stay informed with our meticulously curated content, designed to keep you ahead in the ever-changing legal landscape.

FEATURE: EQUALITY AND OPPORTUNITY

Bedoor Alrabiah of GLA & Co explains that Saudi Arabia has a new Investment Law designed to create a more attractive investment environment there by better protecting local and foreign investors’ rights and providing them with more opportunities.

FEATURE: ALL CHANGE

Dhana Pillai, a representative from the Dubai Ports and Trade Corporation (DPTC), sheds light on how Abu Dhabi Law No. 6/2024 is designed to bring about a contemporary transformation of the judicial system in the emirate.

IN-HOUSE PROFILE: TECHNOLOGY’S REGULATORY IMPACT

Hilal Al Khulaifi, Group Chief Legal, Regulatory & Governance Officer, Ooredoo Group explains how dramatic technological change in
the telecoms sector could lead to a regulatory rethink.

DISPUTE RESOLUTION FOCUS

Waleed Hamad and Myriam Simon of Al Aidarous explain how a significant Dubai Court of Cassation ruling has clarified the legal framework surrounding the enforceability of foreign summary judgments in the UAE.

MOVERS AND SHAKERS

A round-up of the most notable appointments and career progressions within the legal field across the region, highlighting the pivotal shifts reshaping the professional landscape.

CONTRACT WATCH: SAUDI LABOUR CONTRACTS

Jassar Aljohani, along with Sara Khoja and Sarit Thomas from Clyde & Co, shed light on the significant amendments to the Saudi Labour Law, which aim to modernise the Saudi labour market, enhance workers’ rights, and streamline employer responsibilities.

Lexis Middle East Law Alert_October-November 2024

Explore the past editions of the Lexis® Middle East Law Alert and stay up-to-date with the latest news! Click the links below for instant access to older editions.

Lexis Middle East Law Alert_January-February 2024

Lexis Middle East Law Alert_May/June 2024

Lexis Middle East Law Alert_August-September 2024

Lexis Middle East Law Alert_July August 2023

TAX AND FINANCE ROUND-UP

Stay updated on the newest tax and financial news across the region, highlighting Bahrain’s recently introduced Domestic Minimum Top Up Tax.

LEGAL ROUND-UP

Stay informed with our legal round-up, providing a comprehensive overview of recent developments across the region with a spotlight on the UAE’s virtual asset marketing regulations.

LAW MONITOR

Delve into the latest legal advancements in the GCC, encompassing modifications to the ADGM Real Property Law.

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News developments

Oman: Health Ministry Launches Health Institutions Accreditation System

22/11/202422/11/2024
by Hannah Gutang

Times of Oman, 17 November 2024: The Health Ministry has marked the launch of the Omani System for Accreditation of Health Institutions (OSAHI), which will be applied to all government, civil, military and private health institutions.

OSAHI, recognised by the International Society for Quality in Health Care (ISQua), aims to develop healthcare service procedures and improve quality.

The new system seeks to help health institutions in Oman meet their obligations by upgrading the quality of healthcare.

The system was established to be compatible with local reality, aligned with international regulations for the next stage of domestic growth.

Besides catering to the needs of patients, the system also ensures the safety of healthcare workers.

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News developments

Oman: Labour Ministry Launches Initiative To Support Displaced Workers

14/11/202414/11/2024
by Hannah Gutang

The Arabian Stories, 10 November 2024: The Labour Ministry, in collaboration with the Oman Energy Association (OPAL), has announced a new initiative to support individuals who have recently lost their jobs.

The initiative is designed to provide training and employment opportunities for individuals who are no longer employed, by offering them the chance to work as tractor-trailer drivers in various private sector companies.

This initiative comes as part of ongoing efforts to support the workforce and enhance employment opportunities in Oman.

Private sector establishments interested in benefiting from the initiative are required to complete a registration form, which can be accessed through the link: https://t.co/sC3hh1pWKl.

For further details, establishments can contact the OPAL at 23605700 or email their completed forms to training@opaloman.org.

The Ministry is encouraging all private sector companies looking to take advantage of this opportunity to fill out the necessary forms promptly.

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News developments

Lexis Middle East Law Alert: Special Supplement

11/11/202411/11/2024
by Hannah Gutang

Welcome to the Lexis Middle East Law Alert: Special Digital Economy Supplement. This edition offers a preview of the key topics and discussions that will be explored at Ooredoo’s Digital Ecosystem conference, with insightful articles from moderators and panellists leading these sessions. Look forward to the analysis of digital innovation and the policy frameworks shaping transformation across the MENA region.

This supplement features a variety of articles, including:

Feature: The Future of Telecoms

Dr. Bharat Vagadia from Ooredoo Group examines the future of the telecom sector in the MENA region, discussing both technical advancements and regulatory perspectives.

Feature: Consumers: The Right Approach

Ken Wong and Ben Gibson from CMS explore consumer protection approaches within the telecom sector in Saudi Arabia and the UAE.

Feature: Artificial Intelligence

Umar Azmeh, Registrar at the Qatar International Court and Dispute Resolution Centre (QICDRC), analyses how AI is enhancing the GCC’s legal sector, along with its risks and future potential.

Feature: Cloud Computing: Supporting Development

Shahin Yasin from Muayad & Associates provides insights into Iraq’s rising interest in cloud computing across public and private sectors and the legal frameworks needed to facilitate growth.

Feature: Cybersecurity: The Need to Know

Steve Jump from Custodiet explains why understanding a business’ specific cybersecurity needs is essential.

News Round-up: Regional Legal and Regulatory Updates

Stay informed on the latest legal and regulatory changes across the region, including new AI guidelines introduced by the Qatar Central Bank.

Business News Round-up: Battling to Keep Communication Lines Open

Dr. Samer Fares, CEO of Ooredoo Palestine, shares efforts to maintain life-saving communication lines in conflict-affected Gaza.

Lexis Middle East Law Alert – Ooredoo Digital Economy Supplement

Explore the past editions of the Lexis® Middle East Law Alert and stay up-to-date with the latest news! Click the links below for instant access to older editions.

Lexis Middle East Law Alert_January-February 2024

Lexis Middle East Law Alert_May/June 2024 Edition

Lexis Middle East Law Alert_August-September 2024

Interview: Ahmad Mohamed Al-Kuwari > QNBN

Engineer Ahmad Mohamed Al-Kuwari, CEO of Qatar National Broadband Network (QNBN), discusses the critical role QNBN has played in building Qatar’s digital infrastructure and offers insights into the future direction of the Qatari telecommunications sector.

Any Questions? Can Personal Data Leave Saudi Arabia?

Ken Wong from CMS discusses the regulations on transferring personal data outside of Saudi Arabia.

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News developments

Oman: Approval of the Final Draft of the Law on Special Economic Zones and Free Zones

08/11/202408/11/2024
by Hannah Gutang

Al Watan, 30 October 2024: The Legislative and Legal Committee and the Economic and Financial Committee of the Shura Council have approved the final draft of the law on Special Economic Zones and Free Zones in Oman, referred by the government.

This is in preparation for presenting and discussing it during the upcoming regular sessions of the Council, in accordance with Article 72 of Oman Sultani Decree No. 6/2021 On the Issuance of the Constitution of the State, states that Draft laws prepared by the government shall be referred to the Council of Oman for approval or amendment, and then submitted directly to the Sultan for ratification and issuance.

During the meeting, the articles and provisions of the draft law were reviewed, in terms of legal drafting, as well as the opinion of the Economic and Financial Committee, which focused on studying its economic feasibility and its contribution to enhancing investment and providing facilities and incentives for investors in those zones.

Some amendments were made to a number of provisions of the law after the consensus of the honourable members of the two committees.

It is worth noting that the draft law on Special Economic Zones and Free Zones aims to unify the system of guarantees, advantages, incentives, exemptions, and facilities granted to economic activities.

It also helps develop policies for granting income tax exemptions to attract strategic projects in Oman.

Previously, the Economic and Financial Committee had hosted a group of experts and stakeholders from several government institutions to seek their views and benefit from their expertise in order to develop a perspective on the law.

For the full story, click here.

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News developments

Oman: New E-Commerce Regulations Aim to Protect Consumer Rights

31/10/202431/10/2024
by Hannah Gutang

The Arabian Stories, 27 October 2024: The Ministry of Commerce, Industry, and Investment Promotion (MoCIIP) has issued amended regulations under Article 33 of Oman Sultani Decree No. 66/2014, setting specific requirements for entities entering into remote contracts.

These regulations apply to any provider, advertiser, or agent based in Oman or with a representative in the country.

According to the new rules, these entities must obtain approval from the concerned authority, display products accurately in electronic formats, specify the location, date, and method of delivery for items, and establish a clear exchange and return policy that aligns with legal provisions.

The e-commerce regulations have been introduced with the aim of regulating the sector while protecting consumer rights.

Key objectives include fostering the development of e-commerce in Oman while upholding consumer rights and creating a safe and transparent e-commerce environment.

Another goal is to grant the Consumer Protection Authority access to account holders and websites and implement measures to protect consumer rights and address complaints.

Additionally, there is a focus on developing a comprehensive database of e-commerce practitioners in Oman, including both individuals and companies.

The objectives also include promoting trust between consumers and local e-commerce stores and attracting quality investments to boost the sector’s growth.

For the full story, click here.

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News developments

Oman: Biometrics Law Regulations Issued

24/10/202424/10/2024
by Hannah Gutang

The Arabian Stories, 20 October 2024: Regulations on Oman Sultani Decree No. 21/2024 (the Biometrics Law) have been issued.

These regulations aim to provide a structured framework for the collection, analysis, and preservation of biometric data, including fingerprint and genetic information.

The regulation defines key terms related to the Biometrics Law and emphasise that the competent director is responsible for the overall supervision of the biometric database, ensuring that data is collected and updated according to legal provisions.

Article 3 (Chapter Two) states that it is not permissible to modify any of the database data, unless an error is proven in the recorded data, requiring written permission from the director and a detailed report justifying any changes.

On collection and analysis of biological samples, the regulation states that employees who are designated to carry out biometric work will collect biological reference samples, including saliva and blood, in line with scientific methods. Individuals can also voluntarily submit samples for genetic fingerprinting, which will be recorded in the database for legal purposes.

DNA analysis is permitted only in specific cases for example where there are judicial orders or where unidentified samples have been found at crime scenes. The regulations also mandate strict preservation protocols for biological samples, ensuring confidentiality and appropriate storage conditions.

Once the legally stipulated preservation period has elapsed, the competent administration must destroy the biological samples using secure methods.

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News developments

Lexis Middle East HR Alert – October 2024 Edition

21/10/202423/10/2024
by Tanya Jain

Welcome to the latest edition of Lexis Middle East HR Alert – October 2024, your definitive guide to staying ahead of the legal and business developments shaping HR in the Middle East. As the region continues to evolve and embrace global standards, it is essential for HR professionals, legal practitioners, and business leaders to remain informed about the changes and trends impacting the workforce.

In this issue, we explore how retirement in Saudi Arabia is changing following the new Social Security Law, Saudi Arabia Cabinet Decision No. 1022/1445, as explained by Zahir Qayum of Mohammed Ayedh AlShahrani Law Firm. We also delve into the approaches being taken in the UAE to reduce working hours, as discussed by Charles Laubach of Afridi & Angell.

In this issue, we explore how retirement in Saudi Arabia is changing following the new Social Security Law. We also delve into the approaches being taken in the UAE to reduce working hours, as discussed by Charles Laubach of Afridi & Angell.

We cover exemption from contributions in the news round-up, stricter penalties for labour law violations in the immigration focus, and a law on safety and contingencies in vital facilities. Gain insights into a case on an employee’s cryptocurrency entitlements in the case focus section. In the HR Profile, Ashutosh Sinha, Managing Partner and Chief Human Resources Officer at Seintiv Talent Solutions, explains how a focus on people, culture, and performance can transform businesses.

Stay updated with the latest business moves, appointments, and promotions, and explore new and proposed laws affecting the MENA region. This issue also includes the UAE’s progressive new law on Psychiatric Health, also known as the Mental Health Law, which aims to enhance mental health support, including in the workplace.

Happy reading!

This edition features a diverse range of content, including:

Feature: Ready to Retire

The new Social Security Law in Saudi Arabia, Cabinet Decision No. 1022/1445, introduces changes to the retirement system. Zahir Qayum of Mohammed Ayedh AlShahrani Law Firm provides an overview of how retirement in Saudi Arabia is being impacted by these legal reforms.

Trend Setter – Reduced Working Hour

The UAE is exploring approaches to reduce working hours for employees, as examined by Charles Laubach of Afridi & Angell. This move aims to enhance work-life balance and productivity in the country’s workforce. Potential measures under consideration include shorter workweeks and flexible work options.

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

Stay updated with the latest regional developments, including the exemption from contributions to the Nafis fund. Facilities demonstrating support for Emirati competitiveness may be exempt from partial or total contributions based on MOHRE data and reports.

Immigration Focus

Gain valuable knowledge on the evolving immigration and visa rules across the Gulf Cooperation Council (GCC) countries, with a spotlight on the United Arab Emirates’ tougher penalties for labour law violations.

Immigration Focus: Best and Perhaps Better?

Rekha Simpson, Director, Middle East Immigration, Vialto Partners talks about what has been the most interesting immigration development in the UAE and the changes she is most looking forward to.

Law Changes: New and Proposed MENA Laws

Luke Tapp and Sarah Khasawneh of Pinsent Masons explain new safety and contingency requirements which apply to vital facilities following the issue of Qatar Ministerial Decision No. 25/2024.

Case Focus – DIFC Case No. 1739/2024 issued on 17
July 2024

This case, recommended by Wasel & Wasel, highlights a pivotal issue concerning an employee’s cryptocurrency entitlements. This case has set a robust legal precedent that could influence future cases involving digital currencies in the UAE and beyond.

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_October 2024

Have you read the Lexis® Middle East HR Alert – previous 2024 editions? Click the links below to access and read these editions.

Lexis Middle East HR Alert_January 2024

Lexis Middle East HR Alert_May 2024

Lexis Middle East HR Alert_July 2024

HR Profile: Transforming Talent

Ashutosh Sinha, Managing Partner and Chief Human Resources Officer at Seintiv Talent Solutions explains how a focus on people, culture and performance can transform businesses.

In-House Profile: Practitioner Perspective

Sarah Malik, the CEO of SOL International, examines best practices for performance management, particularly when evaluating and providing feedback to directors and senior-level professionals.

Policy Pointers: Mental Health

Emily Aryeetey, Partner at Stephenson Harwood LLP, contributes her expertise on the Mental Health Law that came into force on 30 May 2024 which aims to enhance mental health support, including the workplace.

Moves and Changes

Stay informed about the latest business news, significant appointments, and promotions across the region, ensuring you are up-to-date with the key players in the market.

News developments

Oman: Ministry Issues Notice Regarding Lost Sea Passports

18/10/202418/10/2024
by Hannah Gutang

The Arabian Stories, 9 October 2024: The Transport, Communications and Information Technology Ministry in Oman has issued a crucial reminder for seafarers regarding the protocol for lost identity documents, specifically sea passports.

In the event of a lost sea passport, seafarers are urged to act swiftly.

The first step is to report the loss to the nearest Royal Oman Police station, providing full details of the missing document.

Following this, it is essential to notify the Transport, Communications, and Information Technology Ministry by visiting the General Directorate of Maritime Affairs at the Ministry’s General Diwan building.

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News developments

Oman: FSA Issues Regulation for Health Co-Insurance

10/10/202410/10/2024
by Hannah Gutang

Oman Observer, 8 October 2024: The Financial Services Authority has approved a regulation for co-insurance in the health insurance sector under the Oman Law No. 12/1979.

The regulation aims to increase retention ratios of insurance premiums within Oman and reduce the need for reinsurance abroad.

It allows insurance companies without health insurance licences to obtain co-insurance licences, enabling them to act as reinsurers for health insurance products.

This move aims to improve the retention of health insurance premiums within Oman.

The regulation was issued after considering recommendations from an actuarial study on health insurance prices, prepared in collaboration with an international consultancy firm.

The FSA aims to create specialised health insurance companies to provide better services to customers, as many companies currently reinsure health insurance policies with specific reinsurers outside Oman to avoid potential losses.

However, this practice reduces the retention ratios within Oman and deprives the national economy of fund circulation.

The retention ratio in health insurance was 79% in 2023.

Companies with co-insurance licences will not be allowed to sell health insurance policies but can participate with licensed health insurance companies in bearing part of the insurance risks and pay financial consideration, which is the principle of co-insurance.

The FSA has prepared a regulation for licensing health insurance co-insurance, including clauses on work mechanisms, limits of co-insurance risks among insurance companies, obligations related to issuing co-insurance policies, terms and conditions for policy administration, and administrative penalties for violations regarding co-insurance licensing directives in health insurance.

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