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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UAE: Maternity and Paternity Leave Entitlements Amended

Khaleej Times (United Arab Emirates), 17 November 2021: The new Labour Regulations have amended the maternity and paternity leave entitlements for private sector employees.

Under Federal Decree-Law No. 33/2021, female employees will be able to take 60 days’ maternity leave, including 15 days on half pay.

Where the mother or newborn child fall sick, the employee is able to take an additional 45 days without pay once the initial maternity leave is over, providing the provide an official sick leave certificate.

New mothers of infants with special needs will be entitled to 30-days paid leave after they have completed their initial maternity leave. This can be renewed for another 30 days with no pay. A medical report of the child’s case has to be presented first.

Under the same legislation, employers have to provide women with equal pay for the same job performed by men,. The value will be determined by the Cabinet. Discrimination in terms of duties in the same workplace is also banned.

All provisions regulating the employment of employees will apply without discrimination to working women. Employers are banned from recruiting on the basis of race, colour, sex, religion, nationality, or disability. This is because it will weaken equal opportunities or impair equality in workplaces.

Article 14 of Federal Decree-Law No. 33/2021 bans sexual harassment, bullying, or the use of verbal, physical, or emotional violence against employees by the employer, superiors or colleagues.

The employer may also not use any means of coercion or penalty threat to force employees to perform a task against their will.

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Abu Dhabi: Non-Government Organisation Registration Begins

Gulf News (United Arab Emirates), 18 November 2021: Abu Dhabi’s Community Development Department has announced non-government organisations can now register to be licensed in the Emirate.

This will enable them to operate within the law.

The Department has already started receiving applications in line with an agreement signed earlier this year between them and the UAE Federal Community Development Ministry to implement Federal Law No. 35/2020 (which amends Federal Law No. 2/2008).

The agreement defines the powers of both entities to supervise and regulate this sector.

In order to be eligible to apply for the license, founding members must sign statutes, record the minutes of their meetings signed by the attendees and record minutes of the meeting of the temporary committee. One member of the committee has to be authorised to submit monthly reports and statements which include the names, titles, professions and places of residence of the founding members, copies of their identity cards and passports, as well as their data form.

Under the relevant legislation, Emiratis have the right to apply for one of these licenses in line with these conditions. The association must perform and provide services after establishment for the public interest without collecting profits and anyone should be able to be a member.

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UAE: New Labour Regulations Approved

Gulf News (United Arab Emirates), 15 November 2021: The UAE’s Human Resources and Emiratisation Ministry has announced it has approved new Labour Regulations.

They will come into force in February next year.

Federal Decree-Law No. 33/2021 contains provisions on different work categories, including flexible work, part-time, freelance and condensed working hours.

The aim is to keep up with market changes and provide more protections to employees against bullying, harassment and unlawful seizures of documents.

It states the unlawful seizure of official documents of employees is banned. The regulations also protect employees from being forced by employers to leave the country at the end of an employment tenure, except as required by law. This allows the worker to move from one business to another.

In addition, it specifies the probation period for an employee must not exceed six months in line with the conditions and procedures as determined by the Implementing Regulations to the Law. Labour cases are exempt from judicial fees at all litigation stages as well.

The rights of both parties to a contract in a balanced way are also guaranteed and parties are provided with protection so as they can access and claim their rights.

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Abu Dhabi: Exemption Period to Pay Health Subscriptions Fines Extended

Alroeya, 10 November 2021: Abu Dhabi’s Health Department has announced the deadline for exemptions from delay fines for health insurance subscribers has been extended.

Subscribers now have until 2 January 2022 to pay the outstanding fines.

The move is part of the Department’s commitment to ensuring the continuity of access for all members of society to healthcare services.

The exemption includes individuals sponsored under an individual sponsorship, like domestic workers, children, parents and individuals who are late in completing or renewing the health insurance subscription.

A fine of 300 AED will be imposed for each month of delay after the deadline in addition to any other fines incurred before this exemption. For full story, click here.

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Abu Dhabi: Personal Status Law for Non-Muslims Issued

The UAE’s President and Abu Dhabi Ruler has issued a Personal Status Law for non-Muslims.

It will regulate personal status matters for non-Muslims in the Emirate.

It aims to provide a flexible and developed judicial mechanism for personal status disputes for non-Muslims.

It is the first law of its kind in the world and has been issued in line with international best practices.

It will guarantee the right of non-Muslims to be subject to an internationally acknowledged law which is familiar to them in terms of culture, customs and language as well.

In addition it will protect the interests of children, particularly where their parents separate.

A specialist court to hear these types of disputes has also been established.

Their procedures will be in Arabic and English. This is aimed at helping foreigners understand judicial procedures and improve judicial transparency.

It covers civil marriages, divorces, joint custody of children and inheritance.

The first chapter of the law regulates the marriage procedures for foreigners before the courts. This is done by introducing the concept of civil marriage based on the will of both husband and wife.

The second chapter defines the divorce procedures for non-Muslims. It also specifies the rights of the spouses after divorce and judicial discretion in assessing the wife’s financial rights in line with several criteria. This includes the number of years they have been married for, the wife’s age and the economic standing of each of the spouses.

The third chapter introduces a new concept in custody of children where the parents divorce. This is the concept of shared or joint custody. This will enable fathers and mothers to share custody equally.

The fourth chapter addresses inheritance issues, the registration of wills for non-Muslims and the right of a foreigner to draw up a will to devolve all of their property to any one they want to.

The fifth chapter of the law regulates proof of paternity for non-Muslim foreigners. The evidence will have to be based on marriage or recognition of paternity. Also reported in Alroeya on 7 November 2021. For full story, click here.

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Abu Dhabi Global Market Proposes Merging Regulatory Committee with Appeals Panel

The Financial Services Regulatory Authority of Abu Dhabi’s Global Market has proposed merging its Regulatory Committee and Appeals Panel. Their consultation on the proposals ends on 5 December 2021.

The aim is to create a more streamlined and efficient process for resolving regulatory disputes.

If approved, the change will be introduced by enacting amendments to the Financial Services and Markets Regulations 2015.

The new body would start operating on 1 January 2022.

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UAE: Issuing Cheques in Bad Faith is Still a Criminal Offence

Al Bayan, 3 November 2021: The President of the Court of Appeal in Dubai has announced issuing bounced cheques is still a criminal offence.

They made the announcement following confirmation about the implementation of amendments to the Commercial Transactions Law and the decriminalisation of cheques without a balance.

These amendments do not cancel the criminalisation of giving a cheque in bad faith.

Articles 401, 402 and 403 of Federal Law No. 3/1987 have been repealed.

Under the amendments, the current criminalisation in the Penal Code related to issuing a cheque without an appropriate balance has been abolished, except for in four instances.

These are cheque fraud, cheque fraud by giving an order to the bank not to cash the cheque without right, withdrawing the entire balance before the date of issuing the cheque, intentionally complicating the drafting of the cheque or deliberately signing it in a way which prevents it being cashed. For full story, click here.

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