UAE: Dubai International Financial Courts to Establish Digital Economy Court

Alroeya, 14 December 2021: The Dubai International Financial Centre Courts have announced they are launching a court which will specialise in digital economy issues.

It will specialise in dealing with national and international disputes related to current and updated technologies in various area including big data, Blockchains, Artificial Intelligence and cloud services to disputes related to uninhibited air vehicles, 3D printing and robots.

The Courts are in the process of appointing leading judicial experts to operate and supervise the digital infrastructure and advanced service capabilities of the Court. It will start providing services in the first quarter of next year.

It will support specialist divisions in existing courts including the Technology and Construction Division and the Arbitration Division.

Early next year, the new court will assign a group of international lawyers and industry experts to draft and approve new rules for the Court. A 30-day consultation on them will be launched and they will then be issued.

The aim is to simplify and settle all complex commercial and civil disputes related to the international digital economy. For full story, click here.

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UAE: Working Week Circular Issued

Arabian Business, 13 December 2021: The UAE’s Federal Authority for Government Human Resources (FAHR) has issued a Circular on the working week changes.

It has been issued to all ministries and authorities.

The working week changes come into force on 1 January 2022.

The Circular clarifies that the official working week for federal government employees will be Monday to Friday from 7.30AM until 3.30PM daily, except for Friday when working hours will end at midday.

Federal authorities should comply with the new system and make the most of the benefits it offers provided the flexibility does not contradict with the work requirements and falls within the official working hours.

Federal authorities will be able to activate remote working system on some jobs provided they coordinate with the Authority before implementing the system. Also reported in Alroeya on 13 December 2021. For full story, click here.

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UAE: Working Week Changes Announced

Gulf News (United Arab Emirates), 7 December 2021: The UAE authorities have announced working week changes.

The working week will be reduced to four and a half days in a first in the world.

The weekend will now run from Friday afternoon to Sunday.

The new working week will apply in Federal Government departments from 1 January next year.

They will work eight and a half hours a day Monday to Thursday and four and a half on Fridays. Employees will also be allowed to choose flexible work or work-from-home options on Friday.

The move is aimed at improving productivity and creating a more positive work-life balance.

In addition, Friday sermons and prayers will be held after 1.15pm around the country throughout the year.

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UAE: Online Security Law Approved

The UAE’s President has approved a new Online Security Law. It will cover the tackling of online harassment, bullying and fake news.

It is one of the first types of law in this area in the region and will come into force on 2 January 2022.

It addresses online false advertising or promotions, including unlicensed trading in crypto-currencies and medical products and supplements.

It also contains provisions on fake news and misleading information, using online tools, networks and platforms to broadcast, publish, republish, circulate or recirculate fake news. This includes false and misleading information, false reports purporting to originate from official sources or which falsely misrepresent official announcements.

It also gives courts powers to confiscate devices, software, content or other means used in the carrying out of a crime and allow this information to be deleted.

It aims to improve community protections from online crimes committed through networks and information technology platforms. It also aims to protect public sector websites and databases and tackle the spread of rumours and fake news.

In addition it aims to protect against electronic fraud and preserve individual privacy and rights.

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UAE: Trademarks Law Amended

The UAE’s President has approved amendments to the country’s Trademarks Law.

The amendments include providing protection to three-dimensional trademarks, holograms, sound trademarks like musical tones associated with a company and which distinguish its products and smell trademarks like creating a distinctive scent for a company or brand. The amendments mean more trademarks will be able to be protected.

The amendments also include registering geographical names of trademarks or products whose name is associated with the names of specific geographic regions, countries or cities and are famous for producing this product. These amendments are aimed at improving the UAE’s position in promoting its famous products like dates.

In addition, a requirement to have a trade license to allow a trademark to be registered has been abolished.

SME owners will also be granted temporary protection to protect the trademark of their products during their participation in exhibitions.

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UAE: Amendments to Copyrights and Neighbouring Rights Law Approved

The UAE’s President has approved amendments to the Federal Copyrights and Neighbouring Rights Law.

The amendments offer special benefits for disabled people to improve their participation in this vital sector.

It covers all substantive issues relating to author’s rights and neighbouring rights, including the right to determine first publication of the work, the right of writing the work in their name and the right to protest against alteration of the work if the alteration leads to the author’s intent being distorted.

The amendments are aimed at maximising the creative industries’ contribution to the UAE economy.

They are also aimed providing authors of the works and the holders of the neighbouring rights with more rights where their rights are violated.

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UAE: Amendments to Electronic Transactions Law Approved

The UAE’s President has approved amendments to the Electronic Transactions and Trust Services Law.

They are aimed at ensuring they keep up to date with technological developments and improve ongoing digital transformation.

They give e-signatures the same weight as handwritten signatures.

This means parties who are required to sign something will not have to be physically present to sign.

This will extend to Government transactions like contracts and agreements which use these types of signatures providing the country where the transaction occurred has adopted sophisticated authentication mechanism and trust services similar to the UAE standards.

They will be able to be used in various civil and commercial transactions, including marriage, personal status, notary and real estate services like renting, buying, selling and amending contracts as well.

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UAE: Amendments to Commercial Companies Law Approved

The UAE’s President has approved a Law amending the country’s Commercial Companies Law.

Under the amendments, investors and entrepreneurs will be able to establish and own all of onshore companies across all sectors, except in a small number of reserved strategic activities.

The amendments also specify the companies which will be exempt from the Law’s remit.

There are also amendments to corporate governance and strategic activities provisions.

In addition, the amendments clarify the responsibilities of boards of directors, executive management and general assembly authorities.

They also specify the requirements for bonds and instruments to be issued, acquisitions and the administrative penalties to be imposed on violators.

Finally, the amendments detail the approvals and licenses required by companies to be able to carry out commercial activities in the UAE as well as the company’s name, contract, incorporation procedures and conditions for increasing and decreasing capital.

The aim is to boost the country’s competitive advantage and is part of a wider Federal Government economic diversification strategy. They want to create an innovation-led and knowledge-based economy.

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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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