Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Electronic Transactions and Trust Services

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Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Electronic Transactions and Trust Services

The last update on this law was listed on 31 Mar 2023

Issued Date: 31 Mar 2023
Effective Date: 13 Jul 2023
Official Gazette Date: 14 Apr 2023
Official Gazette No: 749
Legislation State: Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

INDEX
Article (1) Definitions
Article (2) License Application
Article (3) License Application Examination Procedures
Article (4) TDRA Decision After the License Application Examination
Article (5) Power to Issue License
Article (6) Term of License
Article (7) License Renewal Application
Article (8) Failure to Timely Renew the License
Article (9) License Renewal Application Examination Procedures
Article (10) Decision on License Renewal
Article (11) Grievance Against TDRA's Decision
Article (12) Suspension or Revocation of the License
Article (13) Cases of Amendment to the License
Article (14) Costs of License Suspension or Revocation
Article (15) Obligations of the Licensee
Article (16) Obligations of the Qualified Trust Service Provider
Article (17) Discontinuation of Services
Article (18) Licensee's Obligations to Activate the Termination Plan
Article (19) Reliable Electronic Signatures and Seals
Article (20) Qualified Electronic Signatures and Seals
Article (21) Requirements for Qualified Electronic Signature/Seal
Article (22) Revocation of Authentication Certificates
Article (23) Prohibition of Temporary Suspension of Authentication Certificates
Article (24) Issuance of the Qualified Electronic Signature/Seal Authentication Certificate
Article (25) Revocation of Qualified Electronic Signature/Seal Authentication Certificate
Article (26) Issuing the Qualified Electronic Signature/Seal Device
Article (27) Remote Management of the Qualified Electronic Signature/Seal Device
Article (28) Data Retention of the Qualified Electronic Signature/Seal
Article (29) Archiving Digital Documents
Article (30) Validation of the Qualified Electronic Signature/Seal
Article (31) Qualified Electronic Time Stamp Creation Service
Article (32) Qualified Electronic Delivery Service
Article (33) Compliance Assessment
Article (34) UAE Trust List
Article (35) Qualified Trust Mark
Article (36) Repeals
Article (37) Publication and Entry into Force of the Resolution

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Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services

- The Constitution; - Federal Decree-Law No. (1) of 1972, on the Competences of Ministries and the [Powers of Ministers, as amended...] [preview truncated]
The Cabinet, Having reviewed:
Hereby resolves as follows:

Article (1) Definitions

The definitions set forth in Federal Decree-Law No. (46) of 2021, referred to hereinabove, shall be [applicable hereto...] [preview truncated]
Decree-Law: [definition truncated]
Competent Authority: [definition truncated]
Termination Plan: [definition truncated]
Service Practice Statement: [definition truncated]
Service Policy: [definition truncated]
Subscriber: [definition truncated]
Status of Qualified Service Provider: [definition truncated]
Encryption: [definition truncated]

Article (2) License Application

1. The TDRA shall publish necessary information on all procedures, application forms and information [required for licensing...] [preview truncated]
a. A copy of the License issued by the Competent Authority or other documents that authorize the Lic[ensee to conduct business...] [preview truncated]

Article (3) License Application Examination Procedures

1. The TDRA shall complete and examine the License application and shall verify the information and [documents submitted...] [preview truncated]

Article (4) TDRA Decision After the License Application Examination

1. The TDRA shall issue its decision after reviewing and examining the License application as follow[s...] [preview truncated]
a. Approving the License application for providing Trust Services or specific Qualified Trust Servic[es...] [preview truncated]
2. Where the TDRA approves the License application for providing Trust Services or Qualified Trust S[ervices...] [preview truncated]
a. The TDRA shall issue a License authorizing the applicant to provide the approved Trust Services o[r Qualified Trust Services...] [preview truncated]
3. If the License application for providing Qualified Trust Services set out in the application is a[...] [preview truncated]

Article (5) Power to Issue License

The TDRA shall issue the License decision following the approval of the Chairman or his delegate.

Article (6) Term of License

The term of the License shall be two years, commencing from the date of issuing the License.

Article (7) License Renewal Application

1. At least (3) months prior to the expiry of the License term, the Licensee shall fulfill all requi[rements for renewal...] [preview truncated]
a. The License renewal application shall include all details and documents mentioned in Clause (4) o[f Article (2) above...] [preview truncated]

Article (8) Failure to Timely Renew the License

A Licensee, whose License term expires without getting the License renewed (30) thirty days prior to[the expiry date...] [preview truncated]

Article (9) License Renewal Application Examination Procedures

The TDRA shall review and verify the data and documents submitted within the License renewal applica[tion...] [preview truncated]

Article (10) Decision on License Renewal

The TDRA shall issue its decision after reviewing and examining the License renewal application as f[ollows...] [preview truncated]
a. Issue a License authorizing the applicant to provide the approved Trust Services or Qualified Tru[st Services...] [preview truncated]
2. Rejecting the License renewal application where the TDRA is convinced that the License renewal ap[plication does not meet requirements...] [preview truncated]
a. To set a time limit to address the non-compliance, then the rejection decision shall be reconside[red...] [preview truncated]

Article (11) Grievance Against TDRA's Decision

The License applicant or the License renewal applicant whose application is rejected may submit a ne[w grievance...] [preview truncated]

Article (12) Suspension or Revocation of the License

1. If the License of Trust Service Providers or Qualified Trust Service Providers is suspended, the [...] [preview truncated]

Article (13) Cases of Amendment to the License

1. The Licensee shall notify the TDRA within one week in case of any amendments to or changes in the[license data...] [preview truncated]
a. Details of the establishment and ownership and the business office of the Licensee in the State; [...] [preview truncated]
3. Changes introduced to the License, Trust Services, Qualified Trust Services or the Status of Qual[ified Service Provider...] [preview truncated]

Article (14) Costs of License Suspension or Revocation

The License renewal applicant or the Licensee, whose Status of Qualified Service Provider is withdra[wn, shall bear the costs...] [preview truncated]

Article (15) Obligations of the Licensee

The Licensee shall satisfy the following requirements: 1. Details and documents submitted by the L[icensee shall remain accurate...] [preview truncated]
a. Procedures of registration and verification of Subscribers and activation of services to them; b.[...] [preview truncated]
6. Taking all necessary technical and organizational measures to comply with the federal laws and re[gulations...] [preview truncated]
a. Exposure of the Licensee's information systems to any risk affecting the integrity and safety of [...] [preview truncated]
8. Informing the Subscribers and the Relying Parties in a clear and accessible way before starting t[he service...] [preview truncated]
a. Means for notifying the Subscribers upon the termination or discontinuation of services; b. Mech[anisms for...] [preview truncated]
12. Recording and maintaining information related to data issued and received by the Licensee, parti[cularly...] [preview truncated]

Article (16) Obligations of the Qualified Trust Service Provider

In addition to the obligations set forth in Article (15) above, the Qualified Trust Service Provider[shall...] [preview truncated]
a. Retrieved, subject to the prior consent of the data subject; b. Entered, processed and changed o[nly by authorized personnel...] [preview truncated]
5. Taking all actions necessary for preventing data falsification, theft and unauthorized use. 6. U[...] [preview truncated]

Article (17) Discontinuation of Services

1. The Licensee may not discontinue any of its activities or services without the prior approval of [the TDRA...] [preview truncated]

Article (18) Licensee's Obligations to Activate the Termination Plan

The Licensee shall activate its service Terminal Plan and shall take the following actions: 1. Revo[ke...] [preview truncated]

Article (19) Reliable Electronic Signatures and Seals

1. A Reliable Electronic Signature/Seal shall fulfill the specifications and standards of Encryption[...] [preview truncated]

Article (20) Qualified Electronic Signatures and Seals

A Qualified Electronic Signature/Seal shall fulfill the following requirements: 1. Fulfilling the c[onditions of a Reliable Electronic Signature...] [preview truncated]

Article (21) Requirements for Qualified Electronic Signature/Seal

Authentication Certificate 1. A Qualified Electronic Signature/Seal Authentication Certificate shal[l include...] [preview truncated]
a. Wording or reference, in at least automatable format, stating that the certificate has been issue[d...] [preview truncated]
1) Full name of the Signatory, and where applicable, the identification number as mentioned in offic[ial documents...] [preview truncated]
d. Signature/seal verification data corresponding to data of the Electronic Signature/Seal creation [...] [preview truncated]
2. Where the data of Electronic Signature/Seal creation of the verification of Electronic Signature [...] [preview truncated]

Article (22) Revocation of Authentication Certificates

Where a Qualified Electronic Signature/Seal Authentication Certificate is revoked after being issued[...] [preview truncated]

Article (23) Prohibition of Temporary Suspension of Authentication Certificates

It is prohibited for the Licensee to temporarily suspend a Qualified Electronic Signature/Seal Authe[ntication Certificate...] [preview truncated]

Article (24) Issuance of the Qualified Electronic Signature/Seal Authentication Certificate

1. The Qualified Electronic Signature/Seal Authentication Certificates may be provided as a Qualifie[d Trust Service...] [preview truncated]

Article (25) Revocation of Qualified Electronic Signature/Seal Authentication Certificate

1. If the Qualified Trust Service Provider that issued a Qualified Electronic Signature/Seal Authent[ication Certificate...] [preview truncated]

Article (26) Issuing the Qualified Electronic Signature/Seal Device

1. A Qualified Electronic Signature/Seal creation device may be issued to Signatories as a Qualified[Trust Service...] [preview truncated]

Article (27) Remote Management of the Qualified Electronic Signature/Seal Device

1. The Qualified Electronic Signature/Seal creation devices shall be managed remotely as a Trust Ser[vice...] [preview truncated]
a. Create and manage the Qualified Electronic Signature/Seal creation data on behalf of the Signator[y...] [preview truncated]
1) The level of security of copied datasets must be at the same level of security of original datase[ts...] [preview truncated]
c. To ensure remote conformity with any requirements set out in the qualification certificate of the[device...] [preview truncated]
2. The TDRA shall issue the resolutions pertaining to technological standards and specifications rel[ating to remote management...] [preview truncated]

Article (28) Data Retention of the Qualified Electronic Signature/Seal

1. The Qualified Electronic Signature/Seal data retention service may be provided only by a Qualifie[d Trust Service Provider...] [preview truncated]

Article (29) Archiving Digital Documents

When government authorities archive electronic documents signed by a Reliable/Qualified Electronic S[ignature...] [preview truncated]

Article (30) Validation of the Qualified Electronic Signature/Seal

1. The Qualified Electronic Signature/Seal validation service may only be provided by a Qualified Tr[ust Service Provider...] [preview truncated]
a. Operational and security controls, service management mechanism, physical security requirements, [...] [preview truncated]

Article (31) Qualified Electronic Time Stamp Creation Service

1. The Qualified Electronic Time Stamp creation service may be provided only by a Qualified Trust Se[rvice Provider...] [preview truncated]
a. The service policy and the practices statement, as mentioned in Article (15) above; and b. Requi[rements for...] [preview truncated]

Article (32) Qualified Electronic Delivery Service

1. The Qualified Electronic Delivery Service may be provided only by a Qualified Trust Service Provi[der...] [preview truncated]
a. The service policy and the practice statement set forth in Article (15) above; b. Requirements f[or...] [preview truncated]
6. Data sent and received via the Qualified Electronic Delivery Service shall constitute evidence of[...] [preview truncated]

Article (33) Compliance Assessment

1. Any entity not approved or authorized by the TDRA may not carry out a compliance assessment for t[he purposes hereof...] [preview truncated]
a. Mechanisms for accrediting assessment entities; and b. Rules of scrutiny to be complied with by [...] [preview truncated]

Article (34) UAE Trust List

1. The TDRA shall create a list to be called "the UAE Trust List" according to the specifications se[t forth...] [preview truncated]
a. Information on Trust Service Providers, Trust Services provided by the same and indication of the[status thereof...] [preview truncated]
2. The information referred to in Clause (1) above shall be provided by Trust Service Providers or Q[ualified Trust Service Providers...] [preview truncated]

Article (35) Qualified Trust Mark

1. The TDRA shall identify, publish and manage the standards related to the form, content and presen[tation of the Qualified Trust Mark...] [preview truncated]
a. Fulfilling the Status of Qualified Service Provider and the licenses necessary for a Qualified Tr[ust Service Provider...] [preview truncated]

Article (36) Repeals

Any provision contrary to or in conflict with the provisions of this Resolution shall hereby be Repe[aled...] [preview truncated]

Article (37) Publication and Entry into Force of the Resolution

This Resolution shall be published in the Official Gazette, and shall enter into force (90) days fol[lowing the date of its publication] [preview truncated]