Federal Decree by Law on Electronic Transactions and Trust Services

Article 1 — Definitions ¶

In applying the provisions of this Decree Law, the following words and expressions shall have the meanings assigned thereto, including: State; TDRA; Board; Chairman; Government Authorities; Competent Authorities; Electronic; Electronic Dealing; Information Technology Means; Electronic Document; Data; Electronic Information; Electronic Information System; Originator; Addressee; Information Program; Automated Electronic Medium; Automated Electronic Transactions; Authentication Procedures; Electronic Identification System; Electronic Identifier; Digital Identity; Trust Services; Qualified Trust Services; Electronic Signature Authentication Certificate; Qualified Electronic Signature Authentication Certificate; Electronic Signature; Reliable Electronic Signature; Qualified Electronic Signature; Electronic Seal; Reliable Electronic Seal; Qualified Electronic Seal; Electronic Seal Authentication Certificate; Qualified Electronic Seal Authentication Certificate; Electronic Signature or Seal Creation Data; Signatory; Qualified Electronic Time Stamp; Qualified Electronic Delivery Service; Person; Relying Party; Trust Service Provider; Qualified Trust Service Provider; Licensee; License; UAE Trust List; Compliance Assessment; Coordinated Universal Time (UTC).

Article 2 — Applicability of the Decree Law ¶

1. The provisions of this Decree Law shall apply to: a. Persons who adopt Electronic Transactions... [full text truncated in source preview]

Article 3 — Objectives of the Decree Law ¶

This Decree Law aims to: 1. Enhance trust, encourage and facilitate Electronic Transactions of all kinds... [truncated]

Article 4 — Competencies of TDRA ¶

For the purposes of applying the provisions of this Decree Law, TDRA shall have the following competencies... [truncated]

Chapter Two: Electronic Transactions

Article 5 — Electronic Documents ¶

1. An Electronic Document shall not lose its legal force or enforceability for being in electronic form... [truncated]

Article 6 — Storage of Electronic Documents ¶

1. If any legislation in force in the State requires the storage of a document, record or information... [truncated]

Article 7 — Writing ¶

If any legislation in force in the State requires any information, statement, document, record, transaction... [truncated]

Article 8 — Signatures and Seals on Electronic Documents ¶

1. If any legislation in force in the State requires the affixation of a signature or seal on a document... [truncated]

Article 9 — Original Document ¶

If any legislation in force in the State requires the submission or storage of any document, record... [truncated]

Article 10 — Creation and Validity of Contracts ¶

1. For contracting purposes, offer and acceptance may be expressed electronically. 2. A contract shall... [truncated]

Article 11 — Automated Electronic Transactions ¶

1. A contract may be made between Automated Electronic Mediums that include one or more Electronic Information Systems... [truncated]

Article 12 — Attribution ¶

1. An Electronic Document is considered issued by the Originator if he has issued it himself. 2. ... [truncated]

Article 13 — Acknowledgment of Receipt ¶

1. If the Originator has not agreed with the Addressee that the acknowledgment of receipt shall be in a specified form... [truncated]

Article 14 — Time and Place of Sending and Receiving Electronic Documents ¶

1. Unless an agreement is made between the Originator and Addressee on the place and time of sending and receiving... [truncated]

Chapter Three

Article 15 — Service Provider Licensing ¶

1. No person may provide Trust Services except after obtaining a license from TDRA in accordance with... [truncated]

Article 16 ¶

1. The Federal Authority for Identity and Citizenship shall set the controls, standards, and requirements... [truncated]

Article 17 — Trust Services and Qualified Trust Services ¶

Trust Services and Qualified Trust Services shall be determined according to the following: 1. Trust... [truncated]

Article 18 — Admissibility and Authenticity of Electronic Evidence and Trust Services ¶

1. The admissibility of an Electronic Document, Electronic Signature, Electronic Seal or Electronic ... [truncated]

Article 19 — Reliable Electronic Signature and Reliable Electronic Seal ¶

An Electronic Signature or Electronic Seal shall be reliable if the following conditions are met: 1. ... [truncated]

Article 20 — Qualified Electronic Signature and Qualified Electronic Seal ¶

1. A Qualified Electronic Signature or Qualified Electronic Seal shall be valid if the following conditions... [truncated]

Article 21 — Conditions for the Qualified Electronic Signature and Qualified Electronic Seal Device ¶

The Qualified Electronic Signature or Qualified Electronic Seal Device shall meet the following conditions... [truncated]

Article 22 — Storing the Data of Qualified Electronic Signatures and Qualified Electronic Seals ¶

A Qualified Trust Service Provider shall, when providing a data storage service for Qualified Electronic... [truncated]

Article 23 — Qualified Electronic Time Stamp ¶

The Qualified Electronic Time Stamp shall meet the following conditions: 1. The date and time are linked... [truncated]

Article 24 — Qualified Electronic Delivery Service ¶

The Qualified Electronic Delivery Service shall meet the following conditions: 1. To be provided by one or more... [truncated]

Article 25 — Authentication Certificates ¶

1. An Authentication Certificate shall no longer be valid from the date of its cancellation. Such cancellation... [truncated]

Article 26 — Qualified Trust Mark ¶

A Qualified Trust Service Provider shall, when using a Qualified Trust Mark, comply with the following... [truncated]

Article 27 — UAE Trust List ¶

1.TDRA shall create a list of the Licensees and their services and a list of the Electronic Identification... [truncated]

Article 28 — Acceptance of Electronic Dealing and Trust Services ¶

1. Nothing in this Decree Law requires a person to use or accept Electronic Dealing. However, a person... [truncated]

Article 29 — Responsibilities of the Relying Party ¶

1. A Relying Party shall be held responsible for the consequences of the failure thereof to take the... [truncated]

Article 30 — Responsibilities of the Signatory ¶

A Signatory shall be held responsible for the consequences of the failure thereof if the following matters... [truncated]

Article 31 — Responsibilities of the Digital Identity Owner ¶

The owner of the Digital Identity shall be held responsible for the consequences of the failure thereof... [truncated]

Article 32 — Availability of Trust Services for People with Disabilities ¶

Trust Services and Qualified Trust Services shall, whenever possible, be made available to natural persons... [truncated]

Article 33 — Electronic Identification System Security Levels ¶

1. The levels of security and trust of the Electronic Identification System and the Digital Identity... [truncated]

Article 34 — Issuance of Authentication Certificates ¶

A Qualified Trust Service Provider shall, when issuing a Qualified Authentication Certificate, verify... [truncated]

Article 35 — Obligations of Licensees ¶

The Licensees shall have the following obligations: 1. Notifying TDRA, the Competent Authorities and... [truncated]

Article 36 — Obligations of Qualified Trust Service Providers ¶

Qualified Trust Service Providers shall have the following obligations: 1. Complying with the terms... [truncated]

Article 37 — International Trust Services ¶

Qualified Trust Services provided by Qualified Trust Service Providers outside the State shall be recognized... [truncated]

Article 38 — Civil Liability ¶

Trust Service Providers shall bear civil liability for any damages incurred by any person as a result... [truncated]

Chapter Four: Penalties

Article 39 ¶

Shall be punished by imprisonment and/or a fine of not less than one hundred thousand (100,000) Dirhams... [truncated]

Article 40 ¶

Shall be punished by imprisonment for a period of not more than one year and/or a fine of not less than... [truncated]

Article 41 ¶

Shall be punished by imprisonment for a period of not more than one year and/or a fine of not less than... [truncated]

Article 42 ¶

1. Shall be punished by temporary imprisonment and/or a fine of not less than five hundred thousand... [truncated]

Article 43 ¶

Shall be punished by imprisonment for a period of not more than six months and/or a fine of not less than... [truncated]

Article 44 ¶

Shall be punished by a fine of not less than fifty thousand (50,000) Dirhams and not more than two hundred... [truncated]

Article 45 ¶

Shall be punished by imprisonment and/or a fine of not less than five hundred thousand (500,000) Dirhams... [truncated]

Article 46 ¶

Without prejudice to the rights of bona fide third parties, the court shall order the confiscation of... [truncated]

Article 47 ¶

Imposition of the penalties stipulated in this Decree Law shall not prejudice any more severe penalty... [truncated]

Article 48 — Violations and Administrative Penalties ¶

The Cabinet shall issue a decision specifying the acts that constitute a violation of the provisions... [truncated]

Article 49 — Law Enforcement Capacity ¶

The TDRA's employees who are designated by a resolution of the Minister of Justice, in agreement with... [truncated]

Chapter Five: Final Provisions

Article 50 — Transitional Provisions ¶

Those who are subject to the provisions hereof shall regularize their status in accordance with the... [truncated]

Article 51 — Fees ¶

The Cabinet shall issue a decision determining the fees required for the implementation of the provisions... [truncated]

Article 52 — Executive Regulations ¶

The Cabinet shall, based on a proposal of the Chairman and after coordination with the Competent Authorities... [truncated]

Article 53 — Repeals ¶

1. Federal Law No. (1) of 2006 on Electronic Commerce and Transactions shall be repealed. 2. Any provision... [truncated]

Article 54 — Publication and Entry into force of the Decree Law ¶

This Decree Law shall be published in the Official Gazette and shall enter into force as of 2 January... [truncated]

Translated in cooperation with