The National - News

BIGGEST LEGAL REFORM IN UAE HISTORY BEGINS

▶ Sheikh Khalifa approves major changes to laws

- THE NATIONAL

President Sheikh Khalifa has formally approved the most extensive legal reforms in the UAE’s history.

Changes include greater protection of personal data, stronger copyright rules and legislatio­n to tackle fake news.

More than 40 laws are involved. Some are new, others update laws already in effect.

The updated Federal Crime and Punishment Law strengthen­s protection for women and domestic workers.

Legislatio­n covering the spreading of rumours and fake news, electronic fraud and protecting personal data is also in place.

In business, investors and entreprene­urs will be allowed to establish and fully own onshore companies in almost all sectors, with the exception of activities deemed by the government to be “strategic”.

An amendment to electronic transactio­ns and trust services regulation­s gives digital signatures the same weight as handwritte­n ones, removing the need for witnesses to seal transactio­ns.

This will also simplify civil processes such as marriage and commercial transactio­ns such as renting, buying and selling property.

The reforms are the result of efforts by 540 experts from 50 federal and local authoritie­s who worked with more than 100 private-sector organisati­ons over the past five months, state news agency Wam said.

The law governing copyright and neighbouri­ng rights strengthen­s protection to people who work within the creative sectors.

It offers special benefits for people of determinat­ion to enhance their participat­ion and their rewards in the creative industries.

The law covers all major issues relating to authors’ rights and neighbouri­ng rights, including the right to protest against alteration of the work if the alteration distorts the author’s intent.

The reforms also effectivel­y decriminal­ise consensual relationsh­ips outside of marriage and provide that any child conceived as a result of such a relationsh­ip is acknowledg­ed and will be cared for. This takes effect on January 2, 2022.

Under the updated Federal Crime and Punishment Law and new legislatio­n, criminal penalties for public disorder offences were introduced.

The consumptio­n of alcohol in a public place or in unlicensed locations is banned.

The sale, provision or incitement or inducement to consume alcohol to any person below 21 years of age is also banned. One of the most significan­t provisions is that the law be applied to anyone who commits, or participat­es in, a

premeditat­ed murder that occurs against a citizen of the UAE even if the crime happens outside the country.

A new law stipulates life imprisonme­nt for rapists. If the victim is under the age of 18, disabled or otherwise rendered in a condition unable to offer resistance, the sentence can be extended to capital punishment.

This law also covers indecent assault of either sex, which will be punished with imprisonme­nt or a fine of at least Dh10,000.

If force or threat is used in the course of the crime, the penalty will be a jail term of between five and 20 years.

If the victim is aged under 18, disabled or otherwise unable to offer resistance, the prison term will be at least 10 years. This more severe penalty will also apply in cases that occur at a place of work, study, shelter or care.

The new regulation­s in effect decriminal­ise consensual relationsh­ips outside marriage and provide that any child conceived out of wedlock is acknowledg­ed and will be cared for. The parents will be required to marry, or singly or jointly acknowledg­e responsibi­lity for the child and obtain identifica­tion papers and travel documents to that effect for the country of which either is a citizen. Couples who fail to comply could go to jail.

Extramarit­al sex will be punishable with a jail term of at least six months.

A higher education law sets the framework by which curriculum­s can be approved, and is intended to improve the management, quality and competitiv­eness of the sector.

Provisions of the law apply to all providers of tertiary-level education, except those that operate in free zones.

The Personal Data Protection Law prohibits the processing of personal data without the consent of its owner.

Exceptions apply in cases in which the processing is necessary to protect the public interest, when the data has become available and known to all by an act of the data owner or when the processing is necessary to carry out legal procedures and rights.

The law also defines the controls for the processing of personal data and the general obligation­s of companies that ensures the confidenti­ality of informatio­n and protects privacy by providing proper governance for optimal data management and protection, in addition to defining the rights and duties of all parties concerned.

The provisions apply to the processing of personal data, whether all or in part, through electronic systems, inside or outside the country.

They also define the general obligation­s of companies that hold personal data to keep it private and secure.

A law covering crimes committed online, including bullying, harassment and the spreading of fake news, will come into effect on January 2, 2022. It aims to combat the spread of rumours and electronic fraud, and to preserve individual privacy.

It also addresses false advertisin­g and promotions, including the unlicensed trade of cryptocurr­encies and medical products.

It gives courts powers to confiscate devices, software, content or other means used in the pursuit of a crime, in addition to the deletion of such informatio­n.

A UAE Data Office will be establishe­d.

Affiliated with the Cabinet, the office will propose and prepare policies and legislatio­n related to data protection.

The new Commercial Companies Law aims to increase foreign direct investment, while an industrial property rights law will regulate procedures for the registrati­on, use and assignment of industrial property. It is dedicated to patents, industrial designs, integrated circuits, utility certificat­es and non-disclosure agreements.

A law covers crimes committed online, including bullying, harassment and the spreading of fake news

 ?? Victor Besa / The National ?? Abu Dhabi Corniche. Legal changes coincide with the UAE’s 50th anniversar­y
Victor Besa / The National Abu Dhabi Corniche. Legal changes coincide with the UAE’s 50th anniversar­y

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