Legislation Details
- Full Title: Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations
- Law Type: Federal Decree-Law
- Law Number: No. (52) of 2024
- Issued Date: 15 May 2024
- Effective Date: 01 Jun 2024
- Official Gazette: No. 776
- Sector: Justice and Judiciary
- Status: Active
- Number of Articles: 18
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the administrative penalties for violations of the provisions of Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services, and its Executive Regulations. The Resolution empowers the Telecommunications and Digital Government Regulatory Authority (the "Authority") to impose fines on any person who commits acts in violation of the Decree-Law and its Executive Regulations. The Resolution also outlines the appeal process and collection of administrative fines. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 1-8)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to establish the administrative penalties for violations of the provisions of Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services, and its Executive Regulations. The purpose is to empower the Authority to impose fines on any person who commits acts in violation of the Decree-Law and its Executive Regulations. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 1-2)
What are the key definitions under this law?
The Cabinet Resolution provides the following key definitions:
- Authority: Telecommunications and Digital Government Regulatory Authority
- Chairman: Chairman of the Authority's Board of Directors
- Decree-Law: Federal Decree-Law No. (46) of 2021, Concerning Electronic Transactions and Trust Services
- Executive Regulations: Cabinet Resolution No. (28) of 2023 Concerning the Executive Regulations of Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services
- Trust Services: The Electronic Services specified under Clause (1) of Article (17) of the Decree-Law and which the Trust Service Provider is licensed to provide
- Accredited Trust Services: The Electronic Services specified under Clause (2) of Article (17) of the Decree-Law and which the Trust Service Provider is licensed to provide
- Trust Service Provider: Licensed by the Authority to provide one or more Trust Services
- Accredited Trust Service Provider: A Trust Service Provider granted the status of being accredited by the Authority
- License Holder: A legal person licensed by the Authority
- License: The authorisation issued by the Authority to carry out any of the Trust Services or Accredited Trust Services
- Administrative Violation: Doing or refraining from doing an act that would constitute a violation of the Decree-Law, Executive Regulations, and resolutions issued in implementation thereof
(Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 1)
What are the main obligations and requirements?
This Cabinet Resolution does not directly impose any obligations or requirements. Rather, it empowers the Authority to impose administrative fines on anyone who commits acts in violation of the provisions of Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services, and its Executive Regulations. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 2)
What are the penalties for non-compliance?
The Cabinet Resolution outlines the following administrative penalties that the Authority may impose: 1. The Authority may impose administrative fines on anyone who commits any of the acts specified in the attached Table that are in violation of the provisions of the Decree-Law and Executive Regulations. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 2(1)) 2. The Authority may double the value of the administrative fine if the same Administrative Violation is repeated before one year has passed from the date of its first time. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 2(2)) 3. The Authority may double the administrative fine if the Violator does not amend their status based on the Authority's instructions and within the period specified by it. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 2(3))
How are disputes resolved under this law?
The Cabinet Resolution provides for an appeal process against the administrative fines imposed by the Authority. Any interested party may submit a written appeal to the Authority Director General regarding the administrative fines within 14 days from the date of notice. The appeal must be reasoned and accompanied by supporting documents, and a decision is made. This appeal shall be filed within 30 days from the date of its submission in accordance with the Authority's measures and procedures. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 4)
What fees, charges, or financial provisions are specified?
The Cabinet Resolution does not specify any fees, charges, or other financial provisions. It only states that the fines stipulated in the Resolution shall be collected through the methods established by the Ministry of Finance. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 5)
Which authorities or bodies are responsible for enforcement?
The Cabinet Resolution empowers the Telecommunications and Digital Government Regulatory Authority (the "Authority") to be responsible for the enforcement of the administrative penalties. Specifically, the Authority may impose administrative fines on anyone who commits acts in violation of the provisions of the Decree-Law and its Executive Regulations. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 2)
What amendments can be made to this law?
The Cabinet Resolution states that the Cabinet has the power to make or amend the administrative fines mentioned in this resolution, whether by addition, deletion, or amendment. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 3)
How does this law interact with other UAE legislation?
The Cabinet Resolution repeals the following: 1. Resolution No. (1) of 2008 of the Minister of Economy concerning the issuance of the regulations for certification service providers. 2. Any provision that violates or contradicts the provisions of this resolution. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 7)
When did this law come into effect?
The Cabinet Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication, which is 01 June 2024. (Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations, 2024, Art. 8)
Source Documents
This article analyses Cabinet Resolution Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law Concerning Electronic Transactions and Trust Services and its Executive Regulations for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.