Legislation Details
- Full Title: Cabinet Resolution Concerning the Telemarketing Regulations
- Law Type: Cabinet Resolution
- Law Number: No. (56) of 2024
- Issued Date: 10 Jun 2024
- Effective Date: 27 Aug 2024
- Official Gazette: No. 778
- Sector: Economy and Business
- Status: Active
- Number of Articles: 23
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates telemarketing activities in the United Arab Emirates. Its primary objectives are to organize the marketing of products or services through telemarketing, ensure companies comply with marketing channels and times, and reduce unwanted marketing phone calls to protect consumer comfort and privacy. The Resolution applies to all companies licensed in the UAE, including those in free zones, that engage in telemarketing. It imposes various obligations on these companies regarding their marketing phone call practices. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 2-3) The Resolution is significant for businesses and individuals in the UAE, as it establishes a comprehensive framework to govern telemarketing activities. It aims to strike a balance between the commercial interests of companies and the privacy rights of consumers. Failure to comply with the Resolution's provisions can result in administrative penalties, making it an important consideration for any company engaged in telemarketing in the UAE. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 7)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate telemarketing activities conducted by companies licensed in the UAE, including those in free zones. It applies to all companies that market products or services through phone calls to consumers. The Resolution also prohibits natural persons from making marketing phone calls using fixed or mobile numbers registered in their name. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 3) The purpose of the Resolution is threefold: (1) to organize the marketing of products or services through telemarketing to maintain economic and social stability, (2) to ensure companies comply with marketing channels and times, and (3) to reduce unwanted marketing phone calls to ensure consumer comfort and avoid violating their privacy. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: United Arab Emirates (UAE)
- Minister: Minister of Economy
- Ministry: Ministry of Economy
- TDRA: Telecommunications and Digital Government Regulatory Authority
- Central Bank: The Central Bank of the UAE
- Competent Authority: The federal or local government agency concerned with licensing or regulating economic activity
- Free Zone: Financial and Non-Financial Free Zone
- Company: A commercial company or other entity licensed to practice phone marketing activity
- Consumer: Natural Person (Person)
- Telemarketing: Phone calls made by a company or natural person to a consumer for marketing, advertising, or promoting products or services
- Do Not Connect Register (DNCR): The unified national registry supervised by TDRA to protect consumers from unwanted marketing phone calls
- Unwanted Marketing Phone Calls: Marketing phone calls made in violation of the Resolution's provisions, excluding those made at the consumer's request
(Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations on companies licensed in the UAE that engage in telemarketing: 1. Obtain prior approval from the Competent Authority to practice phone marketing activity. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 4(1)) 2. Provide comprehensive training to company marketers on the ethics of professional conduct and the use of the Do Not Call Registry (DNCR). (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 4(2)) 3. Use only local phone numbers registered under the company's commercial license in the UAE. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 4(3)) 4. Maintain records of all marketing phone calls made and submit periodic reports to the Competent Authority. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 4(6-8)) 5. Comply with specified times for making marketing phone calls, between 9:00 am and 6:00 pm. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 4(10), 5(3)) 6. Identify the company and the purpose of the call at the beginning of each marketing phone call. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 4(11))
What licensing, registration, or approval requirements exist?
The Resolution requires companies to obtain prior approval from the Competent Authority to practice phone marketing activity. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 4(1))
What rights and protections does this law provide?
The Resolution provides the following key rights and protections for consumers: 1. Consumers have the right to register their phone numbers in the Do Not Connect Register (DNCR) to avoid receiving unwanted marketing phone calls. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 6(5)) 2. Consumers have the right to submit complaints to the Competent Authority regarding unwanted marketing phone calls. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 6(1-3)) 3. Consumer personal data cannot be disclosed or traded without their consent for the purpose of telemarketing. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 6(4))
Which authorities or bodies are responsible for enforcement?
The Resolution outlines the following responsibilities for various authorities: 1. The Ministry of Economy is responsible for the general supervision of the Resolution's implementation and submitting periodic reports to the Cabinet. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 9(1)) 2. The Central Bank is responsible for regulating phone calls to market the services of banks, financial institutions, insurance companies, and related professions licensed by it. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 9(2)) 3. The Securities and Commodities Authority (SCA) is responsible for regulating phone calls to market securities and commodities trading services in the UAE. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 9(3)) 4. The Competent Local Authorities are responsible for regulating phone calls to market products or services not covered by the Central Bank or SCA. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 9(4))
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance. It states that the Cabinet, based on the proposal of the Minister and the Minister of Finance, and in coordination with the Competent Authorities, shall issue a resolution regarding administrative violations and penalties to be imposed on violators of the provisions of this Resolution or the resolutions issued in implementation thereof. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 7)
What fees, charges, or financial provisions are specified?
The Resolution does not specify any fees, charges, or financial provisions.
What exemptions or exceptions apply?
The Resolution does not provide any exemptions or exceptions to its scope of application.
How are disputes resolved under this law?
The Resolution states that consumers have the right to submit complaints to the Competent Authority regarding unwanted marketing phone calls. The Competent Authority is responsible for establishing controls and procedures for receiving and adjudicating these complaints. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 6(1-3))
What are the key deadlines and time limits?
The Resolution specifies the following key deadlines and time limits: 1. Companies must submit periodic reports to the Competent Authority concerning their marketing phone calls within one month from the date the report is due. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 4(8)) 2. Marketing phone calls can only be made during the period from 9:00 am to 6:00 pm. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 5(3))
How does this law interact with other UAE legislation?
The Resolution references the following related UAE legislation: - Federal Law No. (19) of 1972 concerning the Competences of Ministries and the Powers of Ministers - Federal Law No. (4) of 2000 concerning the UAE Securities and Commodities Authority (SCA) - Federal Decree by Law No. (3) of 2003 concerning the Regulation of the Telecommunications Sector - Federal Law No. (15) of 2020 concerning Consumer Protection - Federal Law by Decree No. (14) of 2018 concerning the Central Bank and the Regulation of Financial Institutions and Activities - Federal Decree by Law No. (48) of 2023 concerning the Regulation of Insurance Business - Federal Law by Decree No. (32) of 2021 concerning the Commercial Companies - Federal Decree Law No. (45) of 2021 concerning the Personal Data Protection (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Preamble)
When did this law come into effect?
The Cabinet Resolution Concerning the Telemarketing Regulations was issued on 10 June 2024 and came into effect 60 days after its publication in the Official Gazette, which was on 27 August 2024. (Cabinet Resolution Concerning the Telemarketing Regulations, 2024, Art. 11)
Source Documents
This article analyses Cabinet Resolution Concerning the Telemarketing 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.