Legislation Details
- Full Title: Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status
- Law Type: Cabinet Resolution
- Law Number: No. (36) of 2021
- Issued Date: 08 Apr 2021
- Effective Date: 30 Apr 2021
- Official Gazette: No. 701
- Sector: Family and Community
- Status: Active
- Number of Articles: 17
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the use of digital transaction technologies in personal status matters such as marriage, divorce, and wills in the UAE. It repeals the previous prohibition on using information technology for these transactions and allows their digitization, subject to certain controls and procedures. This is significant for businesses and individuals in the UAE, as it modernizes and streamlines personal status processes, reducing the need for physical documentation and in-person interactions with authorities. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 1-2)
What is the scope and purpose of this law?
The purpose of this Cabinet Resolution is to enable the use of digital transaction technologies in personal status matters such as marriage, divorce, and wills, which were previously prohibited under the UAE's Electronic Commerce and Transactions Law. It applies to all transactions and documents related to personal status that are required by law to be authenticated before a notary public. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 1-2)
What are the key definitions under this law?
The Resolution does not provide any specific definitions. However, it references the following key terms:
- Information Technology means: This term is used to refer to the digital transaction technologies that can be used for personal status matters. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 1-2)
- Electronic signature: The Resolution states that electronic signatures and documents will have the same probative force as physical signatures and documents. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 6)
What are the main obligations and requirements?
The main obligations and requirements under this Resolution are: 1. Information technology means must be used for personal status transactions such as marriage, divorce, and wills, as well as for documents that require notarization. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 2) 2. Records related to personal status transactions and notary public matters must be created and preserved either electronically or as hard copies, and must be kept confidential. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 4) 3. Information security regulations, policies, and systems adopted in the UAE must be applied to the use of information technology means under this Resolution. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 5)
What licensing, registration, or approval requirements exist?
The Resolution does not specify any licensing, registration, or approval requirements for the use of digital transaction technologies in personal status matters. However, it states that the Minister of Justice, the Head of the competent local judicial authority, or their delegates shall issue regulatory decisions regarding the use of information technology means and the duties of the notary public. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 3)
What rights and protections does this law provide?
The Resolution does not explicitly mention any specific rights or protections granted to individuals or businesses. However, it does state that records related to personal status transactions and notary public matters must be kept confidential and may only be accessed, copied, or deleted with the permission of the court or the administration. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 4)
Which authorities or bodies are responsible for enforcement?
The Resolution empowers the Minister of Justice, the Head of the competent local judicial authority, or their delegates to issue regulatory decisions regarding the use of information technology means in personal status transactions and the duties of the notary public. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 3)
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance.
What fees, charges, or financial provisions are specified?
The Resolution does not mention any fees, charges, or financial provisions.
What exemptions or exceptions apply?
The Resolution does not provide any exemptions or exceptions.
How are disputes resolved under this law?
The Resolution does not outline any dispute resolution mechanisms.
What are the key deadlines and time limits?
The Resolution does not specify any deadlines or time limits.
How does this law interact with other UAE legislation?
The Resolution references and interacts with the following UAE federal laws: - Federal Law No. (1) of 2006 Regarding Electronic Commerce and Transactions - Federal Law No. (4) of 2013 Regarding the Regulation of the Notary, as amended - Federal Law No. (28) of 2005 Regarding Personal Status, as amended (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 1-2)
When did this law come into effect?
This Cabinet Resolution came into effect on 30 April 2021, the day following its publication in the Official Gazette No. 701. (Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status, 2021, Art. 8)
Source Documents
This article analyses Cabinet Resolution Regarding the Use of Digital Transaction Technologies in Transactions and Matters Related to Personal Status 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.