Legislation Details
- Full Title: Federal Decree-Law on Countering Rumors and Cybercrimes
- Law Type: Federal Decree-Law
- Law Number: 34 of 2021
- Issued Date: 20 Sep 2021
- Effective Date: 02 Jan 2022
- Official Gazette: No. 712
- Sector: Security and Safety
- Status: Active
- Number of Articles: 151
- Chapters: 0
- Amendments: 1
Summary
The Federal Decree-Law on Countering Rumors and Cybercrimes regulates various cybercrimes and the dissemination of false information and rumors in the UAE. It aims to protect the country's security, public order, and national interests by criminalizing a wide range of online activities, from hacking and data breaches to the spread of content deemed harmful to the UAE. The law imposes significant penalties, including imprisonment and heavy fines, for non-compliance, making it an important piece of legislation for businesses and individuals operating in the digital space in the UAE. (Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Art. 1-74)
What is the scope and purpose of this law?
The Federal Decree-Law on Countering Rumors and Cybercrimes applies to all individuals and entities within the UAE. It regulates a broad range of cybercrimes and the dissemination of false information and rumors that could compromise the UAE's security, sovereignty, public order, or national interests. The law aims to protect the country's digital infrastructure, safeguard personal and government data, and maintain public trust and confidence in the UAE's institutions and public figures. (Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Art. 1-2)
What are the key definitions under this law?
The law provides the following key definitions:
- UAE: The United Arab Emirates
- Government Entities: Any federal or local government entity, or any company or establishment in which any of these entities holds at least 25% of its capital
- Competent Authorities: The federal or local authorities concerned with electronic and cyber security inside the UAE
- Information Technology (IT): All forms of technologies used for creating, processing, storing, exchanging and using electronic information systems, information programs, websites, information network, and any means of information technology equipment
- Cyber: Everything relating to computer networks, the internet, and the various information program as well as all the services they perform
- Personal Data and Information: Information or data pertaining to natural persons whenever these information or data are relating to their private lives or personal identities
- Confidential Information and Data: Any information or data that are not permitted to be accessed by or disclosed to Third Parties, without prior permission
- Illegal Content: Content whose subject constitutes a crime punishable by law, or whose publication, circulation or recirculation inside the UAE would compromise the UAE's security, sovereignty or interests
- False Data: Rumors and data which are false or misleading, in whole or in part
(Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations and requirements, including:
- Prohibiting the hacking, disruption, or unauthorized access to information systems, websites, and electronic accounts (Art. 2-10, 15)
- Prohibiting the infringement, leakage, or unauthorized acquisition of personal, government, and commercial data and information (Art. 6-9, 12-13)
- Prohibiting the creation of fake emails, websites, and electronic accounts (Art. 11)
- Prohibiting the dissemination of content that incites the suspension of the Constitution or laws, promotes terrorism, or harms the UAE's security and interests (Art. 20-28)
- Prohibiting the trafficking and promotion of illegal goods and services, such as firearms, drugs, and human trafficking (Art. 29-32, 38-39)
- Prohibiting the dissemination of obscene materials, child pornography, and content that violates public morals (Art. 33-37)
- Prohibiting the spread of rumors, false news, and illegal content, as well as the creation of electronic robots to disseminate such content (Art. 52-54)
(Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Art. 2-54)
What are the penalties for non-compliance?
The law imposes significant penalties for non-compliance, including:
- Imprisonment of up to 10 years and a fine of up to AED 2 million for hacking, disrupting, or unauthorized access to information systems (Art. 2-5)
- Imprisonment of up to 5 years and a fine of up to AED 1 million for infringing on personal, government, or commercial data and information (Art. 6-8)
- Imprisonment of up to 5 years and a fine of up to AED 1 million for creating fake emails, websites, and electronic accounts (Art. 11)
- Imprisonment of up to 15 years and a fine of up to AED 3 million for disseminating content that incites the suspension of the Constitution or laws, promotes terrorism, or harms the UAE's security and interests (Art. 20-28)
- Imprisonment of up to 10 years and a fine of up to AED 2 million for trafficking and promoting illegal goods and services (Art. 29-32, 38-39)
- Imprisonment of up to 5 years and a fine of up to AED 1 million for disseminating obscene materials, child pornography, and content that violates public morals (Art. 33-37)
- Imprisonment of up to 2 years and a fine of up to AED 1 million for spreading rumors, false news, and illegal content, as well as creating electronic robots to disseminate such content (Art. 52-54)
(Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Art. 56-60)
How does this law interact with other UAE legislation?
The Federal Decree-Law on Countering Rumors and Cybercrimes references and interacts with several other UAE federal laws, including:
- Federal Law No. (1) of 1972 Concerning the Competences of Ministries and Powers of Ministers
- Federal Law No. (9) of 1976 Concerning Delinquent Juveniles and Vagrants
- Federal Law No. (15) of 1980 Concerning Publications and Publishing
- Federal Law No. (3) of 1987 Promulgating the Penal Code
- Federal Law No. (35) of 1992 Promulgating the Criminal Procedure Code
- Federal Law No. (7) of 2002 Concerning Copyrights and Neighboring Rights
- Federal Decree-Law No. (3) of 2003 Regulating the Telecommunication Sector
- Federal Law No. (1) of 2006 Concerning Electronic Transactions and Commerce
- Federal Law No. (51) of 2006 Concerning Combatting Trafficking in Human Beings Crimes
- Federal Decree-Law No. (5) of 2012 Concerning Countering Cybercrimes
- Federal Law No. (7) of 2014 Concerning Combating Terrorist Offences
- Federal Law no. (3) of 2016 Concerning the Child's Rights "Wadeema's Law"
- Federal Decree-Law No. (20) of 2018 Concerning Anti-Money Laundering and Countering the Financing of Terrorism and Illegal Organizations
- Federal Law No. (3) of 2021 Regulating Donations
(Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Preamble)
When did this law come into effect?
The Federal Decree-Law on Countering Rumors and Cybercrimes was issued on 20 September 2021 and came into effect on 2 January 2022, as per the dates specified in the law. It was published in the Official Gazette, Issue No. 712. (Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Art. 69, 74)
Source Documents
This article analyses Federal Decree-Law on Countering Rumors and Cybercrimes 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.