Legislation Details
- Full Title: Federal Law Concerning the Use of the Information and Communications Technology in Health Fields
- Law Type: Federal Law
- Law Number: 2 of 2019
- Issued Date: 06 Feb 2019
- Effective Date: 14 May 2019
- Official Gazette: No. 647
- Sector: Healthcare
- Status: Active
- Number of Articles: 66
- Chapters/Parts: 4
- Amendments: 0
Summary
This Federal Law regulates the use of information and communications technology (ICT) in the healthcare sector in the United Arab Emirates. Its purpose is to ensure the optimal and secure use of ICT in healthcare, align with international standards, and allow the Ministry of Health and Prevention to collect and manage health data at the national level. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 1-3) The law is significant for healthcare providers, insurers, and patients in the UAE, as it mandates the use of a central electronic system for storing, exchanging, and accessing health data. It also imposes strict requirements around data security, confidentiality, and cross-border data transfers. Violations can result in penalties such as fines and license revocation. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 22-25)
What is the scope and purpose of this law?
The law applies to all uses of information and communications technology in the healthcare sector across the UAE, including in free zones. Its key objectives are: (1) to ensure the optimal use of ICT in healthcare, (2) ensure compatibility with international standards, (3) allow the Ministry to collect and maintain health data at the national level, and (4) ensure the security and safety of health data and information. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 2-3)
What are the key definitions under this law?
The law provides the following key definitions:
- State: The United Arab Emirates
- The Ministry: Ministry of Health and Prevention
- Health Authority: Any federal or local governmental health authority in the UAE
- Person: Natural or legal person
- Central System: A set of electronic elements and operations for exchanging health data and information
- Data: Any information stored, processed, generated, or transformed through ICT
- Health Information: Health data that has been processed and characterized by health-related features
- Process: Creating, introducing, amending, updating, or deleting information electronically
- Circulation of Health Information: Accessing, exchanging, copying, transforming, storing, publishing, disclosing, or sending health data and information
- Professional Guidance Manuals: Instructions for methods, works, and procedures
- Information and Communication Technology: Technological and electronic tools or systems for processing, storing, retrieving, publishing, and exchanging information and data
(Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations on entities using ICT in healthcare: 1. Maintain the confidentiality of health data and information by only allowing authorized circulation. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 4(1)) 2. Ensure the validity and credibility of health data and information by protecting it from unauthorized damage, amendment, alteration, deletion, or addition. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 4(2)) 3. Ensure the availability of health data and information to authorized parties and facilitate access as needed. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 4(3)) 4. Join the central electronic system established by the Ministry for storing, exchanging, and collecting health data. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 7) 5. Specify authorized persons who can access and circulate health data through the central system, and take measures to protect its confidentiality. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 8)
What licensing, registration, or approval requirements exist?
The law requires the following licensing and approvals: 1. The authority responsible for publishing and distributing professional guidance manuals through the central system must be specified by a resolution from the Minister. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 9) 2. It is not permitted to use the central system for publishing any health advertising without a license from the Ministry. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 17) 3. The Ministry may request the competent authority to ban or block websites that violate the controls and standards for health advertising in the UAE. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 18)
What rights and protections does this law provide?
The law provides the following rights and protections: 1. Health data and information must be kept confidential and can only be used for authorized health purposes without the patient's written approval, except in specific cases such as for insurance claims, public health, or judicial requests. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 16) 2. Persons authorized to use the central system are limited in how they can handle, circulate, amend, and publish health data and information. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 15)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible under this law are: 1. The Ministry of Health and Prevention, which is responsible for establishing the central electronic system, setting national strategies and standards, and coordinating with health authorities. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 5, 10) 2. Health authorities, which are responsible for setting the technical standards and controls for their own electronic health systems, and joining the central system. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 6-7, 11) 3. Relevant entities, which must also join the central system and coordinate with the Ministry. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 7, 10)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance: 1. Violating the provisions of Article 13 (unauthorized storage or processing of health data outside the UAE) is punishable by a fine of not less than AED 500,000 and not more than AED 2,000,000. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 24) 2. Publishing health advertising without a license from the Ministry is punishable by a fine of not less than AED 100,000 and not more than AED 500,000. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 23) 3. Disciplinary sanctions that may be imposed include warning, fines, suspension, or revocation of licenses or permits. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Art. 25)
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or other financial provisions.
What exemptions or exceptions apply?
The law does not provide any explicit exemptions or exceptions.
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms.
What are the key deadlines and time limits?
The law does not specify any deadlines or time limits.
How does this law interact with other UAE legislation?
The law references and interacts with several other UAE federal laws, including: - Federal Law No. (1) of 1972 on the Competences of Ministries and Powers of Ministers - Federal Law No. (7) of 1975 on the Practice of Medicine - Federal Law No. (15) of 1980 on Printed Matters and Publications - Federal Law No. (4) of 1983 on the Pharmaceutical Profession and Institutions - Federal Law No. (5) of 1984 on the Practice of Non-doctors and Pharmacists for some Medical Professions - Federal Law No. (3) of 1987 on the Penal Code - Federal Law No. (11) of 1992 on the Civil Procedure Law - Federal Law No. (35) of 1992 on the Penal Procedure Code - Federal Decree-Law No. (3) of 2003 on the Regulation of the Telecommunications Sector - Federal Law No. (8) of 2004 on Financial Free Zones - Federal Law No. (1) of 2006 on Transactions and Electronic Commerce - Federal Law No. (9) of 2006 on the Population Register and Identity Card - Federal Law No. (6) of 2007 on the Establishment of the Insurance Authority and Regulation of Insurance Operations - Federal Law No. (11) of 2008 on the Licensing of Fertilization Centres - Federal Law No. (18) of 2009 on Registering Births and Deaths - Federal Decree-Law No. (3) of 2012 on the National Electronic Security Authority - Federal Decree-Law No. (5) of 2012 on Combating Cybercrimes - Federal Law No. (14) of 2014 on the Control of Communicable Diseases - Federal Law No. (4) of 2015 on Private Health Facilities - Federal Decree-Law No (4) of 2016 on Medical Liability - Federal Law No. (14) of 2016 on Irregularities and Administrative Sanctions in the Federal Government - Federal Decree-Law No. (16) of 2016 on the Emirates Health Services Establishment (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Preamble)
When did this law come into effect?
This Federal Law No. (2) of 2019 Concerning the Use of the Information and Communications Technology in Health Fields was issued on 06 February 2019 and came into effect on 14 May 2019, as published in the Official Gazette No. 647. (Federal Law Concerning the Use of the Information and Communications Technology in Health Fields, 2019, Preamble, Art. 31)
Source Documents
This article analyses Federal Law Concerning the Use of the Information and Communications Technology in Health Fields 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.