UAE Consumer Protection Law

Article (1) Definitions

Chapter One: General Provisions

In applying the provisions of this Law, the following words and expressions shall have the meanings ascribed thereto, unless the context requires otherwise: State: United Arab Emirates (UAE). Ministry: Ministry of Economy Minister: Minister of Economy Competent Authority: The relevant emirate's local competent authority responsible for applying the provisions of this Law. Relevant Authorities: The federal or local governmental authorities concerned with supervising and controlling the works of the provider in the sectors they supervise or control. Committee: The Supreme Committee for Consumer Protection. Department: The administrative unit concerned with consumer protection affairs at the Ministry. Standard Specifications: Obligatory standard specifications approved by the Emirates Standardisation and Metrology Authority in the State. Consumer: Any natural or legal person obtaining a commodity or service for or without a fee to satisfy their own or another person's needs, or who is dealt with or contracted in this regard. Provider: Any legal person who offers a service or manufactures, distributes, trades in, sells, supplies, exports, imports or plays a part in producing or trading or storing a commodity in order to provide same to the consumer, or who is dealt with or contracted in this regard. Advertiser: Any legal person advertising – by themselves or through a third-party – a commodity, service or information using different means of advertising and publicity, whether the advertiser is the provider themselves or a person licensed to do so. Commodity: Any natural substance or industrial, agricultural, animal, manufactured, intellectual or technological product, including the primary elements of the substances and the components that go into the product. Labelling: The labels or any written, printed, drawn or engraved information showing the commodity's components or its maintenance, storage or date of expiry. Price: The price of the commodity or the service, or the usage fee, as the case may be. Service: Everything offered to the consumer whether for or without charge. Defect: A lack in the quality, quantity or efficiency or a difference in the outer appearance, size or components of the commodity or service resulting from an error in its design, manufacturing, production or its being supplied to the consumer, leading to their harm or to preventing them totally or partially from using it; provided the defect does not result from an action of the consumer. Flaw: Anything that befalls the commodity after its production or to the service after its provision, which causes harm to the consumer or prevents them totally or partially from using it; provided the flaw does not result from a misconduct from an action of the consumer. Commercial Fraud: Deceiving the dealer by any means, whether by replacing or changing the commodity's nature, amount, type, price, fundamental nature, origin, source, validity or any other matter related thereto, or providing false or misleading commercial data on the promoted products including defrauding, imitating and cheating the service by not complying with the existing legislation in the State or containing false or misleading data. Discounts: Offering to sell the commodity for discounted prices or providing the services for lower prices during a specified period using whatever means. Promotion: Marketing the commodities or services via a prize draw, or by distributing gifts or advertising and publicising the commodities or services through special offers or any other means. Warranty: A written or implicit declaration from the provider or the representative thereof that the commodity or the service of the warranty is free from defects or flaws and complies with the standard specifications, and that they undertake to repair any flaw or defect occurring to the commodity, re-provide the service or replace the commodity within a specific period. After-Sales Services: Taking care of the commodity or the service by maintaining its quality, including spare parts, maintenance and technical support. Recovery: Withdrawing the defected or dangerous commodity through the provider, or via the concerned authority or relevant authority in the State, or the country of origin or any other state. Misleading Advertising: Advertising a commodity or service based upon misleading information or omitting fundamental or core information related to the commodity or the service, which affects the consumer and leads them to contract whereas they would not have contracted were it not for such information. Advertising fake or untrue prizes or discounts is considered misleading advertising. Invoice: Any instrument sufficient by itself to prove the transaction or contracting with the consumer on a commodity or service, provided it contains the data required by this Law or its Executive Regulation.

Article (2) Objectives of the Law

Chapter One: General Provisions

This Law aims to protect all consumer rights, especially: 1.The quality of the commodity or service and the purchase as per the advertised price. 2.Maintaining the consumer's health and safety upon their purchase of the commodity or receipt of the service without causing them harming when using the commodity or receiving the service. 3.Encouragement of sound consumption patterns.

Article (3) Application of the Law

Chapter One: General Provisions

The provisions of this Law shall apply to all commodities and services inside the State, including the free zones, and the operations related thereto that are carried out by the provider, advertiser or commercial agent which includes those carried out via e-commerce if the provider is registered inside the State, without prejudice to the international conventions and agreements to which the State is a party

Article (4) Consumer Rights

Chapter One: General Provisions

All prescribed obligations pursuant to this Law shall be regarded as consumer rights, including: 1.Providing suitable and safe environment when purchasing a commodity or receiving a service. 2.Obtaining true information on the commodities purchased, used or consumed or the service received. 3.Educating and raising consumers' awareness of their rights and obligations. 4.Consumers exercising the right to choose the most suitable product and service available in the market according to their desire. 5.Protecting consumers' privacy and data security and not using these for the purposes of promotion and marketing. 6.Protecting consumers' religious values, customs and traditions when providing them with any commodity or when they receive any service. 7.Fair and quick settlement for consumers' disputes. 8.Obtaining fair compensation for the damages caused to them or their property as a result of purchasing or using the commodity or receiving the service. 9.All other rights prescribed by the existing legislation in the State. It shall be permitted to add other rights upon a resolution from the Cabinet.

Article (5) The Supreme Committee for Consumer Protection

Chapter One: General Provisions

A Committee titled the "Supreme Committee for Consumer Protection" shall be formed by a resolution from the Cabinet upon a proposal from the Minister and shall be affiliated to the Ministry. It shall be chaired by the Minister and include the membership of a number of members. The said resolution shall determine the Committee's competences and working system.

Article (6) Coordination with the Relevant Authorities

Chapter One: General Provisions

1. The Department shall coordinate with the relevant authorities to ensure the protection of consumer rights. 2. The Department shall submit periodic reports to the Committee on the coordination with the relevant authorities. 3. The Executive Regulation of this Law shall determine the controls of implementing this Article.

Article (7) Labelling

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

1. Upon offering the commodity for sale, the provider shall be required to place the labelling on its cover or package, or in a clear and legible place, and to clarify how to install and use it, in accordance with the existing legislation in the State with regard to the standard specifications. 2. If the use of the commodity involves risk, the provider shall be required to warn against this clearly as prescribed by the Executive Regulation of this Law.

Article (8) Price of the Commodity and Service

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

1. Upon offering the commodity for sale, the provider shall be required to clearly write the price thereon. 2. Advertising the prices of commodities and services offered by the provider must not be misleading. 3. The provider shall be required to provide the consumer with a detailed invoice containing its trade name, address, commodity type, price and quantity or the service type, price and details and any other data prescribed by the Executive Regulation of this Law. 4. The invoice must be in Arabic and the provider may add any other language at their discretion.

Article (9) Addressing Contingencies

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

In case of a crisis, contingencies or unusual situations in the internal and external markets, the Minister shall take all necessary procedures to protect the interest of consumers and prevent their harm. He may issue a resolution determining the prices of selling any commodity or commodities and all providers in the State shall be bound by such a resolution.

Article (10) Obligations of the Provider in Honouring the Warranty

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

1. The provider shall be required to honour all warranties, provide the required spare parts and maintenance, replace the commodity or return its cash value and be committed to the after-sales service of the sold commodity during the period specified. 2. The provider shall be required to guarantee the service it provided and that it is free from defects and flaws during a period commensurate with the nature of such service, otherwise it shall return the amount paid by the consumer or a part thereof, or correctly re-provide the service. 3. The Executive Regulation of this Law shall determine the controls of implementing this Article.

Article (11) Obligations of the Commodity and Service Provider upon Discovering a Defect

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

Upon discovering a defect or risk in the commodity or the service likely to harm the consumer when using it, the provider shall be required to inform the Ministry or the competent authority immediately of the possible damages and how to prevent them, and to remove the commodity from the market immediately and declare this, as prescribed by the Executive Regulation of the Law.

Article (12) Flaw in the Commodity or Service

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

In case of discovering a flaw in the commodity or service, the provider shall be required to repair, replace or recover the commodity and reimburse its price or re-provide the service without charge, as prescribed by the Executive Regulation of this Law.

Article (13) Obligations Upon Reoccurrence of the Flaw

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

If the same flaw occurs in the commodity three (3) times during the first year from the consumer receiving it, and which fundamentally affects the quality of the commodity's functionality, the provider shall be required to either replace it with a new one of the same type and specifications without any cost to the consumer or recover it and reimburse its value, in accordance with what is prescribed by the Executive Regulation of this Law.

Article (14) Provisions of Warranty and Prices of After-Sales Service

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

The Minister shall issue resolutions determining the periods and terms of the warranty and prices of after-sales service as per the type and nature of each commodity or service.

Article (15) Obligations of the Service Provider

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

Contracts concluded by the provider shall be required to provide for repair, maintenance or after-sales service, or the return or replacement of the commodity or the reimbursement of its value within specified period from the date of the defect or flaw occurring, according to what is prescribed by the Executive Regulation of this Law.

Article (16) Commercial Agencies

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

Subject to the provisions of legislation governing commercial agencies and enforced in the State, the commercial agent or distributor shall adhere to the following: 1. Honoring all the warranties provided by the producer or the agent for the commodity or the service under the agency. 2. Providing the consumer with a similar commodity to use free of charge if the execution of the warranties stipulated in Clause (1) of this Article exceeds (7) seven days, until such time as these warranties have been fulfilled. 3.The agent shall adhere to all the obligations of the provider, as stipulated in this Law, if the service or commodity is provided through it.

Article (17) Describing the Commodity or Service with False Data

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

The advertiser, provider and commercial agent are prohibited from describing the commodity or service in a manner containing false data or from advertising it in a misleading way.

Article (18) Promotion Licensing

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

The provider is prohibited from promoting the commodities or services or from making general discounts to the prices or from advertising them in any way, until they obtain a prior license from the competent authority.

Article (19) Monopoly

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

Subject to the provisions of the existing legislation in the State, the provider is prohibited from concealing the commodity, refraining from selling it or from not providing the service to the consumer for the purpose of controlling the price, monopolising the commodity or obliging the consumer to purchase certain quantities of the commodity, or adding certain terms for using the service or selling a commodity or another service with it, or charging a price higher than the declared price; according to what is prescribed by the Executive Regulation of this Law.

Article (20) The Commodity's Conformity to the Approved Standard Specifications and Rules of Public Health and Safety

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

The provider shall be required to ensure the conformity of the commodity or service to the standard specifications, terms and controls related to health and safety and the relevant existing legislation in the State.

Article (21) Prohibition of Including a Term Harmful to the Consumer

Chapter Two: Obligations of the Provider, Advertiser and Commercial Agent

The provider is prohibited from including any term upon contracting with the consumer that would cause the consumer harm. Every term in a contract, invoice or otherwise shall be deemed void if it would exempt the provider from any of the obligations provided in this Law. The Executive Regulation of this Law shall determine the controls of the terms that are not harmful to the consumer.

Article (22) The Ministry and Competent Authority’s Role in the Protection of Consumer Rights

Chapter Three: Protection of Consumer Rights

1. The Ministry shall supervise the application of the general policy for consumer protection in cooperation with the competent authorities, and in particular the following: a. Raising the awareness and educating the consumer in a manner that contributes to his protection from the risks of certain commodities and services including the e-commerce services. b. Publishing the resolutions and recommendations that contribute to increasing consumer awareness. c. Controlling the movement of prices and limiting their increase. d. Workings towards realizing the principle of competition and combating misleading advertising and monopolization. e. Receiving complaints from consumers and the Consumer Protection Association and taking the necessary procedures thereon; the Executive Regulation of this Law shall develop a system for receiving complaints and the procedures necessary in their regard, and establish coordination between the Ministry and the competent authority. 2. A Cabinet resolution shall be issued concerning the schedule of administrative penalties and financial fines which the Ministry or Competent Authority – as the case may be – impose them on the provider.

Article (23) Use of Experts and Laboratories

Chapter Three: Protection of Consumer Rights

Subject to the aforementioned Federal Law No. (28) of 2001, as amended, the Ministry or competent authority – whenever required or in the event of a conflict between the provider and the consumer – may request to inspect the commodity or the service at the laboratories, on condition that the provider incurs the cost of the inspection if it is found that the commodity is invalid. The Executive Regulation of this Law shall determine the controls of applying this Article.

Article (24) The Consumer's Right to Claim Compensation

Chapter Three: Protection of Consumer Rights

1. The consumer shall have the right to claim compensation for the personal or material damages caused to them as a result of using the commodity or the service, in accordance with the existing legislation in the State. Any agreement made otherwise shall be deemed void. 2. The damages resulting from misuse or from use in a manner which violates the method of use shall be excluded from the provision of Clause (1) of this Article.