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Electronic Transactions and Trust Services Lawarticles 1–54

  1. Article 1 — Article (1) Definitions

    In applying the provisions of this Decree Law, the following words and expressions shall have the meanings ascribed thereto respectively, unless the context otherwise requires: State:United Arab Emirates. TDRA:Telecommun

  2. Article 2 — Article (2) Applicability of the Decree Law

    1. The provisions of this Decree Law shall apply to: a. Persons who adopt Electronic Transactions, Trust Services and Qualified Trust Services specified in accordance with the provisions of this Decree Law. b. Electronic

  3. Article 3 — Article (3) Objectives of the Decree Law

    This Decree Law aims to: 1. Enhance trust, encourage and facilitate Electronic Transactions of all kinds, and protect the rights of customers. 2. Keep pace with technological development to enhance Electronic Transaction

  4. Article 4 — Article (4) Competencies of TDRA

    For the purposes of applying the provisions of this Decree Law, TDRA shall have the following competencies: 1. Regulating the work and activities of the Licensees, including issuing, renewing, amending, suspending and ca

  5. Article 5 — Article (5) Electronic Documents

    1. An Electronic Document shall not lose its legal force or enforceability for being in electronic form. 2. The data contained in Electronic Documents shall not lose its legal force for being received, whenever the detai

  6. Article 6 — Article (6) Storage of Electronic Documents

    1. If any legislation in force in the State requires the storage of a document, record or information, for any reason, this requirement shall be fulfilled if that document, record or information is stored in the form of

  7. Article 7 — Article (7) Writing

    If any legislation in force in the State requires any information, statement, document, record, transaction or evidence to be in writing, or stipulates certain consequences in the event of no writing, this requirement sh

  8. Article 8 — Article (8) Signatures and Seals on Electronic Documents

    1. If any legislation in force in the State requires the affixation of a signature or seal on a document or record, or stipulates certain consequences in the event of not signing or sealing a document or record, this req

  9. Article 9 — Article (9) Original Document

    If any legislation in force in the State requires the submission or storage of any document, record, information or message in its original form, this requirement shall be considered met by the Electronic Document in the

  10. Article 10 — Article (10) Creation and Validity of Contracts

    1. For contracting purposes, offer and acceptance may be expressed electronically. 2. A contract shall not lose its validity, evidential weight or enforceability merely because it is made in the form of one or more Elect

  11. Article 11 — Article (11) Automated Electronic Transactions

    1. A contract may be made between Automated Electronic Mediums that include one or more Electronic Information Systems that are prepared and programmed in advance for this purpose. Such contract shall be valid, enforceab

  12. Article 12 — Article (12) Attribution

    1. An Electronic Document is considered issued by the Originator if he has issued it himself. 2. In the relationship between the Originator and Addressee, an Electronic Document shall be considered issued by the Originat

  13. Article 13 — Article (13) Acknowledgment of Receipt

    1. If the Originator has not agreed with the Addressee that the acknowledgment of receipt shall be in a certain form or manner, the acknowledgment of receipt may be made by the following: a. Any message from the Addresse

  14. Article 14 — Article (14) Time and Place of Sending and Receiving Electronic Documents

    1. Unless an agreement is made between the Originator and Addressee on the place and time of sending and receiving the Electronic Document, the following shall apply: a. The Electronic Document shall be considered sent w

  15. Article 15 — Article (15) Service Provider Licensing

    1.No person may provide Trust Services except after obtaining a license from TDRA in accordance with the provisions of this Decree Law and the Executive Regulations thereof. 2.No person may provide Qualified Trust Servic

  16. Article 16 — Article (16)

    1. The Federal Authority for Identity and Citizenship shall set the controls, standards, and requirements that must be met by the license applicant, service provider, or Qualified Service Provider in the following two ca

  17. Article 17 — Article (17) Trust Services and Qualified Trust Services

    Trust Services and Qualified Trust Services shall be determined according to the following: 1. Trust Services, including the following: a. Creating an Electronic Signature and a Reliable Electronic Signature. b. Issuing

  18. Article 18 — Article (18) Admissibility and Authenticity of Electronic Evidence and Trust Services

    1. The admissibility of an Electronic Document, Electronic Signature, Electronic Seal or Electronic Transactions as evidence in any legal proceeding shall not be precluded by the mere fact that it is received in electron

  19. Article 19 — Article (19) Reliable Electronic Signature and Reliable Electronic Seal

    An Electronic Signature or Electronic Seal shall be reliable if the following conditions are met: 1. Be linked to, and fall under the full and exclusive control of, the Signatory. 2. Be capable of identifying the Signato

  20. Article 20 — Article (20) Qualified Electronic Signature and Qualified Electronic Seal

    1. A Qualified Electronic Signature or Qualified Electronic Seal shall be valid if the following conditions are met: a. The Electronic Signature and Electronic Seal are created based on a valid and qualified Authenticati

  21. Article 21 — Article (21) Conditions for the Qualified Electronic Signature and Qualified Electronic Seal Device

    The Qualified Electronic Signature or Qualified Electronic Seal Device shall meet the following conditions: 1. Ensuring the confidentiality of the Electronic Signature or Seal Creation Data used. 2. Protecting the Electr

  22. Article 22 — Article (22) Storing the Data of Qualified Electronic Signatures and Qualified Electronic Seals

    A Qualified Trust Service Provider shall, when providing a data storage service for Qualified Electronic Signatures and Qualified Electronic Seals, comply with the procedures and techniques that maintain the continuity o

  23. Article 23 — Article (23) Qualified Electronic Time Stamp

    The Qualified Electronic Time Stamp shall meet the following conditions: 1. The date and time are linked to the data in a way that prevents undetectable alteration of the data. 2. Relying on an accurate time source linke

  24. Article 24 — Article (24) Qualified Electronic Delivery Service

    The Qualified Electronic Delivery Service shall meet the following conditions: 1.To be provided by one or more Qualified Trust Service Providers. 2.Ensuring the identification of the sender based on a high level of secur

  25. Article 25 — Article (25) Authentication Certificates

    1. An Authentication Certificate shall no longer be valid from the date of its cancellation. Such cancellation shall not apply retroactively to any Electronic Signature or Electronic Seal made based on such certificate p

  26. Article 26 — Article (26) Qualified Trust Mark

    A Qualified Trust Service Provider shall, when using a Qualified Trust Mark, comply with the following requirements: 1. Indicating the Qualified Trust Services it is licensed to provide. 2. Linking the mark to an electro

  27. Article 27 — Article (27) UAE Trust List

    1.TDRA shall create a list of the Licensees and their services and a list of the Electronic Identification System and the Qualified Electronic Signature and Seal Devices, include them in the UAE Trust List and publish th

  28. Article 28 — Article (28) Acceptance of Electronic Dealing and Trust Services

    1. Nothing in this Decree Law requires a person to use or accept Electronic Dealing. However, a person's consent to Electronic Dealing may be inferred from any conduct that indicates such consent. 2. A person may use any

  29. Article 29 — Article (29) Responsibilities of the Relying Party

    1. A Relying Party shall be held responsible for the consequences of the failure thereof to take the necessary measures to ensure the validity and enforceability of an Authentication Certificate and to observe any restri

  30. Article 30 — Article (30) Responsibilities of the Signatory

    A Signatory shall be held responsible for the consequences of the failure thereof if the following measures are not observed: 1. Exercising due diligence to avoid any unauthorized use of the Electronic Signature or Seal

  31. Article 31 — Article (31) Responsibilities of the Digital Identity Owner

    The owner of the Digital Identity shall be held responsible for the consequences of the failure thereof if the following measures are not taken: 1. Exercising due diligence to avoid any unauthorized use of the Digital Id

  32. Article 32 — Article (32) Availability of Trust Services for People with Disabilities

    Trust Services and Qualified Trust Services shall, whenever possible, be made available to natural persons with disabilities, in accordance with the procedures and techniques that suit their needs or the nature of their

  33. Article 33 — Article (33) Electronic Identification System Security Levels

    1. The levels of security and trust of the Electronic Identification System and the Digital Identity issued thereby are three: low, medium and high, according to the following general classifications: a. Low level: means

  34. Article 34 — Article (34) Issuance of Authentication Certificates

    A Qualified Trust Service Provider shall, when issuing a Qualified Authentication Certificate, verify the identity and capacity of the person to whom the certificate will be issued, by any of the following means: 1. Ensu

  35. Article 35 — Article (35) Obligations of Licensees

    The Licensees shall have the following obligations: 1. Notifying TDRA, the Competent Authorities and the concerned person of any violation or breach of the security and integrity of the data, immediately upon becoming aw

  36. Article 36 — Article (36) Obligations of Qualified Trust Service Providers

    Qualified Trust Service Providers shall have the following obligations: 1. Complying with the terms of Licenses issued thereto. 2. Ensuring the accuracy of the material data in electronic Authentication Certificates thro

  37. Article 37 — Article (37) International Trust Services

    Qualified Trust Services provided by Qualified Trust Service Providers outside the State shall be recognized if they are similar to the level of services provided by Qualified Trust Service Providers in accordance with t

  38. Article 38 — Article (38) Civil Liability

    Trust Service Providers shall bear civil liability for any damages incurred by any person as a result of breach of the obligations stipulated in this Decree Law, the Executive Regulations thereof and decisions issued by

  39. Article 39 — Article (39)

    Shall be punished by imprisonment and/or a fine of not less than one hundred thousand (100,000) Dirhams and not more than three hundred thousand (300,000) Dirhams whoever forges or participates in the forgery of an Elect

  40. Article 40 — Article 40

    Shall be punished by imprisonment for a period of not more than one year and/or a fine of not less than one hundred thousand (100,000) Dirhams and not more than one million (1,000,000) Dirhams whoever: 1.Unlawfully explo

  41. Article 41
  42. Article 42 — Article (42)

    1. Shall be punished by temporary imprisonment and/or a fine of not less than five hundred thousand (500,000) Dirhams any person who, by any authority granted thereto hereunder, has access to confidential information of

  43. Article 43 — Article (43)

    Shall be punished by imprisonment for a period of not more than six months and/or a fine of not less than twenty thousand (20,000) Dirhams and not more than one hundred thousand (100,000) Dirhams whoever intentionally su

  44. Article 44 — Article (44)

    Shall be punished by a fine of not less than fifty thousand (50,000) Dirhams and not more than two hundred and fifty thousand (250,000) Dirhams whoever: 1.Is licensed to provide Trust Services or Qualified Trust Services

  45. Article 45 — Article (45)

    Shall be punished by imprisonment and/or a fine of not less than five hundred thousand (500,000) Dirhams and not more than one million (1,000,000) Dirhams whoever: 1.Proceeds with any of the Trust Services or Qualified T

  46. Article 46 — Article (46)

    Without prejudice to the rights of bona fide third parties, the court shall order the confiscation of tools and devices used in committing any of the crimes provided for in this Decree Law.

  47. Article 47 — Article (47)

    Imposition of the penalties stipulated in this Decree Law shall not prejudice any more severe penalty stipulated in any other law.

  48. Article 48 — Article (48) Violations and Administrative Penalties

    The Cabinet shall issue a decision specifying the acts that constitute a violation of the provisions of this Decree Law, the Executive Regulations thereof and the decisions issued in implementation thereof, as well as th

  49. Article 49 — Article (49) Law Enforcement Capacity

    The TDRA's employees who are designated by a resolution of the Minister of Justice, in agreement with the Chairman, shall act as law enforcement officers to identify the violations of the provisions of this Decree Law, t

  50. Article 50 — Article (50) Transitional Provisions

    Those who are subject to the provisions hereof shall regularize their status in accordance with the provisions of this Decree Law and the Executive Regulations thereof within a period not exceeding one year from the date

  51. Article 51 — Article (51) Fees

    The Cabinet shall issue a decision determining the fees required for the implementation of the provisions of this Decree Law.

  52. Article 52 — Article (52) Executive Regulations

    The Cabinet shall, based on a proposal of the Chairman and after coordination with the Competent Authorities, issue the Executive Regulations of this Decree Law.

  53. Article 53 — Article (53) Repeals

    1. Federal Law No. (1) of 2006 on Electronic Commerce and Transactions shall be repealed. 2. Any provision contrary to or in conflict with the provisions of this Decree Law shall be repealed. 3. The decisions and regulat

  54. Article 54 — Article (54) Publication and Entry into force of the Decree Law

    This Decree Law shall be published in the Official Gazette and shall enter into force as of 2 January 2022.

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