Sara Ibrahim Advocates & Legal Consultants


Privacy Laws of UAE Stronger than ever!

Most websites gather data about their clients, either presented by the client himself, or gathered naturally, through different technologies. Entrepreneurs need data so as to convey their items, promote their administrations, and speak with clients and to seek potential clients, and improve their site usefulness. Clients and guests to your site are normally worried about what generally happens to their data – how it is put away, who approaches it, and what system secure the protection of data or maintain privacy. In this concern, Criminal Lawyers of UAE wish to discuss certain aspects of UAE data protection and privacy laws as it seems like a major concern considering we are becoming more and more reliable on technology or internet. 

There is no particular information data protection law covering the entirety of the UAE as of now, albeit an interwoven of different laws gives a few rights to security and disallows certain activities, including the divulgence of information acquired electronically in an unapproved way. Whereas, certain specific sectors lays down rules and regulations for maintaining the confidentiality of private and confidential information such as financial free zones DIFC and ADGM. 

Privacy under Civil Law 

The Civil Code of UAE (Federal Law of 5 of 1985) confirms that a breach of privacy entitles the victim to seek compensation under the law and may request for ceasing such act of infringement. Further, unjust invasion of the privilege to security under the Constitution may establish an “unfair act” as per the Civil Code, offering ascend to a common activity for harms. The Civil Code gives that any damage done to another will render the culprit obligated to compensate to the other for the harm caused. 

Privacy under Penal Code 

UAE Penal Code (Federal Law number 3 of 1987) impose penalties or punishments for those who tries to infringe privacy of any individual. Article 378 of the Penal Code disallows the individuals who approach people’s very own information from unveiling or publicizing that data. Specifically, the Penal Code explicitly forbids the distribution of individuals’ exclusive issues, and gives authorizations of detainment as well as a fine for any individual who, through any methods, distributes news, pictures or remarks relating to mysteries of an individual’s private or family lives, regardless of whether such distributions are valid.

Privacy under Cyber Crime Law 

Federal Law No. 2 of 2018 (the Amending Decree) was given to amend certain arrangements of Federal Decree-Law No. 5 of 2012 on combatting IT violations (the Cybercrimes Law), in spite of the fact that the update didn’t add up to generous changes for associations working in the UAE. The punishment for preparing, overseeing or running a site or distributing electronic data that promote any sort of terrorist organizations or unapproved associations was expanded from a base five-year detainment and AED 2,000,000 fine to detainment for a time of somewhere in the range of 10 and 25 years with a fine of up to AED 4,000,000. 

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