In an era where cyber security is more crucial than ever, understanding new legal frameworks is vital for individuals and businesses. The UAE has recently updated its cybercrime laws, introducing stricter penalties and broadening the scope of recognised offences to protect data integrity better.
Our latest blog post thoroughly explores these amendments. We’ll cover the various cyber crimes defined under the new law and the penalties involved. Whether you’re an entrepreneur, an IT expert, or a digital user, keeping abreast of these changes is essential. Join us as we dissect the law’s implications and how to navigate the updated legal landscape effectively.
Offences & penalties under the New UAE cybercrime law
Unauthorised access to an electronic website
Federal Law No. 2 of 2006 stated that intentional illegal access to an electronic site would result in imprisonment and/or a fine. The new Cyber Crime Law has broadened this scope, eliminating the intent requirement. Now, any unauthorised access or overstepping granted permissions can lead to a minimum fine of AED 100 and a maximum of AED 300. More severe consequences apply for actions like altering, copying, deleting, or revealing any data or information accessed illegally; these include a minimum six-month jail term and/or fines between AED 150,000 and AED 750,000. If the compromised data is personal, penalties increase to at least one year in prison and/or fines ranging from AED 250,000 to AED 1,000,000.
Additionally, Article 4 introduces specific penalties for unauthorised access aimed at obtaining government, financial, trade, or economic data, prescribing temporary imprisonment and/or fines from AED 250,000 to AED 1,500,000. If this data is altered, the penalties escalate to a minimum five-year imprisonment and/or fines up to AED 1,500,000.
Infringement of health-related data
Article 7 of the New Cyber Crime Law broadens the scope regarding medical data and information. It stipulates that any individual who, without authorisation, accesses, modifies, damages, or discloses online information about medical records, examinations, diagnoses, treatments, or care will face temporary imprisonment.
Expanded protection against financial cybercrimes
Article 12 of the New Cyber Crime Law has broadened the definition of protected private information, now including credit and electronic card numbers, bank account details, and electronic payment methods. It imposes penalties for unlawful access to such information, with sanctions including imprisonment and/or fines. Specifically, using this information to secure funds from third parties incurs a minimum six-month imprisonment and/or fines ranging from AED 200,000 to AED 1,000,000.
Furthermore, Article 14 prohibits any unauthorised access to confidential numbers, codes, or passwords used for electronic site entry, carrying penalties of imprisonment and/or fines between AED 200,000 and AED 500,000.
Article 13 addresses the forgery, imitation, and copying of credit and debit cards, along with other electronic payment methods. It criminalises the use or acceptance of such forged methods, with punishments including imprisonment and/or fines from AED 500,000 to AED 2,000,000.
Unauthorised electronic communication interference
Article 10 of the New Cyber Crime Law safeguards the privacy and integrity of electronic communications by prohibiting the disruption of such communications through spamming. Article 15 further extends these protections, making it an offence to intentionally capture or intercept online communications without permission. This offence is subject to a fine ranging from AED 150,000 to AED 500,000. Additionally, disclosing information obtained through such unauthorised methods can result in imprisonment for up to one year.
Crackdown on immoral electronic content
Article 17 of the New Cyber Crime Law addresses the production, transmission, publication, and exploitation of gambling and pornographic material, or any other content that could harm public morals via electronic sites. It stipulates that anyone who operates or supervises such a site, or disseminates such materials, faces imprisonment and a fine ranging from AED 250,000 to AED 500,000. Additionally, if the pornographic content involves a juvenile under eighteen years old or is aimed at enticing juveniles, the penalties increase to a minimum one year imprisonment and fines between AED 500,000 and AED 1,500,000.
Furthermore, under Article 19, any individual using an electronic site to incite or entice another person into prostitution faces imprisonment and fines from AED 250,000 to AED 1,000,000. If the victim is a juvenile, the punishment escalates to at least five years imprisonment and a fine of up to AED 1,000,000.
Stricter penalties for defamation on electronic platforms
Article 20 of the New Cyber Crime Law penalises anyone who uses electronic sites to insult others or falsely attributes to them actions that could subject them to punishment or contempt. Offenders will face imprisonment or fines ranging from AED 250,000 to AED 500,000. Insults or slander directed at public employees are treated as aggravating factors, intensifying the severity of the penalties.
Severe penalties for contempt of religious symbols on electronic platforms
Article 35 of the New Cyber Crime Law imposes penalties for displaying contempt towards religious symbols, characters, figures, and rituals on electronic sites. This includes any disrespectful representations of Islam’s holy entities—such as the Divinity (Allah, God) and the Prophets—as well as those of other faiths. Offenders may face imprisonment and fines between AED 250,000 and AED 1,000,000.
Enhanced penalties for human trafficking on electronic platforms
Article 23 of the New Cyber Crime Law explicitly prohibits the use of electronic sites for organ or human trafficking. Individuals found establishing, operating, or supervising such platforms will face temporary imprisonment and fines ranging from AED 500,000 to AED 1,000,000. This represents an increase from the penalties outlined in the 2006 Cyber Crime Law, which prescribed only temporary detainment for similar offences.
Penalties for online sedition and sectarianism
Article 24 of the New Cyber Crime Law imposes penalties on anyone who creates or operates electronic sites to disseminate content that could incite disorder, promote hatred, racism, or sectarianism, or undermine national unity, social peace, public order, and public decency. Such activities are punishable through the legal framework designed to maintain societal harmony and respect.
Clamp down on online weapons trade and terrorist activities
Article 25 of the New Cyber Crime Law specifies that operating an electronic site for the promotion or trade of weapons, ammunition, or explosives is punishable by law. Article 26 further extends these regulations, making it an offence to establish, manage, or supervise an electronic site, or to publish information supporting terrorist groups or any illegal associations, organisations, or bodies.
Prohibition of unlicensed online fundraising
Article 27 of the New Cyber Crime Law enforces strict regulations against the creation or operation of any electronic platform intended for fundraising activities without the proper licensing from the designated authority. This measure ensures that all online fundraising is conducted transparently and within legal boundaries, safeguarding donors and maintaining the integrity of charitable activities.
Safeguarding national security and state dignity
Article 28 explicitly forbids the publication of any information, news, cartoons, or images that could threaten the state’s security, compromise its highest interests, or disrupt public order.
Article 29 of the New Cyber Crime Law imposes penalties, including imprisonment and fines up to AED 1,000,000, for anyone who uses electronic platforms or information technology to disparage or harm the reputation of the state, its institutions, or its leaders—including the President, the Vice President, and the Rulers of the Emirates, along with their Crown Princes and Deputy Rulers. This law also covers offences against the national flag, anthem, emblem, or other national symbols.
Furthermore, Article 30 targets actions that threaten the governance of the state, punishing those who create or operate electronic sites aimed at overthrowing or seizing the government, disrupting the constitution, obstructing lawful governance, or opposing the fundamental principles underlying the state’s system of government.
Penalties on unlicensed demonstrators
Article 32 of the New Cyber Crime Law mandates penalties for individuals who manage or oversee electronic platforms used to plan, organise, promote, or call for demonstrations or protests without appropriate authorisation from the relevant authority. Offenders are subject to imprisonment or fines ranging from AED 500,000 to AED 1,000,000.
Unlicensed trade of antiquities and misuse of communication services
Article 33 of the New Cyber Crime Law imposes penalties, including imprisonment and fines ranging from AED 500,000 to AED 1,000,000, for individuals engaged in the unauthorised trade of antiquities and art via electronic platforms. Additionally, Article 34 sets out penalties of imprisonment and fines between AED 250,000 and AED 1,000,000 for those using electronic sites to provide or facilitate unauthorised access to communication services or audio and video channels.
Regulations on the use of online communication services
Article 34 of the New Cyber Crime Law stipulates that it is an offence for any person to unlawfully benefit from or facilitate the use of online communication services or audio-visual transmission channels. Specifically, the law targets the illegal access and provision of these services, whether for personal use or on behalf of others. Penalties for such offences include fines ranging from AED 250,000 to AED 1,000,000 and/or imprisonment for a minimum of one year.
The official translation from the Ministry of Justice clarifies that anyone who uses these online communication services, audio, or video broadcasting channels without proper legal rights, or who enables others to do so, will face similar penalties of at least one year’s imprisonment and/or fines between AED 250,000 and AED 1,000,000.
Penalties for narcotics promotion and money laundering
The New Cyber Crime Law enforces stringent measures against anyone establishing, operating, or supervising an electronic platform, or publishing information online that promotes narcotics and psychotropic substances. The legislation mandates a penalty of temporary imprisonment and a fine ranging from AED 500,000 to AED 1,000,000, marking an increase from the previous law’s provision of temporary detainment.
Furthermore, Article 37 specifies penalties of imprisonment and fines between AED 500,000 and AED 2,000,000 for any individual using electronic platforms to transfer or deposit funds derived from illegal activities. This includes any efforts to disguise the origin, facts, movement, ownership, or rights related to these illegal funds, or to acquire, possess, or use such funds with knowledge of their illicit origins.
How to report cybercrime in the UAE?
Filing a cybercrime complaint in the UAE involves a straightforward procedure designed to address your concerns efficiently. Connecting with the best lawyers in Dubai makes it even simpler. But if you want to do it yourself, here’s how you can go about it:
Contact the Police
- In-Person Reporting: Visit your nearest police station to file a complaint. Bring all pertinent evidence such as screenshots, URLs, and any detailed information that can substantiate your claim.
- Online Platforms: Both Dubai and Abu Dhabi Police offer online portals for reporting cybercrimes. You can access these services through their official websites or dedicated mobile applications. For Dubai Police, visit their official website, and for Abu Dhabi Police, check out their site.
Use the e-Crime Platform
The UAE offers an e-Crime platform where residents can report crimes securely online. Simply visit ecrime.ae, create an account, and follow the prompts to submit your complaint.
Provide Comprehensive Details
Ensure your complaint includes extensive details such as the date, time, description of the incident, any information on the perpetrator, and the impact of the crime on you.
Follow Up
Once your complaint is filed, you’ll receive a reference number. Keep this number handy for tracking the progress of your case or when providing further details if needed.
Seek Legal Advice
If your situation is particularly complex or involves significant repercussions, it might be wise to consult with a legal expert specialising in cyber laws. They can offer tailored advice and ensure your rights are fully protected.
Wrapping Up
In conclusion, the UAE’s New Cyber Crime Law significantly strengthens the legal measures against digital threats, encompassing a wide range of offences from financial crimes to narcotics trafficking. The updated regulations aim to protect individuals and businesses by promoting safer digital practices and ensuring compliance, thereby safeguarding public interests in an increasingly digital world.
Davidson & Co. is a leading boutique law firm in the UAE, specialising in a wide range of legal services, from regulatory issues to web3 and digital assets. Positioned at the cutting edge of legal trends, the firm offers bespoke solutions tailored to the complex needs of their clients. Whether you require assistance with emerging technologies or conventional legal advice, Davidson & Co. is equipped to support you.
