New cyber law in UAE
Latest UAE cyber crime law to battle ecrime in Dubai, UAE
The latest law of cybercrime in UAE has stretched its definition of violating the privacy of other people. In this sense, just like driving under the influence of alcohol, is now a punishable offense to listen to, transmit and disclose communications of others, both audio and video. Furthermore, it makes it a crime to take, copy, save, and publish photographs of others.
Likewise, people who publish information, news, or communications from others (even if they are true) can be penalized too. Apart from all this, the UAE cyber law also establishes other categories of crimes. In this way, it seeks to stop the increase in this type of crime by expanding its meaning.
1. Notable elements of the UAE cyber law
Within the new law that determines cybercrime in UAE, there are some changes concerning Federal Law No. 2 of 2006. Below, we show you the articles with the most important changes regarding this type of crime.
1.1 Illegal entry to a website
The latesr UAE cyber crime law, in Article 2, removes the requirement of intent to access an illegal site. Now, this new law prohibits access to these sites illegally, without a permit, or by exceeding the limits of the permit. Even with a VPN you can incur in a fine. In this case, the person involved in the act could be fined between AED 100 and AED 300.
In addition, if you access the site and further tamper with or publish the information you have obtained, you will be fined or imprisoned. The fine will be between AED 150,000 and AED 750,000 but the prison sentence could be up to 6 months. However, if the information is personal, the penalties could be between AED 250,000 and 1,000,000 or one year in prison. If this happens, you better have a great legal representative.
Likewise, article 4 of the law of cybercrime in UAE establishes the penalties for illegally entering these sites to obtain government data. This article also covers illegal access to steal the data or confidential information of a business of any kind. In both cases, the person or persons will be sanctioned with fines between AED 250,000 and AED 1500,000 or temporary imprisonment.
However, if the data is altered or published, the penalty increases to between AED 250,000 and AED 1,500,000 or imprisonment for 5 or more years.
1.2 Medical information
The new cyber crime UAE law in article 7 broadens the definition of offenses concerning medical information. In this sense, it is prohibited to obtain, manipulate or publish information related to medical aspects; such as medical test failed in the UAE. Anyone who carries out these actions without permission will receive a temporary prison sentence.
1.3 Bank information
The new law also broadens cyber crime Dubai related to the banking information of any person. Article 12 of the aforementioned law establishes the sanctions for illegally accessing the following information:
-Credit card numbers.
-Electronic card numbers.
-Bank account statements.
-Details of electronic means of payment.
Thus, any person who commits this ecrime Dubai to obtain the funds of third parties will receive imprisonment for no less than 6 months. Also, they may be fined between AED 200,000 and AED 1,000,000.
In the same way, the Cybercrimes Law prohibits counterfeiting, imitation, and copying of cards or any electronic payment method. In this case, article 13 will penalize the people who knowingly use and accept said payment methods. Penalties may include imprisonment and/or fines of between AED 500,000 and AED 2,000,000.
For its part, article 14 criminalizes the illegal obtaining of codes, numbers, or passwords to access electronic sites. This e crime Dubai is also punishable by imprisonment and/or fines between AED 200,000 and AED 500,000.
1.4 Electronic communication
The law also protects citizens from cybercrime in UAE with a ban on interrupting electronic communication with spam. Likewise, it is illegal for anyone to intentionally intercept online communications without permission. Therefore, whoever commits these crimes will receive a fine of between AED 150,000 and AED 500,000.
However, the penalty is more serious in case of disclosure of the information obtained by these means. In such a case, the person or persons involved may receive a prison sentence for a maximum of 1 year.
1.5 Games and material against public morals
The cybercrime in UAE also encompasses people who engage in activities related to material that violates public morals; such as pornography and other related material. In this case, article 17 refers to the production, transmission, publication, and exploitation of gambling and/or pornographic material. As a result, the people involved in such activities through electronic sites will receive fines and criminal sentences.
In this case, the monetary fine will be not less than AED 250,000 and not more than AED 500,000. In addition, the penalties are significantly increased if the subjects of the content are under 18 years of age. Therefore, the prison sentence can be up to one year and the fines will be between AED 500,000 and AED 150,000.
In the same way, a person who incites another to prostitution on an electronic site will also receive a penalty. Under Article 19 of the UAE cyber crime law, the penalties will be imprisonment and a fine of between AED 250,000 and AED 1,000,000. In addition, if the victim is a minor, the prison sentence will be less than 5 years and the fine will not exceed AED 1,000,000.
1.6 Defamation
Another cybercrime offense in the UAE is related to insulting or attributing incidents to other people. In this sense, if the incident can cause punishment or contempt from others in an electronic medium, it also entails punishment. In this case, it is imprisonment or a fine between AED 250,000 and AED 500,000.
Furthermore, slander or insult against public employees is an aggravating factor for the aforementioned crimes.
1.7 Human trafficking
Article 23 of the law establishes that no person can be involved with electronic sites for organ or human trafficking. In this case, the person may be temporarily imprisoned by the ecrime Dubai police or get a fine. The said fine can be between AED 500,000 and AED 1,000,000, which is higher than what is established in the 2006 law.
1.8 Sedition, sectarianism, and attack against national unity
In this case, it is the article that mentions this type of crime committed using any technological means. That is, to people who create or manage sites that promote disorder, hatred, racism, or sectarianism. Moreover, it is a cybercrime in UAE to promote these means of ideas that endorse or threaten national unity, peace, public order, and decency.
1.9 Weapons and terrorist activities
It is also a cyber crime UAE to promote and trade weapons, ammunition, or explosives through a website (Article 25). In the same way, article 26 establishes as a crime the use of an electronic site for the promotion of terrorism. This includes the publication of information from groups, associations, or organizations related to terrorism.
1.10 Unlicensed donations
According to Article 27 of the New Cyber Crime Law, it is a cybercrime in UAE to create a site to collect donations. This is only in case the site owners do not have the license of the official authorities.
1.11 Attacks against the State
The law also establishes prison sentences and fines for those involved in computer sites or media that do the following:
-Mocking or damaging the reputation of any of the institutions, authorities, or symbols of the state (Article 29).
-Publish news, cartoons, or images that represent threats against the security of the state, and its interests, or violate public order (Article 28).
-Try to overthrow the state, obstruct the constitution, and laws or oppose the basic principles of the system of government.
1.12 Promote unauthorized demonstrations
Cybercrime in UAE also consists of participating in sites that promote unauthorized protests. In this case, it includes planning, organizing, promoting, or calling protests or similar activities (article 32). Persons found guilty of this offense will receive prison terms or fines of between AED 500,000 and AED 1,000,000.
1.13 Antique trade
People who use electronic means to illegally trade in antiques or works of art will also be punished. In this case, article 33 establishes a prison sentence or fines of less than AED 1,000,000 but greater than AED 500,000.
1.14 Communications
According to article 34 of the Law of cybercrime in UAE, it is an offense to illegally facilitate or benefit from online communication services. However, this article does not penalize the use of this type of service or audiovisual transmission channels. That is, it is only penalized to access or obtain said services illegally in any way.
In this way, the sanctions include imprisonment for not less than one year and fines between AED 250,000 and AED 1,000,000.
1.15 Religious contempt
People who use websites to promote religious hatred will be fined between AED 250,000 and AED 1,000,000. In this case, cybercrime in UAE includes:
-Show contempt for Islam in all its context, including Divinity (Allah, God) and the Prophets.
-Show contempt for any other faith or religion.
1.16 Money laundering and drug trafficking
The UAE cyber crime also involves the establishment, operation, or supervision of sites that promote drugs. The fines contemplate AED 500,000 as a minimum and AED 1,000,000 as a maximum and temporary imprisonment for those involved. This is an increase in the penalty established in the previous law, which only included temporary detention.
Likewise, article 37 establishes prison sentences and fines of between AED 500,000 and AED 2,000,000 for money laundering. Specifically, it talks about the transfer or deposit of illegal funds to hide or mask their origins. That is, hide the origin of the funds, their source, movement, ownership, and the corresponding rights.
In addition, those who use illegal funds with full knowledge of their illegality will receive the aforementioned penalties.
2. Know everything about the UAE cyber laws
Cyber crime UAE is very well criminalized in the new law, which increases the penalties in certain cases. At the same time, it expands the concept of cybercrime in particular cases and the penalties include arrest and large fines. Therefore, it is important to know each aspect of the use of electronic media so as not to be involved in the aforementioned events.
However, if you have incurred some of the actions punishable by law, you can request our services. Our extensive experience in various practice areas will allow you to have the best lawyers in the UAE.
Likewise, we not only offer criminal services but others that include the following:
We help you to know every aspect related to UAE cyber security and other important laws. To do this, you just have to contact us and we will give you all the information you need, you can call us at +971 433 16 688. You can also choose to send us your questions and concerns by email at [email protected].
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