Federal Law No. 1 of 2006
Electronic Transactions And Commerce
Khalifah Bin Zayed Al Nahyan, President of the United Arab Emirates State,
to the perusal of the Constitution; and
Law no. 1 of 1972 regarding the Jurisdiction of Ministries and the Powers of
Ministers and the amending laws thereof; and
Law No. 5 of 1975 regarding the Commercial Register; and
Law no. 8 of 1980 regarding the Regulation of Labor Relations and the amending
laws thereof; and
Law no. 10 of 1980 regarding the Central Bank, the Monetary System and
Regulation of Labor Relations and the amending laws thereof; and
Law no. 8 of 1984 regarding the Commercial Companies and the amending laws
Law no. 9 of 1984 concerning the Insurance Partners and Agents and the amending
laws thereof; and
Transactions Law issued by Federal Law no. 5 of 1985 and the amending laws
Code issued by Federal Law no. 3 of 1987; and
Law no. 22 of 1991 regarding the Notary public and Federal Law no. 10 of year
of Substantiation of Commercial and Civil Transactions issued by Federal Law no.
10 of 1992; and
Procedure Law issued by Federal Law no. 11 of 1992; and
Procedure Law issued by Federal Law no. 35 of 1992; and
Law no. 37 of 1992 concerning Trademarks and the amending laws thereof;
Transactions Law issued by Federal Law no. 18 of 1992; and
Law no. 17 of 2002 regarding Regulation and Protection of Industrial Property of
Patents, Drawings and Industrial Designs; and
Decree-Law no. 3 of 2003 regarding the Regulation of Telecommunications Sector;
upon the proposal of the Minister of Economy and Planning and the approval of
the Council of Ministers, and the ratification of the Federal Supreme
promulgated the following Law:
following words and terms shall have the meanings assigned to them below unless
the context indicates otherwise:
State: The United Arab Emirates State.
Authorities: Federal Ministries, local departments and authorities,
organizations, and general, Federal and local establishments.
Ministry: The Ministry of Economy and Planning.
Minister: The Minister of Economy and Planning.
competent local authority: the competent local authority in each Emirate member
of the state.
whatever relates to modern technology having electrical, digital, magnetic,
confidential, luminous powers or the like.
information: data and information of electronic features in the form of texts,
symbols, sounds, drawings, images, computer programs or other.
information system: group of programs and systems designed for processing and
administering data and information to create, retrieve, send, receive, store,
electronic mail displaying and others.
record or document: a record or document to be established, stored, retrieved,
copied, sent, notified, or received by electronic means through tangible medium
or any other electronic medium and shall be retrievable in perceivable
means: electronic management, magnetic, optical, electrochemistry or any other
tools used to process data, perform logic and arithmetic or storage functions,
and it includes any storage capability of data and communications relate or
function in conjunction with a similar tool.
originator: Physical or juristic person who himself or through his
representative, send an electronic message of whatever instance. Shall not be
considered originator, any party carries out the duty of services provider
concerning production, processing, sending or saving this electronic message and
any other services related to it.
addressee: Physical or juristic person whom the originator has intended to send
him his message. Shall not be considered an addressee, the person who provides
the services concerning receiving, processing or saving the electronic messages
and other related services.
program: Group of data, instructions and orders enforceable through information
means designed for a specific task.
message: electronic information sent or received by electronic means whatever
retrieving means used at the place of receipt.
Messenger: Sending and receipt of electronic messages.
signature: Signature composed of letters, numbers, symbols, sound or electronic
processing system attached or logically connected to an electronic message
imprinted with intent of ratification or adoption of that message.
Electronic Signature: Electronic signature observing the conditions of Article
18 of the present Law.
Physical or juristic person acquiring an electronic signature tool of his own,
and who signs or the signing shall be performed on his behalf on the electronic
message by using the mentioned tool.
tool: a system or electronic information designed independently or in
participation with other electronic systems and information to set down an
electronic signature to a definite person, these operations comprehend any
systems or tools that produce or receive certain information like symbols,
mathematical methods, letters, numbers or personal private keys.
Electronic agent: A program or an electronic system of an automated information
tool that works independently, in whole or in part, without supervision of any
physical person at the time of action or response.
Electronic transactions: Transactions to be concluded or performed, in whole or
in part by electronic means or records, and where these activities or records
are not followed up or reviewed by a physical person.
Services Provider: any person or duly accredited party issues electronic
authentication certificates or any services or tasks related to it and to
electronic signatures regulated by the provisions of the present Law.
authentication certificate: A certificate issued by authentication services
provider in which he indicates the identity of the person or the party acquiring
a specified signature tool.
Authentication Procedures: procedures aiming to ascertain that an electronic
message is initiated by or to a certain person, and to discover any error or
modification in contents, sending or saving an electronic message or an
electronic record within a fixed period, this shall include any procedure uses
mathematical methods, symbols, words, identification letters, codes, procedures
of reply or acknowledgment of receipt and other means of information security
party: the person who acts depending on an electronic signature or an electronic
transaction: Any dealing, contract or agreement concluded or enforced in whole
or in part by electronic messages.
commerce: Commercial transactions carried out by electronic messages.
Of The Law And Its Objectives
rules of international commercial customs concerning electronic transactions and
commerce and the general rules of civil and commercial transactions shall apply
on all matters not provided for in this Law.
Law shall apply to electronic records, documents and signatures related to
electronic transactions and commerce, the following instances shall be excluded
from the provisions of this Law:
Transactions and matters concerning civil status like marriage, divorce and
deeds of real estates.
Transactions concerning the sale and purchase of real estates, its disposition
and rental for periods in excess of ten years and the registration of any other
rights related to it.
document required by Law before Notary Public.
other documents or transactions to be excluded by a special legal term.
Council of Ministers may decide to add any other transactions or matters to
whatever is mentioned in previous sections of paragraph two of this Article, or
to cancel or modify it.
of this Law are:
protect the rights of electronic users and determine their obligations.
promote and facilitate electronic transactions and communications through
reliable electronic records.
Facilitate and eliminate any obstacles to the electronic commerce and other
electronic transactions resulting from ambiguity relating to writing and
signature requirements, and to enhance legal and commercial development to
ensure the implementation of electronic commerce.
Facilitate the transferring of electronic documents between governmental
authorities and establishments and non-governmental in addition to enhance
supplying the services of these authorities and establishments efficiently and
through reliable electronic messages.
Decrease forgery of electronic messages and changes to these messages and to
decrease fraud opportunities in electronic commerce and other electronic
6- To set
uniformed principles of the rules, bylaws and the standards concerning
ratification and reliability of electronic messages.
enhance confidence in the validity and reliability of electronic transactions,
messages and records.
enhance the development of electronic commerce and other transactions locally
and globally through using electronic signatures.
Of Electronic Transactions
Electronic message shall not be denied legal effect and enforceability solely
because it is in electronic form.
Information proven in the electronic message shall not be denied legal
conclusiveness, even if is briefly mentioned, if review of the details of these
information is available within the electronic system of its originator, and
that review directions are indicated in the message.
Retention Of Electronic Records
1- If the
law requires retention of document, record or information for whatever reason,
this condition is satisfied by retention of this document, record or information
in electronic record form, provided that the following conditions are
Retention of the electronic record in its original form, in which it was
generated, sent or received, or in form accurately reflects the information as
it was originally generated, sent or received.
Retention of information be accessible for later usage and reference.
Retention of information – if existing- which enables to determine the
electronic message origin, destination, date and time of its sending and
obligation concerning retention of documents, records or information pursuant to
section (c) of paragraph (1) of this Article shall not be extended to any
information generates necessarily and spontaneously solely to enable record
sending and receipt.
person may satisfy the requirements specified in paragraph (1) of this Article
by resorting to the services of another person provided that the conditions
specified in the mentioned paragraph are observed.
Nothing in this Article precludes the following:
Existence of a term in another law decides to retain documents, records or
information in the form of electronic records pursuant to a specified electronic
information system or to adopt certain procedures, retention or communication
through determined electronic agent.
right of the governmental authorities to determine additional requirements for
the retention of electronic records subject to its jurisdiction.
Acceptance Of Electronic Dealing
Law does not demand any person to use or accept information in electronic form,
but the consent of this person is concluded from his positive conduct.
parties relating to generating, sending, receiving, storing or processing any
electronic record are allowed to conclude agreements contrary to any of the
provisions mentioned in Chapter 2 to Chapter 4 of this Law.
3- As an
exclusion of the provisions of paragraph (1) previously mentioned, the
Government’s acceptance of electronic dealing in transactions to which it
is a party must be explicit.
law requires any statement, document, record, transaction or evidence to be
written, or if determines specific results upon non-writing, the electronic
document or record shall satisfy this condition if the provisions of paragraph
(1) of Article 5 of this Law is observed.
1- If the
law requires the existence of signature on a document, or if determines any
specific results upon this signature, eventually; the electronic signature
reliable within the meaning mentioned in Article 18 of this Law is satisfying
person may use any form of electronic ratification forms unless the law
law requires submission of the electronic message or its retention in its
original form, or decided specific consequences for non-observance, the
electronic message shall be considered original if the following conditions are
1- If any
technical evidence confirms the reliability of the information mentioned in the
electronic message after it was first generated in its final form as electronic
document or record. The standard for evaluating the reliability of information
is determination of whether it is complete and unchanged, excluding any
addition, endorsement, changing that may occur during the normal situation of
notification, storage and display.
degree of reliability demanded must be evaluated in the light of the purpose for
which the information is generated, and in the light of the related
2- If the
message allows to display the information to be submitted on demand.
Acceptance And Conclusiveness Of Electronic Evidence
not preclude from accepting the electronic message or electronic signature as an
the message or signature is in electronic form.
the message or signature be not original or in its original form, when this
electronic message or signature is the best acceptable evidence obtainable by
the person using it as a proof.
the evaluation of the conclusiveness of the electronic information evidence, the
following factors must be observed:
extent of reliability of the method by which one or several transactions of
information entry, establishment, preparation, storage, submission or sending
are carried out.
extent of reliability of the method used to preserve the information
extent of reliability of information source if known.
extent of reliability of the method by which the identity of the originator is
other element related to the subject.
otherwise is established, the protected electronic signature must be:
signature of the person attributed to him.
c- Set by
that person with the intent to sign or ratify the electronic message attributed
otherwise is established, the protected electronic record must be:
Unchanged since it was generated.
Setting Up Contracts And Its Validity
contracts purposes, it is allowed to express the offer and acceptance in whole
or in part through the electronic message.
contract may not be denied its validity or enforceability solely because it is
concluded in one or several electronic messages.
Confidential Electronic Transactions
1- It is
allowed to conclude contracts between confidential electronic mediums that
include two or several electronic information systems, designed and programmed
in advance to perform so, the agreement shall be deemed valid, enforceable and
giving its legal effects even in the instance of no personal or direct
interference of any physical person in the contract conclusion in the
2- It is
allowed to conclude contracts between a confidential electronic information
system in the possession of physical or juristic person and another physical
person, should this latter knows or supposed to know that the system shall
conclude the contract automatically.
electronic message shall be attributed to the originator should he issue it
Concerning the relation between the originator and the addressee, the electronic
message shall be attributed to the originator should it be sent:
a- From a
person competent to act on behalf of the originator concerning the electronic
b- From a
confidential information system automated by the originator or on his
Concerning the relation between the originator and the addressee, the addressee
is entitled to consider the electronic message as issued by the originator and
act on the basis of this presumption:
a- If the
message is correctly implemented, a procedure previously agreed upon by the
originator to verify that the electronic message is issued by this originator
for this purpose.
b- If the
electronic message as received by the addressee, resultant from the acts of a
person enabled by virtue of his relation with the creator or by his deputy to
access the method used by the creator to prove that the electronic message is
issued by him.
provisions of the paragraph (3) of this Article shall not be applicable:
date of receipt of notification by the addressee sent by the originator in which
he states that the electronic message is not issued by him, provided that the
addressee was enabled enough time to react on the basis of the
b- If the
addressee knew or should have known that the electronic message was not issued
by the originator, should he exerts reasonable efforts or uses any procedure
agreed upon with the originator.
it be impossible for the addressee to consider the electronic message as issued
by originator or act on the basis of this presumption.
the electronic message is issued or deemed as issued by the originator or when
the addressee is entitled to act due to this presumption pursuant to paragraphs
(1), (2), (4) of the provisions of this Article, the addressee is entitled
within the framework of the relation between him and the originator to consider
that the electronic message received, is the message intended to be sent by the
originator, and to act on this basis.
addressee is entitled to consider every electronic message received by him as
independent message and act on this basis, paragraph (7) of this Article shall
not be enforceable if the addressee knew or should have known - should he exerts
reasonable efforts or uses any procedure agreed upon with the originator –
that the electronic message is a second copy.
addressee shall not be entitled to presumptions and conclusions mentioned in
paragraphs (5), (6) of this Article if he knew or should have known should he
exerts reasonable efforts or uses any procedure agreed upon, that transmission
has attributed to an error in the electronic message as received by him.
Acknowledgment Of Receipt
provisions of paragraphs (2), (3) and (4) of this Article shall be applicable
when the originator demand the recipient or agree with him, before or at the
time of sending the electronic message, to send an acknowledgment of
there is no agreement between the originator and the recipient that the
acknowledgment of receipt must be in specific form or method, the acknowledgment
of receipt may be performed through:
message from the recipient whether by electronic means, confidential or any
conduct of the recipient indicates that he has notified the originator of
receiving the electronic message.
3- If the
originator mentioned that the electronic message is conditioned upon receiving
an acknowledgment of receipt, accordingly it shall have no legal effect until
the originator receives the acknowledgment.
4- If the
originator demands an acknowledgment of receipt without mentioning that the
electronic message is conditioned upon receiving an acknowledgment of receipt
during the determined time limit or agreed upon or within a reasonable time
limit, if a specific time is not determined or agreed upon, the originator
the recipient that he has not received any acknowledgment of receipt and
determine a reasonable time in which he should receive this
b- If the
acknowledgment of receipt is not received within the time limit specified in
section (a) of this paragraph, the originator is allowed to consider the
electronic transaction as not sent, or exercise other rights.
5- If the
originator receives an acknowledgment from the recipient indicating that he has
received the electronic message, this shall be considered as proof of delivery
unless the recipient submits a proof to the contrary, this presumption shall not
impliedly include that the electronic message sent from the originator conform
to the content of the message received by the recipient.
6- If the
acknowledgment of receipt received by the originator provides that the related
message has observed all the technical conditions, whether agreed upon, or
determined by the standards in effect, it is supposed that these conditions were
satisfied unless proven otherwise.
Excluding any matter related to sending or receiving the electronic message,
this Article shall not apply to legal effect resultant from electronic message
or acknowledgment of receipt.
Time And Place Of Sending Electronic Messages
Unless otherwise agreed between the originator and the addressee:
electronic message is sent when using information system not subject to the
control of the originator or the person who sent the message on his
of receipt of electronic message shall be determined as follows:
a- if the
addressee has designated an information system for the purpose of receiving the
electronic message, receipt shall be at the time of entering the electronic
message into the designated electronic system or when retrieving the message by
the recipient should it be sent to an information system subject to it other
than the information system designated to receive the message.
there is no information system designated by the addressee, time of receipt
shall be when the electronic message enters an information system subject to the
Section (2) of (First) of this Article shall apply even if the place wherein the
information system is located differs from the place wherein the electronic
message is deemed to be received under paragraph (Third) of this Article.
unless otherwise agreed between the originator and the recipient, the electronic
message is deemed to be sent from the originator’s place of business and
to be received at the recipient’s place of business.
For the enforcement of the provisions of this Article:
a- If the
originator or recipient has more than one place of business, the place of
business shall be the place having the closest relationship to the underlying
transaction, or the principal place of business if there is no underlying
b- If the
originator or recipient does not have a place of business, the place of business
is the habitual residence.
habitual residence concerning juristic person, is the head office or place of
Electronic Records And Signatures
Protected Electronic Records
precise authentication procedures whether specified in the law or commercially
acceptable and agreed upon between the parties, were properly implemented on an
electronic record to verify that it is unchanged since a specified period, this
record shall be treated as protected electronic record from that time until
the enforcement of the provisions of this Article and Article 17 of this Law,
and within the field of determination whether the precise authentication
procedures are commercially acceptable, for those procedures commercial
circumstances at time of its usage shall be reviewed in addition to:
Expertise and skills of parties.
of similar transactions performed by one party or by both of them.
Existence of substitute procedures and its cost.
Procedures used generally in similar types of transactions.
Protected Electronic Signature
Signature shall be deemed protected electronic signature if it is possible to
verify through the implementation of precise authentication procedures
designated in this Law or commercially acceptable and agreed upon between the
parties that the electronic signature at the time of its execution:
attributed only to the person who used it.
b- It is
possible to prove the identity of that person.
c- It is
fully controlled by him whether concerning its creation or usage at time of
d- It is
connected to the concerned electronic message by a link that provides reliable
proof as regards the signature validity, accordingly if the electronic record is
changed, the electronic signature will no longer be protected.
electronic signature shall be accepted as a proof unless otherwise
Relying On Electronic Signatures And Authentication Certificates
person is entitled to rely on electronic signature or electronic authentication
certificate to the extent of which such reliable is acceptable.
electronic signature is enhanced with electronic authentication certificate, the
party relying on that signature shall be responsible for the consequences of his
failure to adopt necessary reasonable steps to verify the validity and
applicability of such certificate, and whether it is suspended or canceled, and
observance of any restrictions concerning the electronic authentication
determine whether it is possible for a person to rely on an electronic signature
or electronic authentication certificate, the following factors must be
of the concerned transaction intended to be enhanced by the electronic
or importance of the concerned transaction if acknowledged by the party relying
on the electronic signature.
c- If the
person relying on the electronic signature or electronic authentication
certificate, has adopted appropriate steps to determine the extent of
reliability of electronic signature or electronic authentication
d- If the
party relying on the electronic signature has adopted appropriate steps to
verify that the electronic signature is enhanced by electronic authentication
certificate or supposed to be so.
e- If the
party relying on the electronic signature or electronic authentication
certificate, has known or should have known that the electronic signature or
electronic authentication certificate was violated or canceled.
Agreement or previous dealing between the originator and the party relying on
the electronic signature or electronic authentication certificate or any other
commercial custom common in this matter.
other related factor.
relying on this electronic signature or electronic authentication certificate is
impossible in the light of the surrounding circumstances due to the factors
mentioned in paragraph 2 of this Article, the party relying on the electronic
signature or electronic authentication certificate shall be responsible for all
the risks resultant from the non-validity of that signature or certificate
unless otherwise established.
The Signers’ Duties
use his signature tool unlawfully.
reasonable effort to preclude using his signature tools by unlicensed usage.
the concerned person without any unjustifiable delay, in the instance of:
signer’s knowledge that his signature tool is exposed to what indicates
doubts in its safety.
established due to the circumstance acknowledged by him that his signature tool
is exposed to what evoke doubts.
reasonable efforts to ensure precise and perfection of whatever he submit of
statements and essential declarations related to the electronic authentication
certificate at its effectiveness period, these are the instances in which the
signature tool requires the use of this certificate.
The signer is responsible for his failure to comply with requirements of
paragraph (First) of this Article.
Related To Electronic Authentication Certificates And Authentication
Authentication Services Controller:
purposes of this Law, the Council of Ministers shall designate an authority to
control over authentication services and particularly for the purposes of
licensing, authentication and controlling the activities of authentication
services providers and its supervision.
The Duties Of The Authentication Services Provider
The authentication services provider must:
according to the information submitted concerning the exercise of his
reasonable effort to ensure submitting precise and complete essential data
related to the electronic authentication services or mentioned in it during its
Provide accessible means which enable the party relying on his services to
ascertain from the following:
identity of the authentication services provider.
the person whose identity is determined in the electronic authentication
certificate is controlling the signature tool indicated in this certificate at
the concerned time.
method used to determine the signer’s identity.
Whether any restrictions on the purpose or value to which the signature tool is
allowed to be used.
the signature tool is valid and is not exposed to what evoke doubts.
Whether the signer has a notification means pursuant to this Law.
Whether there is appropriate means to notify about signature cancellation.
Provide means to the handicapped enabling them to submit a notification
indicates that the signature tool is doubtful and ensure the availability of
signature cancellation service usable at the appropriate time.
while carrying out his services reliable regulations, procedures and human
licensed by the authentication services controller if working in the
To determine the reliability of regulations, procedures or human
for the purposes of paragraph
(1/e) above-mentioned, the following must be taken into consideration:
Financial and human resources including the availability of assets within the
of trust in computer programs and systems.
Processing procedures, issuance of electronic authentication certificates,
applications for obtaining these certificates and retention of records.
Availability of the information concerning the signers designated in the
electronic authentication certificates, in addition to providing the information
to the parties relying on authentication services.
Regularity and the extent of accounts reviewing by an independent
Existence of announcement from the State, accredited authority or the
authentication services provider concerning the existence of whatever he
mentioned or committed to.
of compliance of the authentication services provider to the judicial
jurisdiction of the States’ court.
of incompatibility between the law enforced on the activities of the
authentication services provider and the States’ laws.
The electronic authentication certificate must determine the
Identity of the authentication services provider.
the person whose identity is specified in the electronic authentication
certificate is controlling the signature tool indicated in this certificate at
the concerned time.
the signature tool was valid during or before the date of issuing the electronic
there are any restrictions on the purpose or value to which the signature tool
or the electronic authentication certificate is allowed to be used.
there are any restrictions on the scope or extent of responsibility accepted by
the authentication services provider towards any person.
Should any damages resultant from the invalidity of the electronic
authentication certificate or existence of any default, the authentication
services provider shall be responsible for the losses sustained:
If inscribed in the electronic authentication certificate, a statement
restricting the scope and extent of his responsibility towards any concerned
person in compliance with the regulation issued in this matter.
b- If he
establishes that he has not committed any mistake or negligence, or that the
damage is resultant from a foreign cause.
Regulating the Work of the Authentication Services Provider:
Minister shall issue; on the proposal of the controller, the regulations
concerning regulating and licensing the work of the authentication services
providers working in the State including the following:
Licensing and license renewal of the authentication services providers, their
authorized representatives and renewal of these licenses and matters related to
Activities of the authentication services providers including the method and
place where they obtain their works and public attraction.
Standards and rules to be observed and adopted by the authentication services
providers in their works.
Determination of the appropriate standards concerning the qualifications and
expertise of the authentication services providers and training regarding their
Determination of the conditions of business administration carried by the
authentication services providers.
Determination of contents and distribution of written, printed and visual items
and announcements which are allowed to be distributed or used by any person
concerning any electronic authentication certificate or digital key.
Determination of the form and content of any electronic authentication
certificate or digital key.
Determination of the details to be set down in the accounts retained by the
authentication services provider.
Qualifications to be observed by the auditors of the authentication services
Setting down the rules necessary to regulate searching and examining the acts of
the authentication services providers.
Conditions of setting up and regulating any electronic system by the
authentication services provider, whether solely or in participation with other
authentication services providers, impose and change these conditions or
restrictions according to the proposal of the controller and in coordination
with the competent authorities.
method adopted by the license beneficiary to administer his transactions with
the clients, also in case of contradiction between his interests and their
interests and his duties towards them concerning the digital electronic
Proposition of duties to be collected concerning any order requested pursuant to
the provisions of this Article. These duties shall be determined by a decision
given by the Council of Ministers.
Setting down any forms for the purposes of the enforcement of this
Financial fines and penalties decided for the violation of the rules concerning
licensing and regulating the activities of the authentication services
Of Electronic Authentication Certificates And Foreign Electronic
determine whether the electronic authentication certificate or the electronic
signature is in effect, shall not be taken into consideration either the place
where the certificate or electronic signature is issued or the judicial
jurisdiction wherein the place of business of the party that issued this
certificate or the electronic signature is located.
electronic authentication certificate issued by foreign authentication services
provider, shall be deemed as an electronic authentication certificate issued by
the authentication services providers working pursuant to this Law, if the acts
of the foreign authentication services providers are reliable at least in a
standard equivalent to the standard required by Article 20 concerning the
authentication services providers working pursuant to this Law, taking into
consideration the accredited international standards.
3- It is
allowed to recognize signatures satisfying the conditions of the laws of another
State, and consider it in the same level of the signatures issued in compliance
with the provisions of this Law, if the laws of other countries set down
conditions standard of credit to signatures equivalent at least to the standard
required by this Law to these signatures.
the recognition of electronic authentication certificates and foreign electronic
signatures specified in paragraphs (2), (3) previously mentioned, it is
necessary to review the factors mentioned in paragraph (2) of Article 21 of this
determine whether the electronic signature or electronic authentication
certificate is in effect, it is necessary to take into consideration any
agreement between the parties as regards the transaction using that signature or
6- As an
exclusion from the provisions of paragraphs (2), (3) previously mentioned:
parties of commercial transactions and other transactions are allowed to agree
to employ specific authentication services providers or group of them or a
specific category of the electronic authentication certificates concerning the
letters and electronic signatures submitted to them.
b- In the
instances in which the parties agree to use specific types of signatures or
electronic authentication certificates, this agreement shall be sufficient for
purposes of mutual recognition to judicial jurisdiction of the countries to
which the parties are subject, provided that this agreement be not unlawful
according to the provisions of the laws enforced in the State.
Use Of Electronic Records And Signatures
Governmental authorities within the scope of its duties assigned to them by law
are allowed to perform the following acts:
Acceptance of deposit or submission of documents or its generation, or retention
in the form of electronic records.
Issuance of any permission, license, decision or approval in the form of
Acceptance of duties or any other payments in electronic form.
Putting forth bids and receiving auctions concerning governmental purchases by
2- If the
Government decides to execute any of the acts mentioned in paragraph 1 of this
Article, it shall be allowed thereupon to determine:
manner or form in which the electronic records must be created, deposited,
retained, submitted or issued.
manner, means, method and procedures carried out to put forth bids, receive
auctions, and fulfill governmental purchases.
type of the electronic signature required including stipulating that the sender
uses a digital signature or another protected electronic signature.
manner and form to be adopted to affix the signature to the electronic record
and the standard to be met by the authentication services provider to whom the
document is submitted for retention and deposit.
Control processes and procedures as appropriate to ensure the safety, security
and secrecy of the electronic records, payments or duties.
other features, conditions or provisions currently determined for sending paper
documents, if requested so concerning the electronic records related to payments
It is not
allowed to any person to publish an electronic authentication certificate which
refers to the authentication services provider whose name is mentioned in this
certificate, if this person acknowledges that:
authentication services provider whose name is mentioned in the certificate has
not issued it.
signer whose name is mentioned in this certificate has not accepted it.
certificate is cancelled or stopped unless the publishing is aiming to ascertain
from electronic or digital signature used before stoppage or cancellation.
sentenced to imprisonment of at least one year and by a fine that may range
between fifty thousand Dirhams and two hundred and fifty thousand Dirhams or
either of these two penalties whoever creates, publishes, provides or submits
any electronic authentication certificate which includes or refers to incorrect
data with his knowledge of this.
sentenced to imprisonment of six months at most and by a fine not in excess of
one hundred thousand Dirhams or either of these two penalties whoever submits to
the authentication services provider an application using incorrect information
aiming for the issuance, cancellation, stoppage of electronic authentication
be sentenced to imprisonment for at least six months and by a fine that may
range between twenty thousand Dirhams and two hundred thousand Dirhams or either
of these two penalties any person, due to any powers granted to him managed to
review information in electronic records, documents or messages, and discloses
any of this information.
be excluded from the provisions of paragraph (1) of this Article the instances
where declaration of information is carried out for purposes related to the
enforcement of this Law or execution of any judicial procedures.
sentenced to imprisonment for six months at most and by a fine not in excess of
one hundred thousand Dirhams or either of these two penalties whoever commits an
act that forms a crime according to legislations in effect, by using electronic
be sentenced to imprisonment or by a fine that may range between ten thousand
Dirhams and one hundred thousand Dirhams, the presidents and members of general
assemblies and the directors of the juristic person should they cause due to
their consent or concealment or any conduct incurred to a violation of any
provision of the provisions of this Law.
employees of the juristic person shall be sentenced to imprisonment or by a fine
that may range between ten thousand Dirhams and one hundred thousand Dirhams
should they contravene the provisions of this Law or its implementing
regulations in case it is established that the violation is a result of his
conduct, negligence, consent or concealment.
3- In the
instance of conviction regarding any of the two sections 1 and 2 of this
Article, the juristic person to whom the convicted individuals are subject shall
be penalized by a fine equivalent to the fine rendered against any of
prejudice to the rights of a third party of good faith, and in the instances of
conviction according to the provisions of this Law, the court may decide to
confiscate machines and tools used in committing the crime.
shall decide to expatriate the foreigner if a judgment of imprisonment is
rendered against him pursuant to the provisions of this Law.
of the penalties specified in the present Law shall not affect any greater
penalties specified in another law.
employees of the Ministry and the competent local authority who are designated
by a decision given by the Minister of Justice, Islamic Affairs and Endowments
by agreement with the Minister shall have the capacity of judicial officers to
investigate any violation to this Law and its implementing regulations.
Minister shall issue regulations and decisions necessary for the implementation
of the provisions of this Law.
provision contrary or inconsistent with the provisions of this Law is
shall be published in the Official Gazette and shall come into force as of the
date of its publication.
Us at the Presidential
Palace in Abu Dhabi
On 30 Dhu al- Hijjah 1426
Corresponding to 30/01/2006
Zayed Al Nahyan
President of the
United Arab Emirates State
This Federal Law has been published in the
Official Gazette, issue no. 442, page 31.