Corresponding
to 24 Rabi` al-Awwal 1442 H.
On
Consumer
Protection
Federal
Law No. 24 dated
13/08/2006
.
Federal
Decree-Law No. 5 dated 08/08/2023
We,
Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates, Pursuant to
the perusal of the Constitution;
Federal
Law No. (1) of 1972 on Competencies of the Ministries and Powers of the
Ministers and its amendments;
Federal
Law No. (18) of 1981 on the Regulation of Commercial
Agencies
and its amendments;
Federal
Law No. (5) of 1985 promulgating the Civil Transactions Law and its
amendments;
Federal
Law No. (3) of 1987 promulgating the Penal Code and its
amendments
;
Federal
Law No. (20) of 1991 promulgating the Civil Aviation Law;
Federal
Law No. (11) of 1992 promulgating the Civil Procedure
Law
and its amendments;
Federal
Law No. (35) of 1992 promulgating the Criminal Procedure
Law
and its amendments;
Federal
Law No. (37) of 1992 on Trademarks and its amendments;
Federal
Law No. (39) of 1992 on the Production, Import and Trading of Fertilizers and
Agricultural Additives;
Federal
Law No. (18) of 1993 promulgating the Commercial Transactions
Law
;
Federal
Law No. (28) of 2001 on the Establishment of the Emirates Standardisation and
Metrology Authority and its amendments
;
Federal
Decree-Law No. (3) of 2003 on the Regulation of Telecommunication Sector and its
amendments;
Federal
Law No. (1) of 2006 on Electronic Transactions and
Commerce
;
Federal
Law No. (24) of 2006 on Consumer Protection and its amendments;
Federal
Law No. (6) of 2007 on the Establishment of the Insurance Authority and
Regulation of its Operations and its amendments;
Federal
Law No. (13) of 2007 on Goods Subject to Import and Export
Control
and its amendments;
Federal
Law No. (2) of 2008 concerning the Associations and Civil Institutions of Public
Interest;
Federal
Law No. (4) of 2012 on the Regulation of
Competition
;
Federal
Decree-Law No. (5) of 2012 on Combating IT Crimes and its
amendments
;
Federal
Law No. (2) of 2015 on Commercial Companies
and its amendments;
Federal
Law No. (8) of 2015 on the Federal Customs Authority;
Federal
Law No. (10) of 2015 on Food Safety;
Federal
Law No. (14) of 2016 on Violations and Administrative Penalties in the Federal
Government;
Federal
Law No. (19) of 2016 on Combating Commercial Fraud;
Federal
Law No. (10) of 2018 on Product Safety;
Federal
Law No. (8) of 2019 on Medical Products, the Pharmacy Profession and
Pharmaceutical Establishments; and Based on the documents submitted by the
Minister of Economy, the approval of the Council of Ministers and the Federal
National Council, and the ratification of the Federal Supreme Council,
Hereby
issue the following Law:
For
the purposes of the present Law, the following terms and expressions shall have
the meanings assigned against each of them, unless the context requires
otherwise:
State:
The United Arab Emirates.
Ministry:
The Ministry of Economy.
Minister:
The Minister of Economy.
Competent
Authority: The competent local authority in the concerned emirate entrusted with
implementing the provisions of this Law.
Relevant
Authorities: Federal or local government agencies concerned with the supervision
and control over the business of the Supplier in the sectors under their
supervision or control.
Committee:
The Supreme Committee for Consumer Protection.
Department:
The administrative unit concerned with Consumer protection affairs in the
Ministry.
Standard
Specifications: The mandatory standard specifications accredited by the Emirates
Authority for Standardization and Metrology in the State.
Consumer:
Every physical or juristic person who obtains a Good or Service - with or
without charge - to satisfy his personal needs or the needs of others, or for
which transactions or contracts are concluded therewith.
Supplier:
Every juristic person who provides the Service, or manufactures, distributes,
trades, sells, supplies, exports, imports a Good, or interferes in its
production, trading or storage with the aim of providing it to the Consumer or
entering into a transaction or a contract therewith in its regard.
Advertiser:
Every juristic person who, by itself or through others, advertises the Good,
Service or information by various means of advertising or announcement, whether
the Advertiser is the Supplier himself or a person authorised to do so.
Good:
Every natural, industrial, agricultural, animal, transformative, intellectual,
or technical product, including the raw materials of the substances and
components of the product.
Explanatory
Information: Identification cards or any information written, printed, drawn, or
engraved, indicating the components of the Good, its maintenance, storage, or
validity date.
Price:
The Price of sale or rent or use of the Good or Service, as the case may
be.
Service:
Anything provided to the Consumer, whether with or without consideration.
Defect:
A lack of quality, quantity, or efficiency, or a difference in the external
shape, size, or components of a Good or Service resulting from an error in its
design, manufacture, production, or provision to the Consumer, which may lead to
harm or deprive him, in whole or in part, of benefiting therefrom, provided that
the Defect has not resulted from the action of the Consumer.
Malfunction:
Everything that affects the Good after its production or the Service after its
provision, which may lead to harm the Consumer or deprive him in whole or in
part of benefiting therefrom, provided that the Malfunction has not resulted
from the action of the Consumer.
Commercial
Fraud: Deceiving the dealer in any way whatsoever, whether by altering or
changing the nature of the Goods, their quantity, gender, Price, essential
characteristic, origin, source, validity date, or any other matter related
thereto, or providing incorrect or misleading commercial data about the promoted
products. This includes fraud, counterfeiting, and deceiving the Service by not
being in compliance with the legislation in force in the State, or because it
contains false or misleading information.
Discounts:
Offering Goods for sale at reduced Prices or providing Services at lower Prices
during a specified period in any way whatsoever.
Promotion:
Marketing of Goods or Services by drawing prizes, distributing gifts, or
advertising Goods or Services through special offers or any other means.
Warranty:
A written or implicit acknowledgement made by the Supplier or his representative
that the Good or Service, subject-matter of the Warranty, is free from Defects
or Malfunctions and conforms to Standard Specifications and that he undertakes
to repair any Defect or Malfunction affecting the Good, replace the defective
Good or re-perform the Service, within a specified period of time.
After-Sales
Services: Taking care of the Good or Service to maintain its quality and this
includes spare parts, maintenance, and technical support.
Recall:
Withdrawal of the defective or hazardous Good through the Supplier or the
concerned authority or the Relevant Authority in the State, the country of
origin, or any other country.
Misleading
Advertisement: Advertising a Good or Service based on deceptive information or
omitting essential or basic information related to the Good or Service, which
affects the Consumer and leads him to enter into a contract that he would not
have entered into without that information. Announcing fake or unreal prizes or
Discounts shall be considered misleading advertising.
Invoice:
Any document sufficient on its own to prove the transaction or contract with the
Consumer regarding the Good or Service, provided that it includes the data
required by this Law or its Implementing Regulation.
Article
2- Objectives of the Law
This
Law aims to protect all Consumer rights, and in particular the following:
1-
The quality of the Good and the Service and obtaining them at the declared
Price.
2-
Preserving the health and safety of the Consumer when obtaining the Good or
receiving the Service, without harming him when using the Good or receiving the
Service.
3-
Encouraging healthy consumption patterns.
Article
3- Applicability of the Law
The
provisions of this Law shall apply to all Goods and Services within the State,
including free zones, and operations related thereto and carried out by the
Supplier, the Advertiser, or the commercial agent, as well as those carried out
by means of electronic commerce if the Supplier is registered inside the State,
without prejudice to international treaties and agreements to which the State is
a party.
Article
4- Consumer Rights
All
obligations established under this Law are considered rights of the Consumer,
including:
1-
Providing an appropriate and safe environment when purchasing a Good or
receiving a Service.
2-
Obtaining correct information about the Goods that he purchases, uses, or
consumes, or the Service he receives.
3-
Educating him and raising his awareness in respect of his rights and
obligations.
4-
Exercising his rights to choose the most appropriate product and Service
available in the market according to his wishes.
5-
Protecting the privacy and security of his data and not using it for promotional
and marketing purposes.
6-
Respecting his religious values, customs and traditions when providing him with
any Good or receiving any Service.
7-
Just and prompt settlement of his disputes.
8-
Obtaining fair compensation for damages incurred by him or his money as a result
of purchasing or using the Good or receiving the Service.
9-
All other rights stipulated by the legislation in force in the State.
Any
other rights may be added by a decision of the Council of Ministers.
Article
5- The Supreme Committee for Consumer Protection
The
text of Clause
(1)
of Article (5) was replaced by virtue of Article
(1)
of Federal Decree-Law No. 5 dated 08/08/2023 to read as follows:
1-
A committee under the name of “Supreme Committee for Consumer
Protection” shall be formed by a Cabinet decision based on the Minister's
proposal. Said Committee shall report to the Ministry and it shall be chaired by
the Minister and include a number of members. The decision shall determine the
Committee's competencies and rules of procedure.
2-
The Committee shall have the following competencies:
a-
To set the general consumer protection policies.
b-
To study the consumer protection reports referred thereto by the Department and
the Competent Authority and take all necessary decisions with regard thereto.
c-
To examine the obstacles facing the implementation of the law and propose a
mechanism to solve the same.
d-
To study the proposals and recommendations received by it with regard to the
consumer right protection and express opinion thereon.
e-
To set the consumer education plans and programs and raise awareness about the
consumer’s economic rights and obligations.
f-
To study the proposals of the Minister and issue recommendations with this
regard.
g-
To carry out any other competencies assigned thereto by the Cabinet.
Article
6- Coordination with the Relevant Authorities
1-
The Department shall coordinate with the Relevant Authorities to ensure the
protection of Consumer rights.
2-
The Department shall submit periodic reports to the Committee regarding
coordination between it and the Relevant Authorities.
3-
The Implementing Regulation of this Law shall determine the controls for
implementing the provisions of this article.
Obligations
of the Supplier, Advertiser, and Commercial Agent
Article
7- Explanatory Information
1-
The Supplier shall, upon offering the Good for sale, place the Explanatory
Information on its cover or package, or in a place where it is displayed in a
clear and legible manner, and he shall indicate the manner according to which it
shall be installed and used, in accordance with the Standard Specifications
legislation in force in the State.
2-
If the use of the Good is hazardous, the Supplier shall clearly state the same
according to what is specified by the Implementing Regulation of this Law.
Article
8- Price of Good and Service
1-
When offering the Good for sale, the Supplier shall clearly place the Price
thereon.
2-
When declaring the Prices of Goods and Services rendered by the Supplier,
advertisement thereof shall not be misleading.
3-
The Supplier shall provide the Consumer with a dated Invoice that includes his
trade name, address, type of Good, its Price and quantity, or the type of
Service, its Price and details, and any other data specified by the Implementing
Regulation of this Law.
4-
The Invoice shall be in Arabic, and the Supplier may add any other language he
specifies.
Article
9- Facing emergency circumstances
In
the event of a crisis, emergency circumstances, or unusual conditions in the
internal or external markets, the Minister may take all necessary measures to
protect and preserve the interest of Consumers from any harm, and he may issue a
decision specifying the selling Prices of any Good or
Goods
,
and all Suppliers in the State shall be bound by this decision.
Article
10- Obligation of the Supplier to implement the Warranty
1-
The Supplier shall implement all Warranties, provide the required spare parts
and maintenance, replace the Good, or refund its monetary value, and commit to
After-Sales Service as regards the sold Goods, within the specified time
limit.
2-
The Supplier shall guarantee the Service he provides and that it is free from
Defects and Malfunctions within a period of time commensurate with the nature of
that Service, otherwise he shall return the amount paid by the Consumer or a
part thereof, or he shall re-perform the Service properly.
3-
The Implementing Regulation of this Law shall determine the controls for
implementing the provisions of this article.
Article
11- Obligations of the Supplier of the Good and Service upon discovering the
Defect
In
the event that the Supplier discovers a Defect or danger in the Good or Service
that would harm the Consumer when using it or benefiting therefrom, the Supplier
shall immediately inform the Ministry or the Competent Authority of potential
damages and of the manner to prevent the same. Also, he shall immediately recall
the same and announce that such products are hazardous, as determined by the
Implementing Regulation of this Law.
Article
12- Malfunction of the Good or Service
In
the event that a Malfunction is found in the Good or Service, the Supplier shall
repair or replace the same, return the Good and refund its Price, or re-perform
the Service without charge, in accordance with what is specified by the
Implementing Regulation of this Law.
Article
13- Obligations to be fulfilled when the Malfunction recurs
If
the same Malfunction in the Good is repeated three (3) times during the first
year from the date on which the Consumer receives it in a way that substantially
affects the quality of the functional performance of the Good, the Supplier
shall replace it at no cost with a new one of the same type and specifications,
or recover it and refund its value to the Consumer, and that according to what
is specified by the Implementing Regulation of this Law.
Article
14- Provisions of After-Sales Service Warranty and Prices
The
Minister may issue decisions on the basis of which the terms and conditions of
the Warranty and the Prices of After-Sales Service are determined, as per the
type and nature of each Good or Service.
Article
15- Obligations of the Good Supplier
The
Supplier shall stipulate in the contracts concluded by him that he commits to
repair, undertake maintenance or After-Sales Service or to return, replace or
refund the Good within a specific time-limit from the appearance of the Defect
or Malfunction, in accordance with what is specified by the Implementing
Regulation of this Law.
Article
16- Commercial agencies
The
text of Article
(16)
was replaced by virtue of Article (1) of Federal Decree-Law No.5 dated
08/08/2023 to read as follows:
Subject
to the provisions of the legislation governing Commercial Agencies that are in
force in the State, the commercial agent or the distributor shall comply with
the following:
1-
Implementing all Warranties provided by the producer or the principal as regards
the Good or Service subject of the agency.
2-
Providing a similar Good for the Consumer to use without charge if the
implementation of the Warranties stipulated in clause (1) of this article
exceeds a period of (7) seven days, until those Warranties are
implemented.
3-
The agent shall be bound by all the obligations of the Supplier stipulated in
this Law in the event the Service or Good is provided through him.
Article
17- Incorrect description of the Good or Service
The
Advertiser, the Supplier and the commercial agent are prohibited from describing
the Good or Service in a manner that contains incorrect data and from making any
Misleading Advertisement in connection therewith.
Article
18- Licence for Promotion
The
Supplier is prohibited from promoting Goods or Services, or from making general
Price Discounts or advertising the same in any way whatsoever, except after
obtaining a prior licence from the Competent Authority.
Subject
to the provisions of the legislation in force in the State, the Supplier is
prohibited from concealing the Good, refraining from selling it, or from not
providing the Service to the Consumer, with the intention of controlling or
monopolizing the Price or forcing the Consumer to purchase certain quantities of
the Good or adding certain conditions to benefit from the Service or to buy
another Good or Service along therewith, or charging a Price higher than the
Price that was advertised, in accordance with what is specified by the
Implementing Regulation of this Law.
Article
20- Conformity of the Good with the approved Standard Specifications and public
health and safety rules
The
Supplier is obligated to ensure that the Good or Service conforms to the
Standard Specifications, conditions and controls related to health and safety
and the legislation in force in the relevant country.
Article
21- Prohibition of inclusion of a condition harmful to the Consumer
The
Supplier is prohibited from including any condition when contracting with the
Consumer that would harm the latter. Any condition provided for in the contract
or Invoice or otherwise that would exempt the Supplier from any of the
obligations stipulated in this Law shall be deemed null and void.
The
Implementing Regulation of this Law shall determine the controls of the
conditions that would prejudice the Consumer.
Protection
of Consumer Rights
Article
22- The Ministry's role in protecting Consumer rights
The
text of Article
(22)
was replaced by virtue of Article (1) of Federal Decree-Law No. 5 dated
08/08/2023 to read as follows:
1-
The Ministry shall oversee the implementation of the general policy for Consumer
protection in cooperation with the Competent Authorities, and in particular the
following:
a-
Educating the Consumer and raising his awareness as to whatever contributes to
protecting him from the risks of some Goods and Services, including e-commerce
Services.
b-
Publishing decisions and recommendations that contribute to increasing Consumer
awareness.
c-
Monitoring Price movement and working to limit its increase.
d-
Working to achieve the principle of competition, and combatting misleading
advertisements and monopoly.
e-
Receiving complaints from Consumers and the Consumer Protection Association, and
taking the necessary measures in regard thereof. The Implementing Regulation of
this Law shall put in place a system for receiving complaints, the necessary
procedures in regard thereof and the coordination between the Ministry and the
Competent Authority.
2-
A table of the administrative penalties and fines that the Ministry or the
Competent Authority – as the case may be - may impose on the Supplier
shall be issued by a Cabinet decision.
Article
23- Seeking assistance of experts and labs
Subject
to Federal Law No. (28) of 2001 and its amendments here above-mentioned, the
Ministry or the Competent Authority may, whenever the public interest requires
so or in the event of a dispute between the Supplier and the Consumer, request
the inspection of the Good or Service at laboratories, provided that the
Supplier bears the expense of the examination if the Goods are found to be
invalid.
The
Implementing Regulation of this Law shall determine the controls for
implementing the provisions of this article.
Article
24- The Consumer's right to claim compensation
1-
The Consumer shall have the right to claim compensation for personal or material
damages sustained by him as a result of using the Good or Service, in accordance
with the legislation in force in the State, and any agreement to the contrary
shall be null and void.
2-
Damages resulting from the product’s misuse or use contrary to the method
of use are excluded from the provisions of clause (1) of this article.
1-
Suppliers registered in the State and who work in the field of electronic
commerce shall provide Consumers and the Competent Authorities in the State with
their names, legal status, addresses and licensing bodies, as well as adequate
information in Arabic about the product or Service provided, its specifications,
and the terms of contract, payment, and Warranty, in accordance with what is
specified by the Implementing Regulation of this Law.
2-
The Ministry or the Competent Authority is not considered responsible for
electronic commerce operations that take place through Suppliers unlicensed
inside the State.
Article
26- Use of the Arabic language in statements, advertisements, and
contracts
The
data, advertisements, and contracts related to the Consumer shall be made in
Arabic, and other languages may be used in addition to
Arabic.
Article
27- Prohibition, administrative seizure, or withdrawal of Goods
Subject
to the legislation in force, the Minister or whomever he delegates and the
Competent Authority, in case of necessity or urgency upon receipt of information
or reports from competent authorities on a Good that is harmful or hazardous to
the Consumer, may issue a decision prohibiting its import or ordering its
administrative seizure or withdrawal from the market in the event of its
entry.
The
application of the penalties stipulated in this Law shall not prejudice any more
severe penalty stipulated in any other law.
A
penalty of imprisonment for a period not exceeding two years and a fine not less
than (10,000) ten thousand dirhams and not exceeding (2,000,000) two million
dirhams, or either of these two penalties, shall be imposed on anyone who
violates any of the provisions of Articles (7,10,11,12,15,16, 17,21) and the
provisions of clauses (1, 2 and 3) of Article (8) of this Law.
A
penalty of imprisonment for a period not exceeding six months and a fine not
less than (3,000) three thousand dirhams and not exceeding (200,000) two hundred
thousand dirhams, or either of these two penalties, shall be inflicted on
whoever violates any of the provisions of Articles (18,19,20,26) and the
provision of clause (4) of Article (8), of this Law.
The
penalty shall be doubled in the event of recidivism.
The
competent court, upon conviction for any of the crimes stipulated in this Law,
may rule the following:
1-
Confiscation or destruction the Good, materials and tools used, at the expense
of the convicted person.
2-
Closure of the shop or place where the crime occurred for a period not exceeding
three months.
3-
Publication of the conviction ruling at the expense of the convicted person in
two daily local newspapers, one of them in the Arabic language.
A
penalty of imprisonment for a period not exceeding two months and a fine
equivalent to twice the market value of the Goods and tools, or either of these
two penalties, shall be inflicted on whoever dispose illegally and in any way
whatsoever of the Goods and tools upon which the Competent Authority has
expressed any reservation.
Article
33- Adjustment of situation
The
Supplier, the commercial agent, and the Advertiser shall adjust their situation
in accordance with the provisions of this Law within one year from the date of
its entry into force, and this period may be extended to other similar periods
by a Cabinet decision upon the Minister’s proposal.
Article
34 - Judicial seizure
The
employees designated by a decision issued by the Minister of Justice in
agreement with the Minister or head of the Competent Authority, shall have the
capacity of judicial officers in proving any violation of the provisions of this
Law and its Implementing Regulation and the decisions issued in implementation
thereof, and that within the scope of their competence.
The
text of Article
(35)
was replaced by virtue of Article (1) of Federal Decree-Law No. 5 dated
08/08/2023 to read as follows:
Any
interested party may file a grievance in writing with the Minister or the head
of the Competent Authority – as the case may be- as regards the decisions
and measures taken against him under the provisions of this Law, within (15)
fifteen working days from the date of being notified of the grieved-against
decision or measure, provided that all supporting documents are attached
thereto. Said grievance shall be decided on within (30) thirty days from the
date of its filing, and the decision issued thereon shall be final. Failure to
respond thereto within the aforementioned period shall be considered a rejection
thereof.
Article
36- Implementing Regulation
Based
on the Minister’s proposal, the Council of Ministers shall issue the
Implementing Regulation of this Law within six months from the date of its
publication
.
1-
Federal Law No. (24) of
2006
mentioned here above shall be abrogated, as well as any provision that
contradicts or conflicts with the provisions of this Law.
2-
The regulations and decisions issued in implementation of Federal Law No. (24)
of 2006 shall remain applicable, as long as they do not conflict with the
provisions of this Law, until the issuance of the regulations and decisions that
replace them.
Article
38- Publication and entry into force of the Law
This
Law shall be published in the Official Gazette and shall come into force as of
the day following the date of its publication.
Issued
by us at the Presidential
Palace in Abu Dhabi:
On: 10 / November /
2020
Corresponding to 24 Rabi’ al-Awwal 1442 H.
Khalifa bin
Zayed Al Nahyan
President of the
United Arab Emirates
The present Federal Law was published in the
Official Gazette, issue No. 690 (Appendix), p. 37.