Update of Law No. 9 of 2022: new provisions for Digital Services in the Emirate of Dubai

In March 2022, the Dubai government announced a series of new provisions for its Digital Services titled “Dubai Law No 9/2022 on the Regulation of Digital Services Provided in the Emirate of Dubai”. The aim is to accelerate its digital transformation, create accessibility for all Customers and maintain pace with the digital world. As the title suggests, this Law applies to Dubai, and no other Emirate.

The Competent Authority for this Law are the General Secretariat (General Secretariat of the Executive Council), the Authority (Dubai Digital Authority) and the Centre (Dubai Electronic Security Centre).

It is expected that the Law aims will help promote confidence throughout the spectrum of Digital Services in Dubai and implement a mandatory interface of Digital Services in both the private sector and public sector.

Applicability

Special Development Zones, as well as the Free Zones, including the Dubai International Financial Centre (DIFC) are no exception to the application of the provisions. The provisions of this law also apply to the following categories: Government entities, judicial authority, non-government entities and Customers. The categories mentioned, except for the Customer, shall provide current and future Digital services to the customers. The stages of application of this law to the categories mentioned shall be determined based on the recommendation of the Authority. This may only be permitted by a decision of the Chairman of the Executive Council. Such decisions include:

• The Digital Services and entities concerned in every stage.
• The control and rules of application of every stage.
• The controls and rules of application of every stage.

As for the entities providing Digital Services, some of the main rules which must be taken into consideration are, but not limited to:

• Plans approved by the Authority to provide Digital Services.
• Conditions and procedures for providing Digital Services.
• Enabling the Customers access to the Digital Channels and get Digital Services, as well as providing them necessary technical support in this regard.
• Requirements and standards approved at the Centre regarding cybersecurity.
• Applications of the policies related to cybersecurity and business continuity in case of any malfunction occurs to the provided Digital Service.
• Allowing the Customer to give their feedback and evaluation based off their experience with the Digital Service.
• The Digital Service must be provided in at least both Arabic and English.
• Digital Services must be accommodating to all customers, including those with disabilities who are not able to use Digital Channels. This must be done at no extra cost.

There are a few obligations and responsibilities which the customer must, under liability, abide by. They are the following:

• Update of their data when using a Digital Service in the cases where the delivery of such service so requires.
• Abide by the controls and conditions determined by the entity providing the Digital Service and approved by the Competent Authority.

Furthermore, the entity providing the Digital Service shall not bear any responsibility towards the Customer or third parties due to a damage. The Customer will be held liable. The customer shall solely be held liable on the civil, penal, and administrative levels, whenever necessary, for every damage resulting from such breach.

This could mean a drastic shift in how businesses in Dubai operate. Though it may take some time for businesses to adopt and implement these changes, they bridge the gap between a business and the inevitable takeover of consumerism through digital services.

For more details, please contact:

Raka Roy Partner raka@galadarilaw.com