Using the word “hacking” for the first time in the law
The new Decree by Federal Law No. 34 of 2021 (“Cybercrimes Law”) has repealed the previous pertinent legislation, which was Decree of Federal Law No. 5 of 2012 against cybercrimes. Below are some of the key changes to take note of:
Title 1 - Crimes and Penalties - Chapter 1 - IT Offences - Damage to Information Systems.
1. A minimum of one year's imprisonment and a fine of at least 500,000 dirhams and not more than 3,000,000 dirhams shall be punishable by imprisonment, or one of these penalties, anyone who deliberately caused damage, destruction, suspension or disruption of a website, electronic information system, an information network or information technology.
2. The penalty is temporary imprisonment and a fine of at least 500,000 dirhams and not more than 3,000,000 dirhams if the damage was inflicted on a banking, media, health or scientific body, or if the purpose is to achieve an illegal order or the crime occurred as a result of an electronic attack.
Title one Article 5 -Banking, Medical, Media and Scientific Institutions- Brief for the reader
A penalty of imprisonment term (not less than a year) and/or a fine ranging between AED 500,000 up to AED 3 million applies to anyone who:
•deliberately disables suspends damage cause harm to an electronic system, website or tool as defined in the Cybercrimes Law.
An aggravation of the penalty applies if the damages/harm affects a banking, medical, media or scientific institution, the penalty will increase. In such circumstances, the imprisonment increases to a minimum of 3 years with a maximum sentence of 15 years.
Elaborative Provisions & Enhanced Structure & using direct words of common use.
Drastic alterations can be seen in terms of re-ordering the relevant provisions and restructuring them. Many new additions have also been made to the legislation. which is easy in terms of further elaboration and clarity of similar counterparts from the previous legislation.
For example, unauthorized access to websites and electronic platforms was clarified by making a direct reference to the word “hacking” (Title 1 Article 3) in the new provision – a term that is more common and known in the cyber world.
Fabrication of Mail, Websites and False Electronic Accounts
Title 1 - Crimes and Penalties - Chapter 1 - IT Crimes –
1. An imprisonment and a fine of 50,000 dirhams and not more than 200,000 dirhams, or one of these penalties, and falsely attributed to a natural or legal person.
2. The penalty is imprisonment for a minimum of (2) years, if the offender or other use of the account, mail or artificial locations used in an order that offends the one who made it.
3. The penalty is imprisonment of not more than (5) five years and a fine of at least (200,000) two hundred thousand dirhams and not more than (2,000,000) two million dirhams if the crime occurs by fabricating a site, account or e-mail to a state institution.
Title 1 article 11 Impersonating others for Fabrication of Mail, Websites and False Electronic Accounts- Brief for the reader
A key provision has been introduced to inscribe the instances of creating false electronic emails, (E-mail ) websites or accounts (Social media ) to imitate (Similar name to confuse the buyer, for example, the Real bakery was La Barouche Someone makes ID of LA birchy with the same color scheme as well) an individual or a corporate entity.
Therefore, Article 11 of the Cybercrimes Law imposes an imprisonment penalty and/or a fine not less than AED 50,000 up to AED 200,000 on whoever creates an email, website or electronic account and falsely attributes it to another. The penalty of imprisonment would be 2 years if the email, website or electronic account was used in a manner that harms the victim (being the real
individual or corporate entity).
Below are examples of the new elaborated separate articles /sub-provisions addressing specific crimes:
An imprisonment and fine of (20,000) twenty thousand dirhams and not more than (500,000) five hundred dirhams, or one of these penalties, shall be punishable by (50,000) fifty thousand dirhams, or one of these penalties, anyone who committed through the information network, an IT tool or a website, one of the following acts:
1.Promote a commodity or service through a misleading ad or method that contains incorrect data.
2.Advertising, promoting, mediating or dealing in any way or encouraging the transaction of a virtual currency, digital currency, stored value unit or any payment unit that is not officially recognized in the country or without a license from the competent authority.
Cryptocurrency and similar currency (Brief for the reader): for promoting or encouraging in any manner the use of cryptocurrency or similar currency that is not recognized in the UAE or without obtaining prior approval from the competent authority.
Title 1 - Crimes and Penalties - Chapter II - Content Crimes, Spreading Rumors and Fake News - Section II - Crimes of Spreading Rumors and Fake News - Getting a Gift for Spreading Illegal Content or False Statements
A temporary prison sentence and a fine of not more than 2,000,000,000 dirhams shall be punishable by 2 million dirhams, anyone who requests, accepts or takes directly or indirectly a gift or material or moral benefit, or promises it, whether within or outside the state, in exchange for the publication or republishing of illegal content or any false data in the country using an IT method and is sentenced to the confiscation of gift or material benefit obtained or by a fine equal to the value of what was requested, offered or offered or Accept it if it can't be adjusted.
Anyone who manages or supervises the operation of an abusive account or website, rented or purchased advertising space on it shall be punished with the same penalty.
The competent authorities may consider a website or account to be offensive if they have verified that they have repeatedly published false data or illegal content.
Consumer Protection Title 1 Article 48
Title 1 - Crimes and Penalties - Chapter II - Content Crimes, Spreading Rumors and Fake News - Section 1 - Content Crimes - Advertising or Misleading Consumer Promotion
Bribery Getting a Gift for Spreading Illegal Content or False Statements - Brief for the reader:
for whoever requests, accepts or takes a benefit in return for publishing illegal or false content.
An imprisonment and a fine of 20,000 dirhams and not more than 500,000 dirhams, or one of these penalties, anyone who committed through the information network, an IT tool or a website, one of the following acts:
Promote a commodity or service through a misleading ad or method that contains incorrect data.
Advertising, promoting, mediating or dealing in any way or encouraging the transaction of a virtual currency, digital currency, stored value unit or any payment unit that is not officially recognized in the country or without a license from the competent authority.
Consumer Protection- Brief for the reader: for promoting services or products through deceitful advertisement or incorrect information
Title 1 - Crimes and Penalties - Chapter II - Content Crimes, Spreading Rumors and Fake News - Section 1 - Content Crimes - Promotion of Medical Products Without Authorization
Anyone who has created, managed or supervised a website or posted information on the information network, or by any means of information technology to promote or sell medical products that are not licensed in the State or imitated to licensed medical products, shall be punished with imprisonment and a fine, or by one of these penalties.
Article 49 – Medical Products – Brief for the read: for promoting or sale of medical products that are not licensed or counterfeit medical products.
Breaching Applicable Media Standards: for content not in line with approved media standards.
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