Overview of UAE Data Privacy Laws and Use of Facial Recognition Technology

Facial recognition technology is one of the rapidly expanding in the United Arab Emirates, especially in security, retail, and customer service. On the other hand, such technologies raise key questions about privacy and legality. This blog will cover a few of the frequently asked questions a business may have when using the technology, with a current summary of the data privacy legislation in the United Arab Emirates.

 

Q1. What are the main UAE laws and regulations in relation to data privacy and the use of FRT regarding consent and data storage?
The Federal Decree Law No. 45 of 2021 Concerning the Protection of Personal Data, or PDPL, basically sets the main legislation and came into effect on January 2, 2022. However, the Executive Regulations seem not to be issued yet, including certain data needed for compliance, and therefore are likely to hold up the overall implementation process.
The PDPL sets general principles of how personal data is processed, and to this effect, the following shall be observed:
• Consent: A data subject, in the absence of any exceptions that shall be specifically provided for, should always provide explicit consent to process their personal data, including face-recognizing information. This exemption is provided under Article 4.

• Storage: Storage of the data must be secured. Once the Executive Regulations are out, specific details on storage will be provided.

 

Q2: What is the position of the law with respect to the protection of biometric data, and is there any mandate on solutions for storage locally or on the cloud?
The PDPL prescribes general criteria on how to securely store biometric data, including facial recognition. Some key concepts are:
• Technical and Organizational Measures: The controller shall adopt the necessary measures to ensure availability, confidentiality, and integrity of the personal data in accordance with Article 20.
• Procedure for Local or Cloud Storage: Details concerning cloud storage have not been issued by the Executive Regulations; in any case, whichever form of storage is used—whether local or through the cloud—it should ultimately address the legal requirements for security.

 

Q3: What is the law and regulation that governs the export of biometric data outside of the United Arab Emirates, and what to do in order to render any exports compliant?
Article 22 of the PDPL prohibits any transfer of personal data, including biometric data, outside the United Arab Emirates unless the recipient country provides adequate protection for the rights of data subjects. Article 23 does provide an exception to this general rule in the following:
• Contractual Protections: An agreement to apply the provisions of the PDPL between the receiving and sending entities regarding the information.
• Explicit Consent: The data subject has explicitly consented to the transfer.

• Contractual Necessity: the transfer is necessary for the performance of the contract between the controller and the data subject.

The Executive Regulations, anticipated shortly, will provide additional clarity regarding the cross-border transfer of personal data.

 

Q4: What is considered consent from a consumer, and what is our responsibility to ensure this is clear and to make them aware of how their data is used?

The PDPL sets a high bar for any processing of personal data, given that it requires informed, unambiguous, and affirmative consent.
• Clear and Explicit Consent: The process of consent should be intelligible, and the purpose for information collection must be clearly identified. Here, the source is a clear request with clearly defined objectives regarding the collection.

• Right to Withdraw Consent: Consent must be able to be withdrawn at any point in the process with ease.
• Exemptions from Consent: Consent is not required for archive purposes or for scientific, historical, or statistical research, provided the laws in existence are adhered to. Information providers have numerous rights, including the right to object to data processing and the right to erasure of personal information when consent is withdrawn.

 

Q5: How might we mitigate most legal issues surrounding face recognition? What are some potential risks?
Facial recognition technology presents a few legal pitfalls; it is mainly related to the violation of data privacy and sensitive treatment of biometric data. For businesses, one needs to address this in terms of mitigating risk by:
• Impact Assessments: Impact assessments on data protection shall be required where either automated data processing or processing of sensitive personal data, such as facial recognition, by a controller or processor forms part of the business model on a large scale. It involves looking at whether the processing of the relevant data is necessary and fair, listing any risks that might come up because of the processing, and suggesting ways to get rid of those risks (Article 21).
• Data Protection Officer: In light of but not limited to volume and sensitivity, Article 10 necessitates an organization to designate a Data Protection Officer (DPO) to ensure legality.

• Compliance with Copyright Law: It is pertinent also to refer to Federal Decree-Law No. 38 of 2021 on Copyright and Neighboring Rights, which prohibits taking pictures or recording a person without the permission of the subject thereof. Hence, consent is required under Article 45 before collecting biometric data.

 

This blog provides a clear and detailed overview of the key legal considerations surrounding facial recognition technology in the UAE. Businesses need to get ready for changes that are going to come and make sure their systems are adaptable to needs that may arise in the future, as the Executive Regulations have not been issued yet. If you need further guidance or have any specific legal queries, please feel free to reach out to us for a consultation.

How to Navigate a Dubai Real Estate Transaction: Common Legal Mistakes and Key Considerations

At LY Lawyers, we are conscious of how thrilling yet intellectually complicated a Dubai real estate transaction may be. Whether you are purchasing, selling, or investing, you will have to consider several legalities. Below, we highlight some common legal mistakes, key differences in Dubai’s property law, and some important considerations for any party involved in a real estate transaction.


1. Common Legal Mistakes in Real Estate Transactions
For Buyers:
Most buyers enter into real estate transactions without exercising due diligence on the transaction. This is in the form of checking on the reputation of the developer, applying for liens or disputes on the property, and verifying project approvals. The other common problem occurs when one signs incomplete documents or issues deposit cheques prematurely.
Thirdly, there is also an undue reliance by buyers on representations made by real estate agents or developers. For instance, handover and completion dates are taken on the surface without prompting critical questions such as whether the property is mortgaged or if there are multiple owners.
Buyers often attempt to handle legal matters themselves, from document preparation through property inspection, as if they knew better than the professionals. These frequent “do-it-yourself” lawyering often leaves open many of the legal details and possible legal perils. The simple rule is to seek appropriate professional advice in all legal matters and make sure one knows what financial commitment is being made.

For Sellers:
The common mistake of the seller is to rely entirely upon agents without working directly with the buyer to understand what exactly he needs. Delays in delivering within the agreed timeline or completing some documents could lead to disputes, particularly over deposits, which, at times, are retained by brokers. Secondly, many sellers do not understand the related legal obligations, such as the penalties applied to early mortgage settlements or the transferring requirements.


2. Key Differences in Dubai’s Property Law in Regards to Foreign Ownership
In fact, Dubai is generally one of the most foreign-investor-friendly cities in the UAE, with freehold areas around, specially designed to be sold to foreigners. Nevertheless, not all Dubai areas are classified as freehold. The older districts in Dubai, such as Jumeirah and pieces of “Old Dubai,” may not be available for foreign ownership. In turn, other emirates offer fewer freehold areas, thus less number of possibilities foreign investment could have.
Another privilege entitled to the foreign property investors under the Golden Visa program in Dubai is being accorded a long-term visa when buying property valued at more than AED 2 million. Visa options exist for properties worth from AED 700,000 to AED 2 million, but for a shorter term. Other specific laws an investor should be aware of are those providing for property ownership in special jurisdictions like the DIFC and ADGM.


3. Legal Considerations for Off-Plan Purchases
Off-plan is popular in Dubai, but it comes with its separate legalities. The buyer should ensure the developer is fully registered with the RERA and that the project is registered. Payments to be made into a dedicated escrow account for the project protect your investment.
The payment scheme, the time schedule of the construction and all other terms and conditions in the sales agreement must be clearly known. The buyers should maintain all records, receipts and invoices, as well as correspondence with the developer. Some special care of property specifications, such as hotel apartments or exclusive management agreements, is especial object of attention for off-plan buyers.

 

4. Protections for Developers – Recourse for Buyers
Developers in Dubai have to meet very strict requirements in terms of licensure by proving experience, financial stability, and ownership or control of the project land. Developers must also maintain escrow accounts in order to ensure that funds allocated for any given project are used for construction purposes only.
On the other side, buyers enjoy considerable legal protection. From the regulatory perspective, Dubai’s property laws are channelled through RERA and the Dubai Land Department, DLD, which provide several remedies for buyers in case the developer either delays completion or, worse, fails to deliver. Buyers can refer to established legal precedents and even block properties during disputes.
In case a developer defaults or breaches the contract, buyers also have the right to complain to RERA and take legal action against developers. In this way, buyers’ investments are protected by knowing options may be availed of.


5. New Legal Regulations in 2024
The year 2024 brought some new regulations to Dubai aimed at bringing further transparency and compliance into the real estate sector. Among these are:
• Tighter AML laws, which shine more scrutiny on brokers and agents.
• Stricter regulations on cold calling and advertising real estate to ensure better quality marketing.
• Greater utilization of blockchain technology to ease transactions and reduce the possibility of fraud.
These changes in legislation head toward a more secure and transparent real estate market for buyers, sellers, and investors.

 

6. Legal Action if Something Goes Wrong
Real estate dealings may not always go the way one would wish. If there is a dispute, much will depend on the exact conditions of the contract and the nature of the parties. Often, such disputes can be resolved with mutual agreement, but when that avenue does not work, buyers and sellers have to resort to taking legal action. The Dubai courts have been very efficient in dealing with cases related to real estate, which in turn are well-supported by established legal precedents.
The DLD can also be approached for mediation by the buyers and sellers, although the success rate is not that sure and depends on the seriousness of the agreement between both parties.


7. Protection Against Fraudulent Transactions
It is one of the most regulated real estate markets, where frauds are minimal, especially for buyers dealing with registered developers and where the transaction of the sale is conducted through escrow accounts. There may also be other payment plans, like crypto wallets through unregulated intermediaries; those are pretty much fraught with increased risk of fraud. The purchase of a property should be made through secure and transparent channels in order to avoid being targeted by scams.


8. Influence of Digitalization and Blockchain on Real Estate Law
In the digitalization of the Dubai real estate market, from its basic concept to the latest, blockchain technology is one of the new features that revolutionize the way in which transactions are conducted. Using blockchain provides increased visibility and hence much faster transaction times with the permanent non-editable records of property transactions involved. A few Dubai developers have also started to accept cryptocurrency for buying property, although the use of this medium of exchange remains evolving and its future regulation yet to be decided on.


Conclusion: How to Make a Safe and Legally Sound Transaction
Real estate transaction is one of the major financial commitments a person can make. Either in buying or selling, it is best to be well-informed, cautioned, and advised by legal experts to avoid common pitfalls and protect the investment.


LY Lawyers provides full legal support on all issues related to real estate transactions in Dubai, starting from due diligence and ending with dispute resolution. If you have any questions or need legal advice, please don’t hesitate to contact us. Be assured that our professional team will confidently lead you through even the most complicated issues that may arise in Dubai’s real estate market.

The UAE’s New Legal Landscape for IVF and Assisted Reproduction: Key Changes and Opportunities

In a significant step toward modernizing reproductive healthcare, the UAE has recently amended its laws governing assisted reproduction. The new legislation, Federal Decree Law No. 17 of 2023 (“Amended Medically Assisted Reproduction Law”), issued on September 15, 2023, brings notable changes to the previous Federal Law No. 7 of 2019.

What Are the Major Changes?

  1. Broader Access for Couples:
    • The amended law introduces more flexibility, allowing unmarried non-Muslim couples to undergo medically assisted reproduction, such as IVF. This is a major shift from the previous requirement, which restricted these techniques to married couples only. Now, non-Muslim couples no longer need to provide a marriage certificate; instead, they must submit a declaration outlining the child’s parentage, which requires approval from the relevant authority in the parent’s country of nationality.
  2. Changes in Regulations on Reproductive Material:
    • The amendment has removed prohibitions on the use of eggs and sperm, and it now permits the import and export of sperm and egg samples. This development opens up more opportunities for couples seeking assisted reproduction and allows for international collaboration in this field.
    • However, the law still prohibits the use of anonymous sperm or egg donors.
  3. Surrogacy:
    • Notably, the amendment removes the previous prohibition on surrogacy practices. While there is no new specific regulation on surrogacy, the removal of certain clauses from the original law can be interpreted as its legalization. This change represents a more open stance on reproductive options.
  4. Flexibility in Licensing and Regulation:
    • The new law grants each emirate the authority to regulate reproductive practices through local legislation, providing flexibility for regional governance. If no local legislation exists, the regulations outlined in the Medically Assisted Reproduction Law will continue to apply. The amendment also allows local health authorities to approve new reproductive techniques, suggesting potential future innovations in the field.
  5. New Guidelines for Assisted Reproduction Procedures:
    • Reproductive centers must now follow revised requirements to ensure that medically assisted reproduction is the most suitable option after other methods have been unsuccessful. This includes obtaining official documentation, consent from both parties, a certificate indicating no health risks, and a detailed explanation of the procedure and its implications to the couple.

Key Takeaways:

  • More Inclusive Access: Unmarried non-Muslim couples can now access IVF and other assisted reproductive techniques.
  • New Opportunities for Reproductive Services: The removal of restrictions on sperm and egg import/export and the potential legalization of surrogacy present new avenues for medical professionals and patients alike.
  • Potential for Innovation: The amendments open the door for more innovative techniques, guided by flexible licensing regulations and local authority discretion.

What Does This Mean for You?

If you or someone you know is considering assisted reproduction in the UAE, these changes could significantly impact your options. Our law firm is here to guide you through the new legal landscape and help you understand how these changes could affect your family planning journey.

Tune in to Our Podcast Episode: For a deeper dive into these legal changes and what they mean for you, check out our latest podcast episode of LAWGICAL with Ludmila on UAE’s New In Vitro Fertilization Laws. Listen now for expert insights and guidance from our experienced legal team!

For more information or to discuss your specific case, feel free to contact us. Our experts are here to assist you with personalized legal advice tailored to your needs.

The New UAE Visa Amnesty Program: A Comprehensive Guide

Introduction

The UAE has recently announced an unprecedented Visa Amnesty Program aimed at providing relief to those who have overstayed their visas or violated immigration laws. This program offers a chance to clear your immigration record without facing hefty fines or legal penalties. Here’s everything you need to know to take advantage of this limited-time opportunity.

Key Details of the Amnesty Program

Starting from September 1, 2024, and running until October 31, 2024, the Visa Amnesty Program applies to four main categories:

  1. Residence Violators: Those who have overstayed their visas.
  2. Visa Violators: Individuals who have breached visa rules.
  3. Absconders: People reported as absconded by their employers or sponsors.
  4. Foreigners Born in the UAE Without Proper Documentation: Individuals who were born in the UAE but never obtained a residency visa.

However, this amnesty does not cover:

  • New Violators: Individuals who default after September 1, 2024.
  • Those with a Deportation Order: People who have a deportation decision issued against them.

How Does the Amnesty Program Work?

The amnesty program allows eligible individuals to clear their immigration records without paying any fines. Once their status is regularized, they have two options:

  1. Leave the UAE: Depart without a travel ban, meaning they can return in the future.
  2. Stay in the UAE: Apply for a new residence status and remain in the country legally.

Specific Provisions for Different Categories

  • For Foreigners Born in the UAE Without Papers: Individuals who never obtained a residency visa and have accrued substantial fines since birth can now clear their records without financial penalties. They can either leave the UAE without a travel ban or apply for a residency visa under the sponsorship of a family member or guarantor.
  • For Employees with Residency Violations: The Ministry of Human Resources and Emiratization (MOHRE) handles cases for both private sector and domestic employees. This includes lifting abscondment complaints and processing work permits. Employees can either exit the country on an exit document without a travel ban or apply for a new residence visa to stay legally.

How to Apply for the Amnesty Program?

Eligible individuals can apply through multiple channels:

  1. Online Platforms:
  1. Service Centers: Visit the ICP or MOHRE centers, specific business service centers, or domestic workers service centers across the UAE.
  2. E-Channels: Utilize the various e-channels and mobile apps provided by ICP and MOHRE.

For those who have not registered their biometric data, fingerprinting is a requirement and can be completed at designated centers. For a list of approved fingerprinting centers, please visit the ICP website.

Why Act Now?

This program is a unique opportunity for many to regularize their status, free from any financial or legal consequences. It’s accessible for only two months, so those eligible should act quickly to benefit from the program’s provisions.

Conclusion

The UAE’s Visa Amnesty Program represents a comprehensive and compassionate approach to resolving immigration issues for thousands of individuals. This is a full amnesty, meaning that all fines are waived, and there are no risks of jail time or deportation for those who qualify and apply within the stipulated period.

Applicants should feel confident and unafraid to come forward and regularize their status. The program is designed to facilitate a smooth and efficient resolution, enabling people to either return to their home countries without any travel restrictions or to stay in the UAE legally by obtaining a new residence visa.

This amnesty program is not just an opportunity—it’s a second chance to clear your record, live without fear of legal repercussions, and regain your freedom, whether that means returning home or continuing your life in the UAE. So, if you are eligible, don’t hesitate. Take advantage of this unique and generous initiative before it ends on October 31, 2024.

Remember, the goal of this program is to provide a fresh start without any negative consequences. Make sure to act promptly and secure your future today!

Births Outside of Hospitals in the UAE – Legal Procedures and Implications

Q: What is the legal framework governing births in the UAE, especially those that occur outside of hospitals?

A: The legal framework for registering births in the UAE is governed by the Federal Decree-Law No. 10 of 2022 concerning the Registration of Births and Deaths. This law sets out the procedures for registering births, whether they occur within or outside health facilities. The key aim is to ensure that all births are documented accurately and in a timely manner.

 

Q: What are the procedures if a birth occurs outside a health facility?

A: If a birth occurs outside a health facility without medical supervision, the law mandates that the birth must be reported to the nearest health facility within 30 days. The reporting can be done by various individuals in a specific order of priority: the child’s father, if present, or the mother; the person in charge of family affairs if the father is absent or deceased; adult relatives up to the fourth degree who attended the birth; or any other person who attended the birth or was appointed by one of the newborn’s parents.

 

Q: What happens once the birth is reported to a health facility?

A: The health facility is required to examine the mother and the newborn and notify the Concerned Department within 72 hours of issuing the birth report. If the health facility is notified after the 30-day period, they must prepare a medical report on the case, and the concerned person must submit a request to the Health Authority, which will then refer the case to a Committee to take appropriate action.

 

Q: Can you tell us more about the Birth and Death Committee?

A: The law establishes a “Birth and Death Committee” within each Health Authority. This Committee is responsible for reviewing cases that fall outside the standard reporting periods or involve complications. They ensure all legal and medical standards are met before approving the registration of the birth.

 

Q: Are there specific requirements for the information that must be included in the birth notification?

A: Yes, the birth notification must include several key pieces of information: the day of birth (both Hijri and Gregorian dates), time and place of birth, the sex of the newborn, the newborn’s name (if specified), the full names of the parents, their dates of birth, nationality, religion or belief, and their identification documents. This information ensures that the birth is recorded accurately and in accordance with the law.

 

Q: Is there a requirement for the parents to be married for the birth to be registered?

A: The law does not explicitly require the parents to be married for the birth to be registered. However, to obtain a birth certificate, certain documentation is required, such as a birth notification and identification documents. If the parents are married, a marriage certificate or an acknowledgment of parentage legalized by the relevant authorities can be submitted. If such documentation is not available, the birth can still be reported and registered, but the process may involve additional steps, including potentially obtaining a judicial order to resolve issues of parentage.

 

Q: What does this law mean for home births specifically?

A: For home births, this law provides a clear framework to ensure that these births are also properly registered. If a birth occurs at home without medical supervision, it is crucial for the birth to be reported to the nearest health facility within 30 days. This requirement helps to ensure that all births, regardless of location, are documented and that the necessary medical examinations and legal procedures are followed. This framework helps address concerns about the legal recognition of home births and ensures that both the mother and the newborn receive appropriate medical care and legal documentation.

 

Q: There are many children who were born before laws decriminalized births out of wedlock and, as a result, do not have birth certificates. What can they do?

A: For individuals who were born before the decriminalization of out-of-wedlock births and do not have birth certificates, they can now seek to obtain these documents through the legal framework provided by the new law. The process may involve applying to the Concerned Department, providing evidence of birth, and potentially undergoing a review by the Birth and Death Committee. It may also require a judicial order to establish parentage or resolve any legal issues related to the lack of documentation.

 

Q: What are the penalties for non-compliance with this law, both for historical cases and for new births?

A: The law specifies several penalties for non-compliance. For not reporting a birth on the scheduled date, the penalty is a fine not exceeding 5,000 dirhams. For not reporting a death intentionally or covering it up, the penalty is a fine not exceeding 15,000 dirhams. Additionally, anyone who intentionally registers a living newborn, dead newborn, or deceased child more than once will face a fine not exceeding 15,000 dirhams and the duplicate registration will be canceled. For providing incorrect data, making unauthorized changes, or causing the destruction or loss of records, the penalties include imprisonment for at least one year and a fine ranging from 100,000 to 500,000 dirhams.

 

Q: Has the medical committee already been formed? And if so, under what authority will it sit?

A: The formation of these Committees is mandated by the law, and they operate under the authority of the respective Health Authorities in each emirate. The specific powers and operational standards of these Committees are determined by resolutions issued by the Minister of Health and Prevention, in coordination with the Health Authorities.

 

Q: Could you provide some real-life examples of how these procedures are applied?

A: Certainly. For example, consider a case where a birth occurs at home without medical supervision. The father reports the birth to the nearest health facility within the 30-day period. The health facility examines the mother and child, issues a birth report, and notifies the Concerned Department. The birth is then registered, and a birth certificate is issued. In another scenario, if the report is made after 30 days, the health facility would prepare a medical report, and the case would be referred to the Birth and Death Committee for further action.

 

Q: Are there any criticisms or challenges related to these procedures?

A: Some criticisms revolve around the stringent documentation requirements, which can be challenging in cases of undocumented births or where the parents lack proper identification. Additionally, the need for judicial orders in complex cases can prolong the registration process. However, the procedures are in place to ensure accuracy and legal compliance, safeguarding the rights of all parties involved.

 

Q: Do you think this law might encourage more home births, and what does it mean for women who may want to give birth at home?

A: This law could potentially encourage more home births by providing a clear legal framework for their registration. For women who prefer home births, this means that they can have their births recognized and documented legally, ensuring their child receives a birth certificate. The law ensures that home births are registered, provided they are reported in a timely manner and the necessary medical examinations are conducted. This can offer peace of mind to parents who choose home births, knowing that their child’s birth will be legally acknowledged and documented.

 

Q: In conclusion, what are the key points regarding this law and its implications for births outside hospitals in the UAE?

A: To summarize:

  1. Legal Framework. Births in the UAE are governed by Federal Decree-Law No. 10 of 2022 concerning the Registration of Births and Deaths.
  2. Reporting Requirements. Births outside health facilities must be reported to the nearest health facility within 30 days.
  3. Committee Review. The Birth and Death Committees within each Health Authority review and approve registrations in complex cases.
  4. Accurate documentation is required to ensure proper registration and issuance of birth certificates.
  5. Marital Status. While the law does not explicitly require the parents to be married, certain documentation, such as a marriage certificate or acknowledgment of parentage, may be needed to obtain a birth certificate.
  6. Home Births. The law provides a clear framework for the registration of home births, ensuring proper documentation and medical care.
  7. Children without Birth Certificates. Individuals born before the decriminalization of out-of-wedlock births can now seek to obtain birth certificates through the new legal framework.
  8. Non-compliance with the law can result in fines and other penalties, including imprisonment for severe violations.
  9. Encouragement of Home Births. The law could encourage more home births by providing a clear registration process, ensuring legal recognition and documentation.

 

By understanding these key points, individuals can better navigate the legal landscape regarding births outside of hospitals in the UAE, ensuring compliance and proper documentation. If you have any further questions or need legal assistance, please do not hesitate to contact us.