Tim Elliott
Welcome to Lawgical, the first regular podcast navigating legal processes in the UAE. I’m Tim Elliott, and in today’s podcast, we’re discussing the “I” word: influencers. Specifically, we’ll delve into the regulations and licensing of social media influencers in Abu Dhabi, the capital of the UAE. With me is Ludmila Yamalova, managing partner of the Dubai-based legal firm HPL Yamalova & Plewka. It’s always good to chat with you, Ludmila.
Ludmila Yamalova
It’s great to be chatting with you too, Tim, and thanks for having me as always.
Tim Elliott
Can we start with the basics? How would you define “influencer” in a social media context?
Ludmila Yamalova
An influencer is typically someone who can affect the purchasing decisions of others because of their authority, knowledge, position, or relationship with their audience. They usually have a significant following in a specific niche and actively engage with their audience on social media.
Tim Elliott
That’s helpful. Over the past few years, even since we’ve been making Lawgical, you’ve become known as the TikTok lawyer. Would you consider yourself an influencer?
Ludmila Yamalova
That’s an interesting question, Tim. While I do have a significant presence on social media, particularly on TikTok, my primary role is that of a lawyer. The key difference lies in the intent and content of my posts. My goal is to educate and provide valuable legal information to the public, not to promote products or lifestyle choices, which is often associated with traditional influencers.
Additionally, as a California lawyer, I’m bound by stringent regulations that prohibit promoting products or services not based on my professional expertise. Lawyers are subject to ethical guidelines, so traditional influencer activities are not an option for me.
Tim Elliott
I’ve seen your TikTok videos and plenty of your social media content. Even this podcast could be considered social media. Can you elaborate on the differences between being a lawyer active on social media and a traditional influencer?
Ludmila Yamalova
Certainly. The main differences are in purpose, content, and ethical considerations. Lawyers aim to educate and provide legal insight, while influencers typically promote products or lifestyles. Lawyers are also bound by professional codes of ethics, whereas influencers, while increasingly regulated, still have more flexibility.
Moreover, lawyers use social media as a tool to market their legal expertise and services, whereas influencers often earn through sponsored content and brand deals.
Tim Elliott
That’s a good distinction. Let’s move on to the main topic. Abu Dhabi has recently implemented new licensing regulations for social media influencers. What’s changed?
Ludmila Yamalova
Starting July 1, 2024, the Abu Dhabi Department of Economic Development (ADDED) requires all social media influencers and businesses engaging in advertising on digital platforms to obtain appropriate licenses. This regulation applies to anyone operating in Abu Dhabi who uses social media for promotional activities.
Tim Elliott
What are the specific requirements to apply for a license?
Ludmila Yamalova
There are two main types of licenses:
- Individual influencers must pay a fee of AED 1,250 (around USD 340).
- Companies or groups of influencers must pay AED 5,000 (around USD 1,300).
Additionally, influencers must first secure a permit from the UAE Media Council before applying for the ADDED license. This makes it a two-step licensing process.
Tim Elliott
What happens if influencers or businesses fail to comply?
Ludmila Yamalova
Non-compliance can result in fines ranging from AED 3,000 to AED 10,000 (around USD 800 to USD 3,000). Businesses could even face closure for failing to adhere to these regulations. Comparatively, the licensing fees are much lower than the penalties, so compliance is clearly the smarter choice.
Tim Elliott
That’s not a huge price to pay. How can influencers or businesses apply for these licenses?
Ludmila Yamalova
The application process is straightforward. Licenses can be obtained through the TAMM platform, which is the official portal for Abu Dhabi government services.
Tim Elliott
Are there qualifications to meet before applying?
Ludmila Yamalova
Yes, there are several requirements:
- Age: Applicants must be at least 18 years old.
- Residency: Applicants need a valid UAE residency visa or a unified number, which is tied to anyone who has ever entered the UAE.
- Minimum Following: While there’s no official follower count, a substantial and engaged audience is typically expected.
- Content Compliance: Content must align with UAE laws and cultural norms.
- Business Setup: Applicants must have a valid trade license or be registered as a freelancer in Abu Dhabi.
- Media Permit: A UAE Media Council permit is also required before applying for the ADDED license.
Even meeting these criteria doesn’t guarantee approval, as each application is reviewed individually.
Tim Elliott
Can influencers promote any type of content, or are there restrictions?
Ludmila Yamalova
There are restrictions. Influencers must comply with UAE advertising laws, which prohibit the promotion of products like tobacco, alcohol, gambling, and unapproved medical products. Content must also respect UAE cultural and legal standards, including public morality laws.
Tim Elliott
How do these regulations compare with those in other Emirates?
Ludmila Yamalova
Regulations vary across the UAE. For example:
- Dubai: Requires both a UAE Media Council license and a freelancer trade license, with costs totaling around AED 30,000.
- Ras Al Khaimah: Offers an influencer license for AED 3,500 annually.
- Ajman: Licenses start at AED 2,500 for individuals and AED 10,000 for companies.
Each Emirate has its own rules and fee structures, so influencers working across the UAE must ensure compliance in every jurisdiction where they operate.
Tim Elliott
What advice would you give to influencers working across multiple Emirates?
Ludmila Yamalova
Influencers should thoroughly research the specific requirements in each Emirate and understand both local and federal regulations. Consulting legal counsel can be invaluable in navigating these complexities and avoiding penalties.
It’s also important to note that Abu Dhabi’s regulations apply to anyone whose content reaches Abu Dhabi, even if they’re based elsewhere.
Tim Elliott
What’s the broader implication of these regulations for the UAE’s digital landscape?
Ludmila Yamalova
These regulations reflect the UAE’s commitment to fostering a professional, transparent, and regulated environment for digital marketing. While they may initially pose challenges, they’re likely to enhance the credibility of influencers and protect consumers in the long run.
Tim Elliott
Thank you, Ludmila, for shedding light on these new regulations.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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