Host
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Host
Drive Live Talks Legal! We might be at GITEX, joined by the Dark Matter team, but it’s Monday, which means it’s time for Drive Live Talks Legal. Our guest today is Ludmila Yamalova from Yamalova and Plewka. Ludmila, thank you for joining us at GITEX today!
Ludmila Yamalova
Great to be here and certainly learning a lot—not legal, but definitely tech!
Host
We’re going to explore some tech-related legal questions today, but as always, if anyone wants to ask Ludmila anything, it doesn’t have to be tech-related. Text us at 4001 or via the free messaging app.
To start, let’s talk about cybersecurity. Ludmila, can you give us a legal perspective on what we need to be aware of?
Ludmila Yamalova
Sure. When it comes to cybersecurity, we refer to UAE Federal Law No. 5 of 2012, which amended an earlier law from 2009 addressing information technology crimes—commonly known as the Cybercrime Law.
This law, which applies across the UAE, defines and penalizes 38 specific cybercrimes, ranging from highly technical offenses like tampering with IP addresses to more commonly misunderstood violations, such as accessing someone’s email or website without permission.
Host
That’s broad! Can you share a few examples of crimes and their penalties?
Ludmila Yamalova
Certainly. Some notable offenses include:
- Accessing confidential information without permission: Punishable by imprisonment and fines ranging from AED 250,000 to AED 1 million.
- Spamming or sending unauthorized emails: Fines range from AED 500,000 to AED 3 million, plus imprisonment.
- Hacking into financial or private information systems: Fines go up to AED 2 million, with mandatory jail time.
Even attempted cybercrimes are punishable under the law, with penalties being about half of those for a completed crime.
Host
That’s serious. What if someone hosts illegal information without engaging in the crime themselves?
Ludmila Yamalova
They’re still liable under the Cybercrime Law. Simply storing illegal information, such as hosting it on a server or website, is a criminal offense with significant penalties. The UAE takes online crimes very seriously, and this includes activities that might seem harmless, like accessing unauthorized data “just for fun.”
Host
So the bottom line is, online crimes carry serious consequences.
Ludmila Yamalova
Absolutely. The 2012 amendments significantly increased penalties, with average fines now starting at AED 500,000 and going up to AED 3 million.
Host
Thank you, Ludmila. Let’s take a listener question now. Saeed asks:
“I’m from Morocco and was working for a real estate company on commission-only. I left for a new job and just discovered my old company has filed an abscondment case against me. I’m worried they’ll demand money to drop it. Can I appeal this? How long does an abscondment case last?”
Ludmila Yamalova
This is a multifaceted issue.
- Abscondment cases are criminal, not civil, and are filed with the authorities, accusing someone of fleeing the country.
- If the company is leveraging this case to avoid paying your entitlements, that’s unethical but common in such scenarios.
Abscondment cases can lead to deportation, often for life. If the case is finalized, returning to the UAE becomes nearly impossible. I recommend contacting the company from outside the UAE to negotiate and resolve this amicably.
Host
What should someone do if they’re already in the UAE and suspect a case has been filed?
Ludmila Yamalova
If you’re in the UAE, you must clarify the nature of the case immediately. If an abscondment case is finalized, you could face arrest upon leaving or penalties upon re-entry. Contact the company and try to obtain documentation to understand the situation fully before making any further plans.
Host
We’ve got another question related to cybercrime. Hiba asks:
“What happens if someone hacks into your WhatsApp or phone, especially if it’s someone you know?”
Ludmila Yamalova
Hacking, whether by someone you know or a stranger, is a crime under the Cybercrime Law. Penalties include:
- Fines ranging from AED 500,000 to AED 1 million.
- Jail time.
To pursue action:
- Report the crime to the police or public prosecutor.
- Once a criminal case is established, you can file a civil case for financial compensation for damages caused.
Host
Thank you. Let’s switch gears to another fascinating tech-related topic: smart tunnels at airports. Ludmila, what are the legal implications of this new technology?
Ludmila Yamalova
The concept is groundbreaking! Smart tunnels will use facial recognition and retina scans, eliminating the need for physical passports or ID checks at airport immigration. Travelers will simply walk through the tunnel, and their data will be processed automatically.
From a legal perspective, this raises questions about data privacy and storage. Who owns the biometric data? How is it stored and secured? These are areas that will need clear regulation.
Host
I hear this system could even integrate with driverless Teslas that chauffeur passengers to the airport while checking them in.
Ludmila Yamalova
Exactly. It’s a seamless process: the car registers your details, weighs your luggage, and processes your check-in while you’re en route. By the time you arrive, you’re ready to head straight to the gate.
Host
Exciting stuff! That’s all the time we have for Drive Live Talks Legal today. Ludmila, as always, thank you for your insights.
Ludmila Yamalova
My pleasure—thank you for having me.