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Elon Musk Calls for Increased AI Investments at Oman Forum

Elon Musk, CEO of SpaceX and Tesla, recently called for sovereign wealth funds to increase investments in artificial intelligence (AI) technologies during the International Forum of Sovereign Wealth Funds (IFSWF) in Muscat, Oman. Held from November 3rd to 6th, the event attracted over 50 sovereign funds from 46 countries, marking a significant milestone in global investment dialogue. Musk's presence added substantial weight to discussions on AI, energy transition, and sustainable investments.

Oman’s Growing Role in Global Innovation

Oman, host of this year’s IFSWF, has positioned itself as a hub for technological and economic transformation. The forum’s theme, represented by the traditional Omani “Mandoos” (a symbol of prosperity and creativity), highlighted the nation’s vision for fostering innovation and global collaboration. To commemorate the event, Oman’s Central Bank issued a special coin celebrating the Sultanate as the "Land of Opportunities."

Speakers, including Oman’s Minister of Energy and Minerals Salim Al Aufi and Oman Investment Authority (OIA) head Salim Al Murshidi, emphasized the importance of investing in global energy transformation and AI technologies. Musk, widely recognized for revolutionizing industries, echoed these sentiments by urging sovereign funds to drive advancements in AI to enhance governance, supply chains, and economic sustainability.

Musk’s Growing Ties with Oman

Musk’s relationship with Oman extends beyond his advocacy for AI. In June 2023, Oman granted SpaceX’s Starlink a first-class license to establish and operate satellite communication systems in the Sultanate. This partnership underscores Oman’s ambitions to create a robust economic sector around space and satellite communications. The OIA’s 2021 equity stake in SpaceX further solidifies these efforts, reflecting Oman’s strategy to diversify its economy and embrace cutting-edge technologies.

Musk’s ventures, including SpaceX and the recently rebranded X (formerly Twitter), demonstrate his drive to integrate technologies across industries. X is evolving into a “super app,” combining social media, e-commerce, and payment services, highlighting Musk’s broader vision for a connected digital economy.

Global Implications of Musk’s Vision

Musk’s calls for investment in AI come at a pivotal moment, as the technology reshapes industries worldwide. His participation in the IFSWF added depth to conversations on sustainable investments, aligning with global priorities such as energy efficiency and digital innovation. With sovereign wealth funds managing trillions of dollars in assets, Musk’s advocacy could catalyze a new wave of investments in transformative technologies.

Musk’s Role in Trump’s Government

Amid his increasing influence in global and technological spheres, questions arise about Musk’s potential role in Donald Trump’s administration following the President-elect’s victory. Musk, who has maintained deep ties across industries and governments, is uniquely positioned to influence technological policy and innovation strategies in the United States.

As the wealthiest man in the world, Musk’s alignment with Trump’s government could shape policies on AI, energy, and space exploration. Given his track record, Musk is expected to leverage his expertise to foster public-private collaborations and promote advancements in key sectors, reinforcing America’s leadership in innovation.

Conclusion

Elon Musk’s growing involvement in global economic discussions, coupled with his influence in Oman and potential role in the Trump administration, highlights his unparalleled ability to drive innovation across industries. His participation in the IFSWF and advocacy for AI investments reflect a strategic vision that bridges technological advancements, sustainable investments, and economic transformation on a global scale. With Musk at the forefront, both Oman and the broader world stand poised to benefit from his ground-breaking initiatives.

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Kuwait Uncovers 36-Year-Old Citizenship Fraud Involving Sudanese Expat

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B.C. Court Sets Precedent on AI "Hallucinations" in Legal Research

In a groundbreaking ruling, a British Columbia court recently addressed the controversial issue of "hallucinated" legal cases generated by artificial intelligence. The decision could have far-reaching implications on the use of AI in the legal field, setting a precedent for how AI-generated content should be verified and utilized in legal practice.

The Issue of AI Hallucinations in Legal Research

AI "hallucinations" occur when AI systems, such as those powered by large language models, generate plausible-sounding but entirely fabricated information. In this case, a legal team cited case law that was later discovered to be fictitious, generated by an AI system prone to such hallucinations. The court’s ruling emphasized the importance of verifying AI-generated content, particularly when it comes to legal research where accuracy and reliability are paramount.

Background of the Case

The controversy arose when a British Columbia law firm presented a series of legal cases to support its argument. Upon review, it became apparent that several of these cases were not real but fabricated by an AI tool used in the firm's research process. This discovery prompted the court to examine the legal and ethical responsibilities of professionals relying on AI tools, especially given the growing popularity of AI-driven legal research platforms.

Court’s Ruling and Implications

The court ultimately ruled that legal professionals must thoroughly verify any AI-generated information before submitting it in legal proceedings. This ruling underscores the ethical and professional obligations of lawyers to ensure the integrity of the information they present. While AI can be a powerful tool for legal research, the court’s decision serves as a cautionary reminder of its limitations and the potential risks of unverified AI output.

This ruling may lead to more stringent standards around the use of AI in the legal field, particularly in jurisdictions where AI is frequently employed for tasks like drafting documents, conducting research, and analyzing case law. Legal professionals might face new ethical guidelines on AI usage, including requirements for cross-referencing AI-generated data with verified legal sources.

Implications for the Future of AI in Law

The B.C. court’s decision could influence how other jurisdictions approach the use of AI in legal practice. By setting a precedent, this ruling may prompt lawmakers to establish clearer regulations on the reliability of AI-generated information in legal matters. Furthermore, the legal industry may see an increased demand for AI solutions that incorporate built-in verification tools, helping to minimize the risk of hallucinated cases being presented in court.

A Growing Challenge for Legal AI Developers

For developers of AI-based legal tools, this ruling highlight the need for continuous refinement of AI systems to reduce hallucinations and improve accuracy. Legal AI developers may now face pressure to introduce enhanced verification features within their platforms, allowing legal professionals to validate the authenticity of AI-generated information more easily.

Final Thoughts

The B.C. court ruling serves as a crucial reminder of the ethical considerations associated with AI in law. As artificial intelligence becomes more ingrained in the legal field, this case underscores the importance of balancing technological advancement with the integrity of legal proceedings. Moving forward, both legal professionals and AI developers will need to work closely to ensure that AI remains a reliable, trustworthy tool in the justice system, upholding standards that safeguard against the potential pitfalls of AI hallucinations.

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UAE Simplifies VAT Rules for Virtual Assets to Attract Crypto Investors

The UAE has taken a major step to attract crypto investors and digital asset businesses by simplifying its VAT regulations for virtual assets, including cryptocurrencies and non-fungible tokens (NFTs). This update not only clarifies tax obligations but also reduces costs for investors—a milestone for UAE’s evolving tax policy and digital economy.

Key VAT Updates on Virtual Assets

The UAE’s revised VAT rules, applied retroactively from January 1, 2018, offer clear guidelines for businesses and investors dealing in digital assets. This move brings certainty to the often-complex process of buying, selling, and managing crypto assets, making the UAE an attractive destination for digital asset businesses and investors seeking a tax-friendly environment.

Impact on Investors: Cost Savings and Simplified Transactions

With simplified VAT processes, investors in cryptocurrencies and NFTs can now navigate their tax obligations more easily. By reducing tax-related complexities, the UAE has effectively lowered the costs associated with digital asset transactions, offering a major advantage to investors and opening the door for increased engagement in the sector.

A Milestone in UAE’s Tax Policy

The recent VAT update signals the UAE’s commitment to aligning its tax framework with the needs of a modern digital economy. By proactively addressing tax policies related to virtual assets, the UAE is positioning itself as a forward-thinking hub for digital innovation, attracting global investors and businesses eager to operate within a stable and supportive regulatory environment.

A Strategic Move to Foster Growth in the Digital Asset Market

This policy change aligns with the UAE’s broader goals of fostering technological innovation and economic diversification. With more favorable VAT rules, the UAE is expected to draw even more attention from global digital asset firms and tech-savvy investors, reinforcing its role as a pioneering market for digital finance.

The UAE’s VAT simplification for virtual assets is more than just a regulatory update; it’s a step toward building a robust, investor-friendly ecosystem in the heart of the digital asset revolution. As the digital economy evolves, the UAE’s strategic approach to tax policy positions it as an attractive destination for crypto investors and digital businesses worldwide.

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Trump Appoints Musk and Ramaswamy to Lead Efficiency Overhaul

US president-elect Donald Trump has appointed Elon Musk and former presidential candidate Vivek Ramaswamy to lead the newly established Department of Government Efficiency. This department aims to reduce government bureaucracy, eliminate unnecessary regulations, cut wasteful spending, and restructure federal agencies.

The new department will operate independently of traditional government structures, instead working with the White House and the Office of Management & Budget to drive substantial reform. Trump noted that Musk and Ramaswamy’s work would conclude by July 4, 2026, symbolizing a 250th-anniversary gift to the nation.

Elon Musk, already one of Trump’s prominent supporters, is expected to bring significant influence to this initiative, likely benefiting his own ventures, including Tesla, SpaceX, and social media platform X. Having supported Trump’s campaign financially and appeared alongside him, Musk has publicly expressed his enthusiasm for the project, calling it “The Manhattan Project of our time” in reference to its ambitious goals.

Ramaswamy, who previously competed for the Republican presidential nomination before endorsing Trump, is also eager to implement large-scale changes. Sharing Trump’s announcement on X, Musk and Ramaswamy both emphasized their commitment to overhaul government processes, aiming to curb waste and inefficiency.

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Sweden’s New Law Allows Police to Seize Luxury Items from Suspected Gang Members

In an intensified effort to counter organized crime, Sweden has introduced a new law permitting police to confiscate luxury items from individuals with suspected gang affiliations, even if they are not formally accused of any crime. This law, which took effect after being passed by parliament on October 2, enables authorities to seize high-end items like cars, gold watches, and designer goods from those who cannot provide proof of legitimate ownership.

The measure is specifically aimed at addressing the financial underpinnings of organized crime. Authorities can target luxury items believed to be purchased with proceeds from illegal activities, especially when owned by individuals with no verifiable source of income. For instance, an expensive sports car driven by an unemployed person could be seized if its purchase is suspected to have been funded by illicit means.

Sweden’s government considers this law a landmark change, describing it as the most significant reform to the country’s criminal code since 1965. This initiative comes in response to a troubling rise in gang violence, which has manifested in shootings and bombings related to conflicts over drug trade territories. In 2023, Sweden recorded 53 deaths from 363 shootings, many of which occurred in public spaces and sometimes claimed innocent lives. Additionally, relatives of gang members have become targets in retaliatory attacks, and even underage individuals have been involved in these criminal activities.

The new law also extends to minors under the age of 15, who are often recruited by gangs due to their exemption from criminal responsibility under Swedish law. Recognizing that symbols of wealth like luxury cars and high-end watches can be used to lure young recruits into gangs, authorities see the law as an essential step in dismantling the allure of criminal lifestyles.

Despite its intended impact, the law has faced criticism, particularly from Sweden’s Parliamentary Ombudsmen, who oversee compliance with legal standards among public authorities. Concerns have been raised about potential conflicts with principles of the rule of law, such as the presumption of innocence, and the seemingly broad criteria for conducting searches and seizing property.

In defence, the government has acknowledged the bold and unconventional nature of the legislation, noting that some of the standard legal protections afforded in criminal cases may not be fully present in these scenarios. The law stipulates that a court will have the final authority to approve or deny the seizure of assets.

Sweden’s organized crime economy is estimated to generate between 100 and 150 billion kronor (roughly $9.3 to $14 billion) annually. The new seizure law represents one of the country’s most assertive strategies to disrupt this lucrative criminal market and reduce the prevalence of gang-related violence.

 

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Navigating Business Loans in the UAE: A Guide for Entrepreneurs and Companies

Obtaining a business loan in the UAE is a viable option for entrepreneurs and established companies looking to expand their operations or improve cash flow. With a range of loan types available—such as term loans, startup financing, and trade finance—the UAE offers support options tailored to various business needs. However, understanding the eligibility requirements, interest rates, and repayment terms is crucial for a successful loan application.

To qualify for a business loan, most banks and financial institutions require businesses to meet specific criteria. Typically, applicants must demonstrate that their business has been operational for a minimum period (often one to two years) and show evidence of a stable annual turnover. Additionally, a corporate bank account in the UAE is a common prerequisite. For startups, the eligibility requirements can be more flexible, with institutions often considering the entrepreneur’s background, business model, and market potential.

Interest rates on business loans in the UAE can vary based on factors like the applicant’s creditworthiness, the loan tenure, and the type of loan. Interest rates on term loans, for example, range from around 5% to 15% annually, while Islamic finance options offer interest-free alternatives. Islamic finance aligns with Sharia law, where "profit rates" are charged instead of interest, providing an alternative for those looking for financing that avoids traditional interest-based loans.

Repayment terms depend on the type and size of the loan. Term loans usually come with monthly repayment structures over a period of one to five years. Some banks offer grace periods where only interest is paid for the initial months. Other types of financing, like trade finance, may have shorter terms tied to the business’s invoicing or sales cycles.

Understanding these components can help business owners in the UAE navigate the loan application process more effectively. By meeting eligibility requirements, assessing interest rate options, and choosing repayment terms that align with their business’s cash flow, applicants can find the right loan to support their business growth.

 

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Essential Legal Considerations for Expats Owning Property in the UAE

Owning property in the UAE is an attractive investment for expats, given the country’s growing real estate market and investor-friendly regulations. However, owning property as a non-Emirati comes with specific legal considerations that, if not handled correctly, can lead to complications. Taking a proactive approach to secure your property and assets can help avoid unexpected issues and ensure your family’s financial stability.

  1. Understand Ownership Rights for Expats

Expats in the UAE can own property in designated freehold areas, with property rights granted either as freehold ownership or leasehold rights. Freehold ownership allows the property to be owned indefinitely, while leasehold rights usually extend to 99 years. Ensure that your ownership type is clear in your property documents to avoid any future ambiguity.

  • Freehold Ownership: This grants the buyer complete ownership rights and is typically more advantageous in terms of inheritance and asset transfer.
  • Leasehold Rights: Here, the expat holds property rights for a set period, often 99 years. While secure, this right has an expiration, and any renewal terms should be clarified upfront.
  1. Register Property with Dubai Land Department (DLD)

In Dubai, all property transactions must be registered with the Dubai Land Department (DLD), ensuring legal recognition. Expats should ensure their property is correctly registered, as unregistered property may be at risk of disputes. This registration also makes the ownership legally binding, providing a foundation for any future transactions or inheritance claims.

  1. Set Up a Will in the UAE

In the absence of a will, UAE courts may apply Sharia law to distribute an expat’s assets, which may not align with the expat’s wishes, especially for those from different cultural or religious backgrounds. To safeguard your assets:

  • DIFC Wills Service Centre: For non-Muslim expats, the Dubai International Financial Centre (DIFC) offers a will registration service that allows individuals to specify the distribution of their UAE-based assets. This will simplifies the process for beneficiaries and minimizes the risk of disputes.
  • Local Notary Public Wills: Alternatively, expats can draft a will with a UAE-based notary public to cover local assets, although this may require translation and may be subject to some Sharia law interpretations.
  1. Consider Family Protection and Guardianship for Minor Children

For expats with minor children, setting up a guardianship provision is essential. Without a UAE-recognized will specifying guardianship, the courts may make decisions that differ from the family’s preferences. A DIFC-registered will is generally considered the most straightforward way to ensure your wishes are respected regarding guardianship and the care of minor children.

  1. Review Property Inheritance and Succession Laws

While having a will is crucial, expats should also understand how succession laws might impact their property. Under UAE law, any property registered in an expat’s name may be subject to Sharia law inheritance rules unless a will specifies otherwise. Clarifying property succession arrangements ensures that your estate is managed as intended.

  1. Set Up Power of Attorney for Emergency Situations

Granting a Power of Attorney (POA) to a trusted individual can be valuable, particularly for expats who may be traveling frequently or based outside the UAE for extended periods. A POA enables a designated representative to manage property-related matters in your absence, including paying fees, handling tenant agreements, or making decisions on maintenance and repairs.

  1. Understand Tax Implications and Plan Accordingly

While the UAE is known for its tax-free environment, expats should consider any tax implications related to their home country. Some countries may levy taxes on global assets, including UAE property, upon the owner’s passing. It is wise to consult a tax advisor who can help mitigate any potential double-taxation or estate tax issues, ensuring a smoother transition of assets.

  1. Insurance for Property Protection

Home insurance is a critical aspect of securing your property investment. Having adequate property insurance protects against unforeseen events, such as natural disasters, fire, or vandalism. Additionally, life insurance can help cover any outstanding mortgage or liabilities, preventing these financial burdens from falling on family members in case of the owner’s passing.

  1. Regularly Update Your Legal Documents

Over time, life changes may necessitate updates to your legal documents, such as wills, power of attorney, or guardianship instructions. Regularly reviewing these documents ensures they remain aligned with your current situation and preferences.

Final Thoughts

By taking these steps, expat homeowners in the UAE can secure their property, avoid legal complications, and protect their family’s future. Consulting with a legal expert familiar with UAE property law can help ensure your property is safeguarded and that your estate planning reflects your wishes. Careful planning today can make a significant difference for your loved ones tomorrow.

 

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Donald Trump Wins 2024 U.S. Presidential Election, Becomes 47th President

In a fiercely contested election, former President Donald Trump has won the U.S. presidential race and has been elected the 47th president of the United states, securing a victory with a slim majority over his opponent, Kamala Harris. With Trump tallying 52% of the vote compared to Harris’s 48%, the margin was close, showcasing a competitive battle that gripped the nation until the final votes were counted.

Trump's performance reflected a significant gain over his previous campaigns, achieving an increased voter base across several key states. Compared to his last election in 2020, Trump not only garnered higher numbers in traditional strongholds but also made substantial inroads into new voter segments, giving him a crucial edge over Harris. His success was particularly notable in battleground states where the margin of victory had previously been much narrower, highlighting a shift in support and a resurgence of his base.

Kamala Harris ran a formidable campaign, appealing to a diverse coalition and mounting a strong challenge that kept the race tight up to the final hours. Her appeal to young voters, minority communities, and urban centers made the competition exceedingly close, underscoring her influence and the changing dynamics of the American electorate.

As Trump returns to the White House, this election marks a new chapter in American politics, one shaped by voter sentiment shifts and unprecedented levels of engagement across the country. The close race demonstrates a deepening political divide, setting the stage for a term that will undoubtedly have far-reaching implications for both domestic and international policy.

 

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Amazon Faces £2.7 Billion Class Action in the UK Over Alleged Anticompetitive Practices

Amazon, the global e-commerce giant, is facing a significant legal challenge in the UK as a new class action lawsuit seeks damages exceeding £2.7 billion. The suit, filed before the UK’s Competition Appeals Tribunal (CAT), alleges that Amazon has engaged in anticompetitive practices that harm consumers by distorting market conditions, thus driving up prices for millions of UK customers. Andreas Stephan, a professor of competition law and head of the Law School at the University of East Anglia, has initiated the suit, representing millions of UK consumers who have allegedly paid higher prices as a result of Amazon’s practices. The case stands to be one of the most prominent challenges Amazon has faced in the UK and underscores the intensifying scrutiny of tech giants’ influence on markets around the world.

Background of the Class Action Suit

The class action lawsuit alleges that Amazon has used its dominant position in the UK’s online retail market to prioritize its own products and the products of sellers who use Amazon’s logistics and fulfillment services, over others who do not pay for such services. According to Stephan, Amazon’s policies make it difficult for independent sellers to compete fairly on the platform, leading to reduced choice for consumers and inflated prices.

Stephan claims that Amazon's algorithmic practices and policies favor the placement of its own products and certain third-party products in prominent positions, particularly in the coveted “Buy Box” on product listings. This strategic placement is crucial, as studies show that a large majority of Amazon sales go through the Buy Box. By allegedly influencing which sellers can access the Buy Box, Amazon is effectively deciding which products consumers are more likely to purchase, raising concerns that this behavior restricts competition and choice.

Key Allegations in the Lawsuit

The lawsuit, on behalf of millions of Amazon’s UK customers, argues that Amazon’s practices violate UK competition laws by artificially limiting consumer choice and forcing customers to pay higher prices. The main allegations can be summarized as follows:

  1. Buy Box Manipulation: The lawsuit claims that Amazon’s Buy Box algorithms systematically favor either its own products or those sold by third-party vendors who use Amazon’s logistics services. Consequently, other sellers are disadvantaged, regardless of the quality or price competitiveness of their products.
  2. Increased Prices Due to Restricted Competition: Stephan argues that by limiting which sellers can effectively compete for visibility, Amazon’s policies lead to higher prices, reducing the potential for consumers to find lower-cost alternatives from independent sellers.
  3. Detrimental Effect on Independent Sellers: According to the lawsuit, Amazon’s practices have had an adverse impact on independent sellers who do not use Amazon’s fulfillment services. Many sellers are reportedly pressured into using Amazon’s services to stay competitive, a decision that reduces their profit margins due to Amazon’s associated fees.
  4. Suppression of Market Diversity: By allegedly curtailing the visibility of independent sellers, the suit argues that Amazon reduces product variety on its platform, limiting consumer choice and driving up prices.

The Role of the Competition Appeals Tribunal (CAT)

The case will be heard before the UK’s Competition Appeals Tribunal (CAT), a specialized judicial body that addresses complex competition and regulatory issues. The CAT has recently been at the center of landmark antitrust cases, particularly as public and regulatory scrutiny of tech giants’ market practices intensifies across Europe.

The tribunal has the authority to certify the class action, which would allow it to proceed on behalf of the millions of consumers allegedly affected. If certified, the lawsuit could have significant implications for Amazon’s business practices in the UK, potentially forcing changes to its algorithms, sales strategies, and policies on product placement. In addition to damages, the suit seeks regulatory intervention to address the alleged unfair competitive practices and increase transparency in Amazon’s algorithmic processes.

Amazon’s Response to the Allegations

Amazon has consistently defended its business practices, asserting that it operates fairly within the bounds of competition law. The company has emphasized that the Buy Box is designed to feature products based on factors like price, availability, delivery speed, and seller performance, claiming that these factors benefit consumers by promoting high-quality, competitively priced products. Amazon has also argued that its fulfillment services provide significant advantages to both sellers and consumers, including faster delivery and increased reliability, which it says enhance the overall shopping experience.

In a statement regarding similar cases brought against Amazon in other countries, the company has expressed its commitment to cooperating with regulators while upholding a competitive, consumer-focused platform. However, it has not yet commented specifically on this latest lawsuit.

Implications of the Lawsuit for the UK Market and Beyond

If successful, the lawsuit could result in significant changes to Amazon’s operational model in the UK, with potential ripple effects on its business practices globally. Here are a few potential impacts:

  1. Financial Consequences: If Amazon is ordered to pay £2.7 billion in damages, the ruling would likely set a precedent for future class actions, not just in the UK but across the European Union and beyond, as similar cases against Amazon are emerging globally.
  2. Increased Transparency and Algorithm Changes: A ruling against Amazon could lead to calls for increased transparency in how its algorithms prioritize certain products over others. Regulators may push for clearer disclosure of the factors influencing product placement, particularly in the Buy Box.
  3. Policy Reforms and Market Fairness: Regulators worldwide are looking more closely at the practices of major tech platforms, especially when they may harm competition. This case could encourage further legislative action to ensure fair competition, both on Amazon and other e-commerce platforms.
  4. Impact on Independent Sellers: A decision in favor of the class action could open up new opportunities for independent sellers, as Amazon may be required to change its policies to foster a more level playing field for all sellers on its platform. This could encourage greater participation from small businesses and independent sellers who often struggle to compete against Amazon’s own products.

Global Trend of Antitrust Scrutiny Against Tech Giants

Amazon’s legal challenges in the UK reflect a broader global trend of increasing antitrust scrutiny against tech giants. Regulatory bodies in the European Union, the United States, and other regions have been actively investigating Amazon, Google, Facebook, and Apple over alleged market abuses and anti-competitive practices. In the European Union, Amazon faces similar accusations, with regulators examining whether the company has used data from independent sellers to gain an unfair competitive advantage.

This lawsuit in the UK adds to Amazon’s growing list of regulatory challenges, underscoring the global momentum toward greater oversight of large tech companies. Governments and regulators are increasingly recognizing the need for policy adjustments to address the unique challenges presented by the dominance of major tech platforms in various markets.

Conclusion

The class action lawsuit against Amazon in the UK, spearheaded by Andreas Stephan, is a significant development in the ongoing battle between tech giants and regulators over fair competition and consumer rights. If successful, the suit could not only lead to substantial financial consequences for Amazon but may also necessitate changes in its business practices, particularly in how it manages the visibility and prioritization of products on its platform. As tech giants face mounting legal challenges worldwide, this case reflects a pivotal moment in the regulation of digital marketplaces and the push for greater accountability in the tech industry.

The outcome of this case could shape the future landscape of e-commerce, setting important precedents for the responsibilities of online platforms to their consumers and the competitive dynamics that govern digital marketplaces.

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Transforming University Admissions: Cancellation of EmSAT Marks a New Era in UAE Education

The UAE education system is undergoing a significant shift as the Emirates Standardized Test (EmSAT) for high school graduates is being cancelled. This move, announced on November 3rd, 2024, eliminates the standardized test requirement for admission to government universities in the country.

 

The decision, approved by the Education, Human Development and Community Development Council, reflects a revised approach to university admissions. The Ministry of Education and the Ministry of Higher Education and Scientific Research have jointly announced the cancellation and implementation of new criteria.

 

Universities Gain Flexibility

Universities will now have more autonomy in setting their own admission criteria. This allows them to tailor their selection process to specific programs and identify students who possess the necessary skills and strengths for success in each field.

 

Science Subjects Take Center Stage

For medical and engineering programs specifically, the focus will shift towards a student's performance in science subjects. Admission decisions will prioritize these subject grades over the overall percentage score achieved in high school graduation. This targeted approach aims to ensure that students with a strong foundation in science are well-positioned to excel in these demanding disciplines.

 

A Modernized Admissions Landscape

The cancellation of the EmSAT and the emphasis on subject-specific excellence mark a step towards a more individualized approach to university admissions in the UAE. This shift empowers universities to create diverse student bodies and fosters a learning environment that caters to students' strengths and aspirations.

 

Unforeseen Impacts

While the long-term effects of this policy change remain to be seen, it is anticipated that universities will implement a variety of measures in their revised admission criteria. These may include increased emphasis on high school transcripts, standardized tests specific to certain disciplines, and potentially even portfolio reviews or entrance interviews.

 

The move signals a commitment to a more holistic evaluation of student potential, potentially leading to a more diversified and well-rounded student body within UAE universities.

 

 

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UAE Dismantles Major Cybercrime Networks in Overnight Raids, Rescues Exploited Victims

UAE Intensifies Cybercrime Crackdown: Inside the Operations Exploiting Workers in High-Pressure Scam Centers

In a significant move against international cybercrime, UAE authorities dismantled a sophisticated web of syndicates, leading to the recent arrests of hundreds involved in these scams. 

 

The syndicates, primarily targeting victims worldwide, had specialized teams for different types of scams and recruited hundreds of tech-savvy workers from South Asia through social media job advertisements. Recruits were required to have basic typing skills and their own visas, with offers including modest salaries and incentives like meals and accommodation. Once in the UAE, these employees were trained and divided into specific roles: "Receptionists," "Developers," "Teachers," and the high-ranking "Killers."

 

Roles Within the Syndicates

 

Receptionists handled initial scams, such as parcel and package delivery frauds. Using overseas messaging apps, they impersonated representatives from trusted companies and sent links to fake sites to collect personal information.

 

Developers led individuals into fraudulent investment schemes through WhatsApp groups and Telegram channels, guiding victims to fake trading platforms. When victims tried to withdraw their "profits," they were told they needed to invest more to access funds, trapping them further.

 

Teachers orchestrated romance scams by building rapport with victims online, eventually guiding them to invest in cryptocurrency schemes. Victims were directed to install specific apps, which were controlled by the scammers.

 

Killers executed high-pressure schemes, posing as law enforcement officers to intimidate victims. They carried out fake "digital arrests" over video calls, threatening individuals and demanding money to settle fabricated legal issues. Some also lured victims with instant loan apps, using the data collected for extortion.

 

Exploited Workforce in Harsh Conditions

 

Recruits faced severe restrictions and gruelling working conditions. Living arrangements were cramped, with many workers housed in confined spaces under constant surveillance. The work environment was tightly controlled, with personal belongings like passports confiscated, and working hours were long, often extending beyond 13 hours a day. Meals were basic, and workers had little opportunity for breaks or outdoor activity. Daily quotas and performance targets were strictly enforced, with fines imposed for failing to meet them or missing specific instructions.

 

Under constant monitoring, employees were required to meet aggressive call targets, with some making up to 800 calls daily. Management constantly pressured employees to maximize the use of customer data, emphasizing that any perceived waste of company resources could lead to immediate dismissal without pay

 

Ongoing Investigations and Future Measures

 

The recent crackdown resulted in raids on multiple compounds operating as scam centers, with the authorities seizing evidence and detaining numerous individuals. Further investigations are underway to assess the involvement of those detained and bring those responsible to justice. This operation underscores the UAE's commitment to dismantling cybercrime operations and ensuring that these exploitative practices do not go unpunished.

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Sunil Ambalavelil Named "Best Indian Lawyer in Dubai" at Kempegowda Utsava 2024

Sunil Ambalavelil, the Principal Partner of NYK Law Firm in Dubai, has been honoured with the prestigious award of "The Best Indian Lawyer in Dubai" at the Kempegowda Utsava & Business Award 2024. The grand event took place on October 27 at the Ritz Carlton, Dubai, attracting an illustrious assembly of industry leaders and dignitaries. This award recognises Sunil Ambalavelil's exceptional contributions to the legal field in Dubai, especially for his work championing the Indian expatriate community in the region.

 

This Event was organized by Kiran Gowda, President of the Dubai Vokkaliga Sangha, the award ceremony was graced by notable personalities, including esteemed Indian actor and film director Mr. Upendra, actor Abhishek Ambareesh, and Kiran Gowda himself, who presented the award. Sunil Ambalavelil’s dedication to delivering high-caliber legal services and his pivotal role in strengthening Indo-UAE relations were highlighted during the event.

 

The evening's Guest of Honor, Mr. Fahad AL Hashemi, Dubai Police Anti-corruption Officer, shared the stage with other prominent figures, including the former Deputy Chief Minister of Karnataka and members of Karnataka’s legislative assembly, adding an air of distinction to the occasion.

 

The Kempegowda Utsava & Business Award, an annual celebration, seeks to acknowledge and honor the accomplishments of Indian professionals excelling in their fields across the UAE. 

 

Sunil Ambalavelil’s recognition as "The Best Indian Lawyer in Dubai" not only underscores his influence in the legal industry but also serves as an inspiration for the Indian community in Dubai and beyond.

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Navigating the E-Commerce Landscape in the UAE: Securing Your No Objection Certificate

With the rise of e-commerce and online services, many individuals and businesses in the UAE are exploring opportunities to sell products and offer services online, whether through a website, mobile app, or social media platforms. As the digital landscape continues to expand, gaining the necessary approvals to operate legally is essential.

 

In the UAE, anyone looking to engage in online economic activities is required to obtain a No Objection Certificate (NOC) from the Telecommunications and Digital Government Regulatory Authority (TDRA). This certificate is mandatory for any form of online commerce or service, and it applies to websites, mobile applications, and social media accounts.

 

Why Online Selling is Booming in the UAE

With e-commerce becoming a popular choice for shopping, consumers in the UAE—especially Gen Z and millennials—are increasingly favoring the convenience of online platforms. The growth of digital infrastructure, strong regulatory support from the government, and a tech-savvy population have all contributed to the rise of online shopping in the region. For many consumers, digital shopping is an attractive alternative to brick-and-mortar stores, offering ease, efficiency, and savings.

 

How to Apply for the NOC

Obtaining the NOC from TDRA is a straightforward process, designed to be completed within two working days. Here’s how it works:

  1. Log In: Start by logging in to the TDRA platform using your UAE Pass account.

  2. Fill Out the Application Form: Complete the required online form.

  3. Attach Necessary Documents: If applicable, attach a trade license and any NOC obtained from other relevant authorities.

  4. Application Review: TDRA will review the application.

  5. Receive Approval: Upon approval, the NOC will be issued to the applicant.

This service is available to both individuals and businesses free of charge.

 

Conditions for Online Activity

Depending on the platform or method you plan to use, the following conditions apply:

  • Website-Based Activity: For activities conducted via a website, a national domain (.ae) is required.
  • Social Media Accounts: If the activity is through social media (e.g., X, Facebook, Instagram), you must provide the account name and link. If the account name is changed, a new application must be submitted.
  • Mobile Applications: For smart applications listed on app stores (iOS or Google Play), provide the app’s name, link, and a brief description. If the app is still under development, include the website link, app description, and main interface images.

 

By following these steps and conditions, entrepreneurs and businesses can seamlessly enter the UAE’s digital economy, ensuring compliance with regulatory standards and contributing to the thriving online market.

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LinkedIn Hit with €310 Million Fine by Irish Data Protection Commission for GDPR Violations

The Irish Data Protection Commission (DPC) recently imposed a hefty €310 million fine on LinkedIn following violations of the General Data Protection Regulation (GDPR). This decision underscores Europe’s rigorous stance on data privacy, following similar actions against other tech giants operating within the European Union.

 

The Breach and Investigation

LinkedIn, part of Microsoft's portfolio, was found to have inadequately protected user data, leaving it vulnerable to unauthorized access. The breach exposed personal details such as email addresses, job histories, and more, impacting millions of users. The investigation, led by the DPC, revealed significant lapses in LinkedIn’s data protection practices, including its data handling and retention policies. This case highlights critical areas where LinkedIn fell short of GDPR standards, from data minimization to ensuring sufficient security measures.

 

Implications of the Fine and GDPR’s Reach

The €310 million fine reinforces the GDPR’s robust framework and the EU’s emphasis on accountability for data breaches. The regulation mandates businesses to maintain a high level of security and transparency with user data, and companies breaching these protocols can face fines of up to 4% of their annual global turnover or €20 million—whichever is higher. This recent penalty against LinkedIn represents one of the largest imposed on a tech company to date and serves as a reminder of the serious implications for companies found in violation.

 

LinkedIn's Response and Data Protection Reform

In response, LinkedIn issued a statement emphasizing their commitment to addressing the DPC’s concerns and investing in heightened data security measures. This case is expected to prompt LinkedIn and other tech firms to reassess their data protection strategies and reinforce compliance programs.

The ruling also places renewed focus on the DPC’s regulatory oversight. As Europe’s central authority for data protection, Ireland’s DPC manages numerous investigations into tech companies, given many are headquartered in Dublin. This ruling demonstrates the DPC’s commitment to holding corporations accountable, ensuring they adhere to GDPR principles to protect EU citizens’ data.

 

Lessons for Companies Operating in the EU

The LinkedIn case serves as a warning to other global tech firms operating within the EU: data privacy compliance must be a top priority. Ensuring that user information is handled with the highest level of security is not only a legal obligation but also essential for maintaining consumer trust. Companies are now encouraged to proactively audit their data protection policies, invest in cybersecurity infrastructure, and create transparent processes for data management.

 

Conclusion

The €310 million fine against LinkedIn represents a pivotal moment in Europe’s ongoing battle to safeguard digital privacy. As the digital landscape evolves, the GDPR continues to be a powerful regulatory force, compelling companies to maintain high standards in data protection. LinkedIn’s penalty is not just a standalone case but a testament to the EU's resolve to enforce compliance across the technology sector, marking a significant step toward greater accountability and user protection in the digital age.

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Dubai Celebrates National Pride with Month-Long Festivities Honoring the UAE's Rich Heritage

Dubai has announced an exciting month-long campaign filled with festivities, honouring key national occasions from UAE Flag Day to the 53rd UAE National Day.

In a significant announcement on Wednesday, Dubai unveiled a new initiative to mark important national events, beginning with UAE Flag Day and culminating with the 53rd Eid Al Etihad (UAE National Day). The celebrations, running from November 3 to December 3, are being held in collaboration with 16 government, semi-government, and private sector entities.

 

Sheikh Ahmed bin Mohammed bin Rashid Al Maktoum, Second Deputy Ruler of Dubai and Chairman of the Dubai Media Council (DMC), launched the initiative, which is named in honor of the UAE’s founding fathers, Sheikh Zayed bin Sultan Al Nahyan and Sheikh Rashid bin Saeed Al Maktoum.

 

What to Expect:

 

Fireworks Spectaculars:
On December 2 and 3, residents can enjoy stunning fireworks displays at JBR Beach, Al Seef, Hatta, and Dubai Festival City Mall. Hatta will also feature traditional folk dances and live music performances. Daily fireworks will light up Global Village throughout the campaign.

 

Seasonal Markets:
Seasonal markets such as Beach Canteen, Ripe Market, and Winter Wonderland will offer Emirati-themed activities, local food, and unique retail experiences. The ‘Union Day Parade,’ organized by Watani Al Emarat, will take place at City Walk on December 2, featuring traditional dances and performances that showcase Emirati culture.

 

Museum Events:
Dubai Culture and Arts Authority (Dubai Culture) will host special events at key cultural destinations like Hatta Heritage Village and Al Fahidi Historical Neighbourhood, inviting residents to explore Dubai's rich cultural heritage. At Al Shindagha Museum, visitors can enjoy interactive performances that revive the history of old Dubai, while the Etihad Museum will feature exhibitions and events focused on the UAE's Union.

 

Concert at Expo City:
As part of the 53rd UAE National Day celebrations, Expo City Dubai will host a musical concert titled ‘Union Symphony’ by the Firdaus Orchestra, performing Emirati national songs in two free public performances at Al Wasl Plaza. The venue will be adorned with UAE flags and traditional Emirati décor, creating a vibrant cultural atmosphere.

 

Light Shows at Parks:
Dubai Municipality will illuminate major parks, Dubai Frame, Dubai Safari Park, and the Clock Tower roundabout with dazzling light displays for Eid Al Etihad, adding to the festive mood.

 

Celebrations at Dubai Airports:
Dubai Airports will dedicate a space for Eid Al Etihad celebrations, with a maritime heritage theme. Visitors arriving in Dubai will be greeted with traditional national songs, creating a warm, festive welcome.

These month-long festivities reflect Dubai’s deep connection to its heritage, offering a range of cultural, historical, and entertaining activities for residents and visitors alike

 

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Revolutionizing Transactions: The Impact of Aani on Micro-Businesses in the UAE

In today's fast-paced world, businesses, especially micro-businesses, need payment solutions that are not only efficient but also instantaneous. The UAE’s new peer-to-peer (P2P) payment platform, 'Aani,' is revolutionizing the way businesses and consumers handle transactions, enabling payments in a matter of seconds through QR codes. This innovative solution is gaining rapid traction among small merchants and financial institutions, offering a seamless and instant payment experience.

 

Instant Payments for Micro-Businesses

Micro-businesses in the UAE often face challenges when it comes to adopting digital payment systems. These businesses typically operate on thin margins and may not have the resources or infrastructure to implement complex payment solutions. With the introduction of Aani, small retailers, independent vendors, and other micro-businesses now have access to a simple and cost-effective way to accept payments.

 

Aani allows businesses to accept payments by generating a QR code that customers can scan to transfer funds instantly. This means no waiting time for payments to process, giving businesses immediate access to their funds. This capability is particularly important for micro-businesses, which rely on cash flow to sustain their operations.

 

“We have enabled Aani to be accessible when you want to pay for goods and services, especially for smaller merchants who may not currently be enabled to accept digital payments,” said Jan Pilbauer, CEO of Al Etihad Payments, a subsidiary of the UAE Central Bank. By simplifying digital payments, Aani provides smaller merchants with the ability to grow and thrive in the increasingly digital economy of the UAE.

 

How Does Aani Work?

The Aani platform operates through a peer-to-peer (P2P) system, meaning it allows users to transfer funds directly to one another without the need for an intermediary such as a credit card or bank processor. This is done by scanning a QR code with a smartphone, linking the payment to the buyer’s bank account, and completing the transaction instantly.

 

For businesses, this provides several advantages:

  1. Immediate Payment: Funds are transferred to the seller’s account in real-time, enabling faster access to cash.

  2. Low Transaction Costs: By using P2P technology, Aani reduces the need for expensive point-of-sale (POS) machines and minimizes transaction fees.

  3. User-Friendly Interface: Both businesses and customers benefit from a straightforward, easy-to-use interface that requires no specialized equipment or technical knowledge.

 

For consumers, Aani offers a simple and secure way to pay, removing the friction of dealing with cash or waiting for card transactions to clear. This is particularly convenient for day-to-day transactions, such as buying from local vendors or paying for services from independent contractors.

 

Benefits for the UAE’s Financial Ecosystem

While Aani is a boon for small businesses, it’s also gaining popularity with larger financial institutions. Banks in the UAE are integrating Aani into their services, recognizing its potential to streamline payments and offer enhanced customer convenience.

 

The UAE Central Bank has been actively supporting digital transformation across the country's financial services sector, with the aim of creating a more inclusive, efficient, and cashless economy. Aani is part of this broader initiative, helping to bring more businesses into the digital economy and encouraging the use of electronic payments.

 

For banks, Aani provides an opportunity to better serve their customers, especially those in the SME and micro-business sectors. The platform’s instant payment feature aligns with the demands of modern consumers who expect fast and frictionless transactions. By enabling payments through Aani, banks can enhance customer satisfaction and encourage greater use of digital banking services.

 

Boosting Financial Inclusion

One of the key goals of the Aani platform is to promote financial inclusion in the UAE. Many micro-businesses and informal traders operate in cash-heavy environments, which can be limiting in today’s increasingly digital marketplace. By offering a digital payment solution that is easy to adopt and cost-effective, Aani is helping these businesses transition to the digital economy.

 

“Small businesses are a critical part of the UAE’s economic fabric, and it’s essential to provide them with the tools they need to succeed,” added Pilbauer. “Aani is designed to make digital payments accessible to everyone, regardless of their size or technical capabilities.”

 

Future Prospects for Aani

As the UAE continues to advance its digital infrastructure, platforms like Aani are expected to play a pivotal role in shaping the future of payments. The platform’s ability to provide instant, secure, and low-cost payments makes it an attractive option for businesses of all sizes, from micro-businesses to larger enterprises.

 

The UAE’s vision of becoming a cashless economy is increasingly within reach as solutions like Aani gain traction. With a growing number of businesses and consumers adopting the platform, the demand for fast and secure digital payments is likely to keep rising.

 

Conclusion

'Aani' is set to transform the way payments are made in the UAE, particularly for micro-businesses that need fast, reliable, and cost-efficient solutions. By allowing instant transactions through QR codes and bypassing traditional banking intermediaries, the platform empowers businesses to access their funds immediately, improving cash flow and operational efficiency. As the UAE's financial landscape evolves, Aani stands out as a key player in driving digital payment adoption and financial inclusion across the country.

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LuLu Group’s Upcoming IPO Sparks Investor Excitement, Poised for Record Over-Subscription

As the LuLu Group prepares to launch its highly anticipated Initial Public Offering (IPO), there’s already widespread speculation that it could set a new record for retail investor over-subscription in the UAE. The hypermarket giant’s announcement on October 21 has triggered an overwhelming response, with UAE banks reporting an influx of calls from eager investors seeking to secure funds for the IPO. The subscription window opens on October 28 and runs until November 5, with the offer price set to be revealed on the first day of subscription.

 

For many UAE investors, especially those of Indian origin, the timing of LuLu’s IPO couldn’t be more symbolic. Coming just ahead of Diwali, a festival associated with prosperity and new beginnings, many are viewing their investment in LuLu as part of their Diwali spending, making it a festive financial commitment. This cultural and emotional connection to the brand could further fuel the rush for shares.

 

Background on LuLu Group and the IPO

LuLu Group International, based in Abu Dhabi, is one of the largest retail chains in the Middle East, known for its sprawling hypermarkets, supermarkets, and malls across the GCC, India, and other parts of Asia. The brand is especially popular among the expatriate communities in the UAE, who make up a significant portion of its loyal customer base.

Founded by Indian entrepreneur Yusuff Ali M.A. in the 1990s, LuLu has steadily grown to become a major player in the UAE’s retail sector, offering everything from groceries to electronics. Its wide range of products and affordable pricing have cemented its position as a household name, especially among budget-conscious families.

The company’s decision to sell 25% of its shares through an IPO marks a significant milestone in its journey. The proceeds from the IPO are expected to fuel the company’s ambitious expansion plans, which include opening 15 new stores and raising Dh1 billion. LuLu’s decision to go public is being seen as a strategic move, not only to attract capital but also to allow loyal customers to become shareholders in a brand they have patronized for decades.

 

Record-Breaking Potential

The LuLu IPO has all the hallmarks of becoming a record-breaker in terms of retail investor participation. There are several factors contributing to this potential:

  1. Strong Brand Recognition: LuLu enjoys widespread brand recognition in the UAE and beyond. For years, the brand has catered to a diverse customer base, particularly the expatriate community. Many of these customers are now looking to invest in the company that has been part of their daily lives, further driving demand for shares.

  2. First-Time Investors: A significant number of the anticipated subscribers are first-time investors. Many retail investors who have never participated in the UAE stock markets see this as an opportunity to invest in a trusted brand they are familiar with. This is likely to contribute to the high demand.

  3. Diwali Timing: The IPO subscription period coincides with the lead-up to Diwali, a time when many Indian families traditionally make significant financial decisions and investments. LuLu’s strong ties with the Indian community are likely to play a role in boosting investor sentiment during this festive season.

  4. Investor Enthusiasm: UAE bankers have noted that phones have not stopped ringing since the IPO announcement, indicating high levels of investor enthusiasm. The buzz surrounding the IPO is expected to intensify once the subscription period officially opens.

 

Will LuLu Break the Record?

Given the strong demand, industry analysts believe the LuLu IPO could very well break the record for retail investor over-subscription in the UAE. The last major IPO in the country, which also saw significant oversubscription, was ADNOC Distribution in 2017. However, the scale of LuLu’s customer base and the emotional connection many have with the brand could push this IPO to new heights.

Furthermore, LuLu’s decision to list 25% of its shares offers enough room for both institutional and retail investors to participate. This balance could help the company avoid some of the pitfalls of smaller offerings, where limited shares lead to fierce competition among investors.

 

A Game-Changer for UAE IPOs

If LuLu’s IPO does indeed set a new record, it could pave the way for more consumer-driven companies in the UAE to go public, especially those with large customer bases and strong brand loyalty. The IPO could also encourage more retail investors to participate in future offerings, boosting overall activity in the UAE stock markets.

The outcome of the LuLu IPO will not only be a significant moment for the company but could also shape the future of retail investments in the UAE. Investors and market watchers will be keenly observing whether LuLu will indeed rewrite the record books and set a new benchmark for oversubscription in the country’s IPO history.

As October 28 approaches, one thing is certain: the LuLu IPO is set to be one of the most closely watched and hotly contested financial events of the year in the UAE.

 

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NYK Law Firm Wins Rising Law Firm of the Year at ALB Middle East Law Awards 2024,Dubai

On October 17, 2024, at the Shangri-La Hotel in Dubai, NYK Law Firm was honored with the Rising Law Firm of the Year award at the prestigious Asian Legal Business (ALB) Middle East Law Awards. The award recognizes the firm's impressive growth and innovation in the legal field. Nasser Yousuf Alkhamis, the Managing Partner, proudly received the award on behalf of the firm. Led by Principal Partner Sunil Ambalavelil, NYK Law has rapidly emerged as a leader in the Middle East's legal landscape.

 

The ALB Middle East Law Awards is a renowned event celebrating the accomplishments of law firms and legal professionals in the region, focusing on innovation, client service, and excellence. This year, the awards brought together top legal minds to honor exceptional work in various practice areas.

 

NYK Law Firm, under the leadership of Principal Partner Sunil Ambalavelil and Managing Partner Nasser Yousuf Alkhamis, has quickly risen through the ranks, earning recognition for its remarkable contributions to commercial, corporate, and litigation practices. The firm offers a wide array of legal services, specializing in corporate law, real estate, intellectual property, banking and finance, and litigation, among others. Its quality solutions and commitment to client success have positioned it as a firm to watch in the region.

 

Sunil Ambalavelil, a prominent corporate and commercial lawyer, has been instrumental in shaping the firm’s strategic direction. His two decades of experience in leading international law firms and large diversified business conglomerates have allowed the firm to take on high-profile cases, building a reputation for delivering results. Nasser Yousuf Alkhamis, as Managing Partner, has complemented this with his leadership in fostering the firm’s growth, ensuring that NYK Law Firm remains innovative and client-focused.

 

In addition to this achievement, NYK Law Firm has formed strategic alliances with top law firms across the GCC, further solidifying its position of being one of the Best Law firms in Dubai and in the Gulf region. With a strong focus on client success and efficient legal solutions, NYK Law continues to make a significant impact in the Middle East.

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Dubai Police Warn of Rising Cyber Threats Amid Digital Transformation

As the digital world continues to evolve, Dubai Police have flagged significant concerns over future cyber threats, with biometric data theft and cyberterrorism looming large. Major Tarek Belhoul, head of the virtual assets crime section at Dubai Police, highlighted the growing risks posed by digital crimes during the National Summit on Financial Crime Compliance in Abu Dhabi.

 

Belhoul emphasized that as economies transition towards digitization, new forms of cybercrime are emerging. These include the poisoning of data and increasing criminal activities in the metaverse. He warned that tampering with data, especially through artificial intelligence (AI), could fuel misinformation and propaganda warfare, a tactic already observed in today's digital landscape. “We see a huge projection of crime in the metaverse and digital space as our economies are transforming into digital economies," Belhoul stated.

 

One area of concern is the misuse of biometric data, such as fingerprints, iris scans, and facial recognition. Criminals are leveraging these identifiers to impersonate individuals and gain unauthorized access. Additionally, malware, ransomware, and vulnerabilities in IoT (Internet of Things) devices have been exploited repeatedly for financial gain.

 

Belhoul stressed that while investments in infrastructure are essential, the focus must also shift to empowering individuals and strengthening legislation to combat these evolving threats. He praised the UAE’s proactive stance, becoming the first Arab country with a dedicated unit to combat virtual asset-related crimes.

 

Protecting Children in the Digital Age

Addressing the growing digital risks children face, Major Belhoul advised parents to spend at least one hour daily with their children to monitor their online activities. He recommended engaging in conversations about their digital interactions rather than restricting device use. "It's crucial for parents to understand who their children are interacting with online, especially when it comes to gaming," he said.

 

Belhoul revealed that Dubai Police had established a dedicated section to tackle digital crimes involving children, reflecting the increasing dangers within the gaming industry. He urged parents to remain vigilant, as seemingly innocent online activities can sometimes conceal more harmful realities.

 

The National Summit on Financial Crime Compliance, attended by officials from the UAE, US, Europe, and the GCC, focused on the pressing challenges posed by financial and cybercrimes. Experts discussed strategies to combat these global threats as digital technology continues to evolve.

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UAE Introduces Revolutionary Palm Vein Technology for Seamless Transactions

Imagine completing your daily transactions without needing your wallet or bank cards. Thanks to the new "Your Vein is Your Identity" project by the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP), this will soon become a reality in the UAE. The ground-breaking palm vein technology showcased at Gitex Global 2024 allows citizens, residents, and visitors to use their palm for identity verification, making tasks like opening a bank account or withdrawing cash more secure and convenient.

Just like fingerprints, the veins in your palm are unique, and this new system will use that uniqueness to verify your identity. Once implemented, the technology will eliminate the need for physical cards or mobile apps for transactions, providing a higher level of security as no visible bank data can be shared or stolen.

 

How Will the Palm Vein System Work?

To start using this innovative technology, users will need to register their palm vein through the ICP’s system, which will link it to their Emirates ID. The registration process is quick and easy. Once linked, users can access a variety of services across government, semi-government, and private sector entities, thanks to the integration of databases across these departments through ICP’s enterprise system.

 

Key Uses of Palm Vein Technology

  1. Identity Verification: Whether it's withdrawing cash from an ATM or opening a bank account, you will be able to complete these tasks with just a scan of your palm, eliminating the need for a debit card or any other ID.
  2. Making Payments: The palm scan will also allow for seamless payments without needing your phone or wallet. Simply wave your hand over a sensor, and your payment is complete.
  3. Cashback at Shops: One of the most exciting features is the ability to withdraw cash directly from retail shops, even if there’s no ATM nearby. For example, after purchasing a meal for Dh50, you could request Dh50 cashback from the cashier using your palm. The total amount of Dh100 would be deducted from your bank account, offering a convenient way to access cash on the go.

This palm vein project marks a significant step in making everyday transactions faster, safer, and more convenient in the UAE.

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UAE Aims to Become a Global Entrepreneurship Leader by 2031 with Focus on SME Growth

The UAE is positioning itself as a global leader in entrepreneurship by 2031, with significant reforms aimed at supporting small and medium enterprises (SMEs). Over 60 laws have been amended to promote SME growth and enhance their contribution to the national economy, as stated by Alia bint Abdulla Al Mazrouei, Minister of State for Entrepreneurship.

 

Speaking at the Expand North Star 2024 event, Al Mazrouei highlighted that the UAE has been ranked the best place in the world to start and operate a business for the third consecutive year by the Global Entrepreneurship Monitor (GEM) 2023/2024 report. The nation hosts more than 50 government and private incubators and accelerators, demonstrating a vibrant ecosystem that fosters entrepreneurship.

 

SMEs currently make up 95% of companies operating in the UAE and employ 86% of the private sector workforce, contributing 63.5% to the country’s GDP. The number of Emirati-owned SMEs grew by 10.4% in 2022, reflecting the sector's steady expansion.

 

The UAE’s supportive environment for entrepreneurship includes various initiatives such as the National Programme for Small and Medium Enterprises, The Entrepreneurial Nation, and the Future 100 initiative. The government has also launched free economic zones and industrial complexes, offering competitive tax rates, reduced fees for obtaining the National Value Added Certificate, and granting 10-year golden visas to entrepreneurs and talented individuals.

 

The UAE continues to collaborate with local, regional, and international partners to achieve its goal of becoming a global hub for entrepreneurship by 2031, with a focus on sectors like FinTech, sustainable manufacturing, smart mobility, and artificial intelligence. According to Al Mazrouei, entrepreneurship is a key factor in driving innovation, creativity, and economic growth across the UAE’s SME sector.

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Dubai Taxi Company Partners with Bolt: A New Era in E-Hailing Services

In a significant move to expand its footprint in the booming e-hailing market, the Dubai Taxi Company (DTC), listed on the Dubai Financial Market (DFM), has entered into a partnership with Bolt, the Estonian mobility services firm. This collaboration aims to create the largest e-hailing platform in the UAE, unlocking a larger share of the Dh6 billion market for e-hailing services in Dubai.

 

A Game-Changer for E-Hailing Services

The partnership will enable the integration of Dubai Taxi’s fleet into the Bolt platform by the end of the year, making as many as 6,000 taxis and limousines available for e-hailing. Bolt, which operates in over 50 countries and boasts a customer base of more than 200 million users, is well-positioned to enhance DTC’s service offerings and increase its market presence.

This initiative comes at a time when the demand for e-hailing services is on the rise, driven by changing consumer preferences for convenient and accessible transportation options. By leveraging Bolt's advanced technology and extensive network, Dubai Taxi Company aims to enhance customer experience and streamline operations.

 

Strengthening Market Position

The collaboration is expected to provide Dubai Taxi Company with a competitive edge in the local market, where several players are vying for dominance in the e-hailing sector. The Dh6 billion market represents a lucrative opportunity for growth, and DTC is keen to capitalize on this potential through the partnership with Bolt.

Khaled Al Awadi, CEO of Dubai Taxi Company, expressed enthusiasm about the partnership, stating, "We are excited to collaborate with Bolt, a leader in the global mobility sector. This partnership will not only enhance our service offerings but also provide our customers with a seamless and efficient transportation experience."

 

Innovative Solutions for Users

The Bolt platform is known for its user-friendly interface and efficient service, which aligns with DTC’s vision of providing high-quality transportation solutions. Customers will soon be able to book rides through the Bolt app, gaining access to a diverse range of vehicles, including taxis and limousines, all at competitive prices.

Moreover, the partnership is expected to bring innovative features such as real-time tracking, cashless payment options, and a loyalty rewards program, enhancing the overall user experience.

 

A Step Towards Future Mobility

As cities around the world continue to embrace smart mobility solutions, the partnership between Dubai Taxi Company and Bolt marks a significant step toward transforming transportation in Dubai. By harnessing technology and innovation, the collaboration aims to create a more sustainable and efficient transportation ecosystem, benefiting both residents and visitors alike.

This partnership not only underscores Dubai’s commitment to enhancing its transportation infrastructure but also positions it as a leader in the regional mobility landscape. With the integration of 6,000 vehicles onto the Bolt platform, Dubai Taxi Company is set to make a lasting impact on the future of e-hailing services in the UAE.

 

Conclusion

The collaboration between Dubai Taxi Company and Bolt signifies a major advancement in the e-hailing sector, offering new opportunities for growth and improved service delivery. As the demand for convenient transportation solutions continues to rise, this partnership is poised to redefine the way people travel in Dubai, setting the stage for a more connected and accessible future.

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UAE Unveils 'Fast Track' App to Streamline Visitor Immigration Process

In an exciting development unveiled at the Gitex Global 2024 tech event in Dubai, the UAE introduced the 'UAE Fast Track' app, which will allow visitors to register their data before arriving in the country, significantly simplifying the immigration process. This cutting-edge initiative will enable non-resident arrivals to pass through smart gates, bypassing the traditional queues at immigration and passport control, thus offering a faster and more efficient entry experience.

Revolutionizing the Entry Process

Major General Suhail Saeed Al Khaili, Director-General of the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP), made the announcement at the tech show. He emphasized that the app is designed to eliminate the need for physical registration upon arrival, providing visitors with a seamless entry into the UAE.

Instead of the current procedure that involves lining up at immigration counters, the app will allow users to pre-register their personal information and travel details, enabling them to pass through the smart gates upon landing. The process is designed to be hassle-free and reduce waiting times, offering a smoother and faster experience for visitors.

Enhancing UAE's Digital Leadership

The 'UAE Fast Track' app is part of a broader effort by the UAE to solidify its position as a global leader in digital transformation and innovation. Major General Al Khaili highlighted that this initiative reflects the country's ongoing commitment to enhancing visitor experiences by reducing bureaucracy, streamlining procedures, and leveraging cutting-edge technology to facilitate ease of travel.

As the UAE continues to prioritize digital innovation, the app not only aligns with the country's forward-thinking approach but also enhances its global standing in terms of technological advancements in travel and tourism. The initiative is expected to benefit millions of visitors each year, whether for business or leisure, by making their entry into the country more convenient.

A Smooth and Comfortable Travel Experience

In addition to shortening wait times, the 'UAE Fast Track' app offers several other advantages. Visitors will no longer need to physically register at immigration stations upon arrival. Instead, by using the app to submit the necessary data beforehand, they will experience a much smoother and faster transition from landing to exiting the airport.

This innovation aims to make travel to the UAE more attractive by offering a high level of convenience for tourists and business travelers. By enhancing the overall travel experience, the UAE is set to maintain its appeal as a leading global destination for visitors from all over the world.

Conclusion

With the launch of the 'UAE Fast Track' app, the UAE has taken another significant step toward revolutionizing its travel and tourism infrastructure. By enabling visitors to pre-register their details and use smart gates, the app will streamline entry procedures and improve efficiency at airports across the country.

As part of the UAE's commitment to innovation and digital transformation, this new development not only enhances convenience for travelers but also reinforces the country's leadership in embracing technology to improve essential services. The 'UAE Fast Track' project promises to make visits to the UAE easier, more efficient, and more comfortable than ever before.

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Elon Musk Celebrates Successful SpaceX Rocket Landing in Texas After Historic Test Flight

Elon Musk has expressed his delight after SpaceX successfully returned its fifth Starship test flight to its Texas launch pad, marking another significant step toward revolutionizing space travel.

The test flight on Sunday was particularly noteworthy as it marked the first time the rocket’s towering first-stage booster, known as the "Super Heavy," returned using giant metal arms to secure its landing. This engineering milestone is part of SpaceX’s broader mission to develop fully reusable spacecraft capable of undertaking missions to the Moon, Mars, and beyond.

Liftoff occurred at 7:25 AM CT from SpaceX's Boca Chica facilities, where the Super Heavy booster propelled the Starship second stage rocket towards space. After reaching an altitude of approximately 70 kilometers, the booster separated and began its controlled descent back to Earth. In a carefully orchestrated maneuver, the booster reignited three of its 33 Raptor engines to slow its descent, guiding itself back to the launch site.

The towering 71-meter Super Heavy booster descended into the launch tower’s arms, securing itself using four forward grid fins to steer through the air. This is the first time SpaceX has successfully caught the massive rocket with the tower's metal arms, a feat that will play a crucial role in making future missions more efficient and cost-effective.

“This landing brings us one step closer to Mars,” Musk shared on social media, celebrating the achievement and the continued progress in SpaceX’s goal of creating reusable rockets that will make space travel more accessible and sustainable.

The successful landing marks a critical moment for SpaceX as the company continues pushing the boundaries of rocket reusability, a key factor in making deep-space exploration more affordable. With the development of the Starship system, SpaceX is positioning itself as a leader in space exploration, with plans to use the vehicle for crewed missions to the Moon and Mars in the coming years.

As SpaceX continues to achieve engineering breakthroughs, the dream of sending humans to other planets is moving closer to reality.

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Authors Guild Partners with Created by Humans to Empower Writers in Licensing

The Authors Guild has teamed up with the online platform Created by Humans to launch a partnership aimed at enabling authors to license their works to AI developers, ensuring they maintain control over how their content is used.

As the largest professional organization for writers in the US, the Authors Guild is working to protect and promote authors' rights in the face of rapid AI advancements. The partnership is designed to put authors "in the driver's seat" when it comes to AI licensing, allowing them to decide if, when, and how AI companies use their works. This move comes amid legal battles involving AI companies, such as OpenAI, which have faced lawsuits from authors and media organizations for allegedly using copyrighted material without permission to train large language models (LLMs).

The platform will offer authors a clear path to control, manage, and monetize their content, providing AI developers with access to high-quality, curated written works—fully authorized by the rightsholders. Mary Rasenberger, CEO of the Authors Guild, emphasized that this initiative offers authors a way to engage with AI platforms on their own terms, ensuring they are fairly compensated for the use of their works.

As generative AI technology becomes increasingly prevalent, Rasenberger highlighted the urgency of returning control to authors and their publishers, stating that licensing is the key to achieving this. She pointed out that, while licensing deals are already being made between publishers and AI companies, authors themselves have often been left out of these discussions.

Created by Humans co-founder and CEO, Trip Adleris, described the collaboration as a way to build ethical AI systems that respect creators' rights while advancing technology. The platform will open for author and publisher registration later this year, with plans to offer licenses to AI companies by early 2025, providing a new revenue stream for authors and enabling AI developers to access authorized, accurate content.

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Honoring Ratan Tata: A Legacy of Vision, Leadership, and Philanthropy

Ratan Tata, the former chairman of Tata Sons, has made significant contributions to fostering India-Gulf economic relations. Under his leadership, the Tata Group expanded its presence in the Gulf region, contributing to key sectors such as automotive, telecommunications, and infrastructure. Notably, Tata Motors’ commercial vehicles became prominent in Gulf markets, while Tata Consultancy Services (TCS) provided IT services to many companies across the region. His emphasis on strengthening bilateral trade, collaboration, and investment helped pave the way for stronger ties between India and the Gulf, benefiting both economies.

Ratan Tata should be remembered for his visionary leadership, ethical business practices, and commitment to social responsibility. He transformed the Tata Group into a global conglomerate, spearheading innovations across industries like steel, automotive, and technology while maintaining a strong focus on philanthropy. 

His decision to acquire international brands like Jaguar Land Rover and Corus Steel brought global recognition to Indian industry. Beyond business, his emphasis on community welfare through initiatives in healthcare, education, and rural development has left a lasting positive impact. His legacy lies in shaping India's industrial growth with integrity, compassion, and a global outlook.

Former Chief Justice of India Ranjan Gogoi pays tribute to Ratan Tata, says 'a great loss for India', "It was an honor and privilege to share a few moments with the great person that he was," said Gogoi, adding, "Not only has Business India lost a visionary leader, but the entire country has lost a man who inspired all for several decades."

Sunil Ambalavelil, Principal Partner of NYK Law Firm, Dubai, pay tributes to Ratan Tata, “He was a visionary who created global opportunities, generating employment and empowering people. His legacy will inspire future generations, and we honor the positive change he made.”

Oscar Award winning Musician AR Rahman took to X to pay tributes to Ratan Tata, “Some icons are living textbooks, teaching us about leadership, success, and legacy. Extraordinary yet human and approachable, they inspire and guide us. India has lost a true son and champion. Rest in peace, Ratan ji”.

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UAE Signs 20 Comprehensive Economic Partnership Agreements, Six Now Operational

The UAE has successfully signed Comprehensive Economic Partnership Agreements (CEPAs) with 20 strategic nations, six of which are already operational, according to Dr. Thani bin Ahmed Al Zeyoudi, UAE’s Minister of Foreign Trade. Speaking on Tuesday, he emphasized the UAE's focus on fostering global trade partnerships and future growth opportunities.

“We have now finalized around 20 CEPAs, with six currently in effect, including those with key regional players like India and Turkey. These agreements open new markets for our exporters, manufacturers, and investors, granting access to nearly a quarter of the world’s population. They are driving growth across Asia and the Middle East,” said Dr. Al Zeyoudi.

The UAE's first CEPA with India was implemented on May 1, 2022. Since then, the country has forged CEPAs with major trade partners such as Israel, Chile, Colombia, Turkey, Indonesia, Georgia, and Cambodia, significantly boosting trade by reducing tariffs in bilateral agreements.

Dr. Al Zeyoudi was speaking at the 4th Global Trade and Supply Chain summit, organized by The Economist. The two-day event featured discussions by top officials from the UAE, GCC, and the US, covering topics like AI in logistics, global talent shortages, and the future of trade.

“In the first half of 2024, our non-oil foreign trade reached Dh1.4 trillion, marking an 11.2% increase from the same period in 2023. Notably, our non-oil exports saw a 25% rise, reaching Dh256 billion, setting new records,” the minister noted.

He also highlighted the UAE’s impressive trade growth, which outpaced global averages. “While global trade grew by just 1.5% in the first six months of 2024, our proactive trade policy resulted in growth eight times that figure. In the last three weeks alone, we have concluded CEPAs with Australia, New Zealand, Serbia, and Georgia, underscoring the scale and ambition of our CEPA program,” Al Zeyoudi added.

Reaffirming the UAE’s commitment to multilateral trade, the minister said, “Expanding trade benefits all economies. That’s why the UAE continues to support a global trading system, rejects isolationism, and fosters connections from South America to the Asia-Pacific. We remain one of the most globally connected countries.”

He also emphasized the importance of the UAE's logistical infrastructure and its role as a major supply chain hub. “Trade is central to the development of nations, especially in the Global South. Over the last 50 years, we’ve seen how trade boosts productivity, creates jobs, drives innovation, and raises living standards.”

Dr. Al Zeyoudi concluded by asserting that while other nations may link trade with politics, the UAE will continue to focus on the economic opportunities of tomorrow.

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Rising Credit Card Fraud in the UAE: A Growing Crisis for Residents Amidst Bank Negligence

In the UAE, residents are increasingly falling victim to credit card fraud, facing debt that can amount to as much as Dh120,000. This growing issue, where customers are often blamed instead of finding solutions, is putting financial strain on many individuals. From unauthorized credit card charges to emptied bank accounts, residents are left battling recovery agents and legal threats, often without adequate support from their banks.

One alarming case involves an individual who discovered fraudulent credit cards issued in his name, each maxed out to around Dh30,000. The fraudsters had manipulated bank systems to reroute statements to fake email addresses and control OTPs (One-Time Passwords) meant for the legitimate account holder. Despite the clear signs of fraud, the banks initially held the victim responsible, demanding payment for the debt, which exceeded Dh120,000. While some banks eventually waived the charges after a legal battle, others continue to insist on repayment.

This case is not isolated. Across the UAE, residents are reporting similar incidents of fraud. With cyberattacks increasing, including phishing, DDoS, and ransomware, many individuals are finding their accounts drained or credit cards charged without their knowledge. The issue is compounded by banks often failing to notify customers about suspicious activity in a timely manner, leaving account holders in a vulnerable position.

One resident discovered her credit card was used abroad, despite never leaving the UAE. Another had her card charged even after it had been blocked. In yet another case, a customer found that multiple unauthorized transactions had occurred without any OTP verification. In all of these instances, the banks shifted the blame to the customers, threatening legal action and sending recovery agents to harass the victims.

For many residents, the process of recovering stolen funds and restoring their financial standing is long and arduous. Some victims, even after extensive legal battles, are still facing significant debt and rising fees. The lack of immediate support or acknowledgment from banks leaves victims feeling trapped in a system where they are held accountable for security failures beyond their control.

The issue goes beyond individual cases. Insider involvement and bank security lapses are suspected to play a role in these fraud incidents. Banks are being urged to adopt advanced technology to protect against cyber breaches. Implementing systems like AI-driven fraud detection, blockchain-based identity verification, and SIM-swap detection tools are critical measures needed to safeguard customers from future fraud.

Despite these technological solutions, accountability remains a key issue. Banks have a duty of care to protect their customers, and when they fail to do so, they should be held liable. Recent court rulings in the UAE have demonstrated that banks can be ordered to compensate victims of fraud, particularly in cases where security measures were inadequate or not enforced.

While efforts to enhance cybersecurity in the financial sector are underway, including real-time cyber-attack simulations and webinars focused on data protection, many victims continue to face unresolved cases. The tendency of some banks to shift responsibility onto customers rather than address internal shortcomings only worsens the situation. Until stronger measures are put in place and banks are held accountable for their role in these breaches, residents may continue to find themselves burdened by debts they did not incur.

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Wynn Resorts Secures UAE's First Commercial Gaming License for Integrated Resort

Wynn Resorts, the renowned hotel and casino operator, has been granted the UAE’s first commercial gaming licence by the General Commercial Gaming Regulatory Authority (GCGRA). The Las Vegas-based company is currently developing Wynn Al Marjan Island, the first integrated gaming resort in the Middle East and North Africa (MENA) region. Set to open in early 2027, the project will be located on a 62-hectare island extending into the Arabian Gulf.

 

This new resort in Ras Al Khaimah will feature both gaming and non-gaming amenities, with the latter including 1,542 rooms and suites, as well as 22 private villa estates. It will also be the first beachfront property among Wynn’s global locations, which include Las Vegas, Macau, and Boston Harbor.

 

The GCGRA defines commercial gaming as any game of chance or a combination of chance and skill where money is wagered to win a sum of money or valuable items. Wynn Al Marjan Island’s gaming facilities will operate under strict regulations set by the GCGRA, which has carried out an extensive review of the licence process.

 

The resort’s construction began in 2023, with the 300-metre-tall resort tower expected to be completed by late 2025. While the gaming component is highly anticipated, Wynn Al Marjan Island will also focus on boosting the UAE’s tourism economy with its luxury offerings.

 

This is the second licence issued by the GCGRA, following the issuance of a licence for the country’s first authorised lottery to Abu Dhabi-based The Game LLC in July.

 

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LegalTech Market Set for Growth as AI and Automation Transform Services

The global LegalTech market is set to experience significant growth in the coming decade, driven by advancements in artificial intelligence (AI), automation, and increased demand for efficient legal solutions. According to Future Market Insights, the market, valued at USD 29.60 billion in 2024, is projected to reach USD 68.04 billion by 2034, registering a robust compound annual growth rate (CAGR) of 8.7%.

Key Drivers of Growth

The rapid digital transformation within the legal industry, the need for cost-effective operations, and regulatory changes are some of the primary factors contributing to the expansion of the LegalTech market. Automation and AI-driven technologies are reshaping legal services, allowing law firms, corporate legal departments, and government organizations to streamline operations and enhance decision-making processes.

The adoption of AI and machine learning is revolutionizing various legal tasks such as document review, contract drafting, case research, and litigation support. These tools are enabling faster, more accurate legal processes while reducing manual workloads. Additionally, the need for regulatory compliance in industries such as finance, healthcare, and corporate governance is driving the demand for LegalTech solutions that help businesses stay compliant with increasingly complex regulations.

UAE Perspective

The UAE is emerging as a significant player in the global LegalTech market due to its commitment to innovation and digital transformation across industries. As part of its broader economic vision, the UAE is integrating advanced technologies into its legal framework, making it easier for legal entities to adopt digital solutions.

AI-driven legal platforms and blockchain technology are gaining traction in the UAE’s legal industry, as they offer greater transparency, efficiency, and cost reduction. The growing interest in cybersecurity solutions for legal platforms is another key trend, given the country's emphasis on protecting digital infrastructure.

With the UAE’s focus on becoming a global hub for technology and business, the LegalTech market in the region is expected to witness increased adoption among law firms, corporate legal departments, and government bodies. The country's drive for regulatory compliance, coupled with its ambitions for innovation in legal processes, makes it a crucial player in the global LegalTech landscape.

Global Trends and Opportunities

Globally, the LegalTech sector is evolving rapidly, with AI, blockchain, and machine learning becoming essential components of modern legal services. The market is seeing a surge in demand for solutions like contract lifecycle management, e-discovery, legal analytics, and compliance platforms.

One of the major trends shaping the market is the increasing interest in blockchain for legal contracts and documentation, offering secure and transparent ways to manage legal agreements. The integration of AI in legal research and compliance management is also transforming how law firms and businesses handle legal tasks, making them more efficient and accurate.

The LegalTech market presents significant growth opportunities in emerging markets, particularly in regions such as Latin America, Asia-Pacific, and the Middle East. Small and medium enterprises (SMEs) are also expected to contribute to the market’s expansion, as they adopt technology-driven solutions to reduce costs and improve legal operations.

Market Leaders and Competitive Landscape

Thomson Reuters continues to lead the global LegalTech market with its comprehensive suite of legal software solutions and AI-driven platforms. Other major players include RELX Group, Clio, Litera, Wolters Kluwer, and iManage, all of which are expanding their portfolios through innovative technologies and strategic acquisitions.

These companies are driving the adoption of AI, automation, and cloud-based solutions, which are increasingly favored for their scalability, enhanced security features, and ability to support remote working—a trend amplified by the COVID-19 pandemic.

Market Segmentation and Regional Outlook

The LegalTech market is segmented into various solutions, including cloud-based and on-premises platforms, case management, document management, contract lifecycle management, and billing and accounting systems. Law firms and corporate legal departments are the primary end-users, with a growing demand for integration and consulting services to implement these technologies effectively.

Geographically, North America remains the largest market for LegalTech solutions, followed by Europe. However, regions like East Asia, South Asia, and the Middle East & Africa (MEA) are expected to witness significant growth in the coming years, as legal entities in these regions increasingly adopt technology-driven solutions to meet rising regulatory demands and improve operational efficiency.

In conclusion, the global LegalTech market is on a path of rapid expansion, fueled by the increasing adoption of AI, automation, and digital transformation in legal services. The UAE, with its focus on innovation and regulatory compliance, is well-positioned to play a key role in the sector’s growth, both regionally and globally.

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Dubai Court Rejects $100 Million Copyright Claim, Rules in Favour of Gaming Firm

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Bitcoin's Unexpected Stability in 2024: A Turning Point for Long-Term Investors

Bitcoin, long known for its dramatic price swings, has surprised investors in 2024 by exhibiting a level of stability previously unseen in its history. As the largest cryptocurrency by market capitalization remains range-bound between $65,000 (Dh238,745) and $70,000 (Dh91,826), this newfound stability is causing many to reconsider their views on whether Bitcoin can now be considered a safer, long-term investment.

Bitcoin's History of Volatility

Since its inception in 2009, Bitcoin has been synonymous with extreme volatility. Early adopters witnessed the cryptocurrency skyrocket from mere cents to thousands of dollars in just a few years, while skeptics watched the value plummet just as quickly during market corrections. These wild price fluctuations were often linked to regulatory concerns, security breaches on exchanges, or broader economic factors affecting investor sentiment. As a result, Bitcoin has been viewed as a high-risk asset class, appealing mostly to speculative investors seeking quick profits.

However, in 2024, Bitcoin has largely traded within a narrow price range, maintaining a level of consistency that has surprised many market analysts. This newfound stability raises a critical question: Has Bitcoin matured to the point where it is now a viable long-term investment?

What’s Behind the Stabilization?

Several factors contribute to the current stability in Bitcoin’s price. Firstly, broader adoption of the cryptocurrency, both by institutional investors and by major corporations, has lent Bitcoin a degree of legitimacy and reduced the speculative swings that once defined it. In addition, as more financial products linked to Bitcoin—such as exchange-traded funds (ETFs) and futures contracts—become available, investors now have more sophisticated tools to manage their exposure, leading to a less volatile market.

Moreover, regulatory clarity in key markets like the U.S. and the European Union has eased concerns about government crackdowns, which have historically caused panic selling among investors. As global financial institutions increasingly view Bitcoin as a store of value or a hedge against inflation, the asset class is experiencing more widespread acceptance, stabilizing its price.

Is Bitcoin Becoming a Safe Investment?

The reduction in Bitcoin’s volatility has prompted fewer analysts to take a polarizing stance on its viability as an investment. In past years, financial experts were often divided into two camps: those who believed Bitcoin was a bubble destined to burst, and those who viewed it as the future of money and a hedge against inflation. Now, the middle ground is becoming more populated, as even former skeptics are acknowledging the cryptocurrency’s growing resilience.

“Bitcoin has shown a remarkable ability to weather market turbulence and maintain a strong value proposition as a decentralized asset,” said one cryptocurrency analyst. “With price fluctuations becoming more subdued, Bitcoin is transitioning from being a speculative asset to a more stable form of digital gold.”

That said, experts caution that while Bitcoin's volatility has decreased, it is far from a "risk-free" investment. Cryptocurrencies remain vulnerable to external forces such as changes in regulation, technological disruptions, or macroeconomic trends. Nonetheless, the improved stability has made Bitcoin a more attractive option for investors who were previously deterred by its unpredictability.

Institutional Investors on Board

One of the key drivers of Bitcoin’s recent stability is the growing participation of institutional investors. Large financial firms, hedge funds, and even pension funds are increasingly allocating a portion of their portfolios to Bitcoin. This influx of capital has contributed to less erratic price movements, as institutional players are generally more focused on long-term gains rather than short-term speculation.

Major corporations are also adding Bitcoin to their balance sheets, seeing it as a hedge against inflation and currency devaluation. This corporate interest further strengthens Bitcoin’s position as a mainstream financial asset, fostering confidence among individual investors who may have once viewed it as a fringe investment.

Regulatory Developments

Regulation has long been a significant factor in Bitcoin’s price movements. In the early years, the threat of government crackdowns or the outright banning of cryptocurrency transactions could send prices into a tailspin. However, 2024 has seen increased regulatory clarity in many major markets. Governments are now implementing clear frameworks that allow for the responsible use of cryptocurrencies, reducing the uncertainty that once caused panic in the market.

This regulatory transparency has encouraged more investors to enter the market, knowing that their investments are safeguarded by legal protections. As countries continue to develop and refine their cryptocurrency regulations, Bitcoin could become even more stable, potentially cementing its status as a long-term investment vehicle.

The Future of Bitcoin: Is It Truly Risk-Free?

While Bitcoin’s recent stability is a promising development, experts urge caution. Cryptocurrency markets are still relatively young, and Bitcoin’s price could remain susceptible to factors like regulatory changes, technological advancements, or shifts in investor sentiment. Although Bitcoin may no longer be the wild rollercoaster it once was, it remains an asset with inherent risks.

Investors considering Bitcoin as part of their portfolio should carefully weigh its potential for growth against the risks that come with investing in a digital currency. The current trend of reduced volatility may continue, but Bitcoin’s future trajectory is far from guaranteed.

Conclusion

Bitcoin's transformation in 2024, from a notoriously volatile asset to one with more consistent price movements, has marked a significant turning point in its evolution as a financial asset. While the cryptocurrency is not entirely risk-free, its stability is making it a more attractive option for long-term investors. With increased institutional adoption, regulatory clarity, and reduced price swings, Bitcoin may finally be shedding its reputation as a speculative asset and evolving into a reliable investment option.

As always, investors should remain vigilant and stay informed about potential risks, but Bitcoin’s recent performance suggests that it is indeed moving toward becoming a more stable asset class in the global financial landscape.

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PJT Partners Acquires deNovo Partners, Marking Strategic Entry into Middle East Market

PJT Partners, a leading global investment bank, has announced the acquisition of Dubai-based deNovo Partners, one of the Middle East’s foremost corporate finance and M&A advisory firms. This strategic move marks PJT Partners' formal entry into the Middle East, expanding its global footprint and enhancing its service capabilities in the region.

Headquartered in New York, PJT Partners operates worldwide with around 1,000 professionals. The firm specializes in strategic advisory, mergers & acquisitions, fundraising, and restructuring services. By acquiring deNovo Partners, PJT Partners now strengthens its presence in a key financial hub, positioning itself to better serve regional and international clients with business interests in the Middle East.

A Strategic Expansion into the Middle East

While PJT Partners has previously worked on several high-profile deals in the Middle East, the acquisition of deNovo Partners establishes its first physical office in the region. This new Dubai office joins PJT’s network of offices located in major financial centers such as New York, London, Paris, Frankfurt, Hong Kong, and Tokyo.

“We are delighted to welcome deNovo Partners into the PJT family as we continue to grow our global footprint,” said Paul Taubman, Chairman and CEO of PJT Partners. “This acquisition strengthens our ability to serve clients both in the Middle East and internationally, leveraging deNovo’s deep regional expertise.”

deNovo Partners: A Regional Powerhouse in M&A

Founded in 2010 by May Nasrallah, a former head of Morgan Stanley’s investment banking business in the MENA region, deNovo Partners has established itself as one of the leading home-grown corporate finance and M&A firms in the Middle East. The firm has grown into a 20-person team, with its senior professionals bringing extensive experience from top-tier investment banks and financial advisory firms.

deNovo Partners has a strong track record in mergers & acquisitions, having completed over 100 transactions valued at more than $15 billion. The firm also specializes in capital raising, debt advisory, financial restructuring, and valuations, making it a well-rounded player in the region's financial services industry.

Notable transactions for deNovo Partners in 2024 include securing a $3.25 billion financing facility for Dubai-based GEMS Education—one of the largest private-sector M&A deals in the Middle East this year. The firm also facilitated the sale of a 35% stake in Brands For Less, a Lebanese-origin retail company, to The TJX Companies at a $1.2 billion valuation.

A Long-Standing Partnership Becomes Permanent

The acquisition builds on a strategic alliance that PJT Partners and deNovo Partners formed in 2020. According to Nasrallah, the timing was ideal for a full integration. “Having worked closely with PJT Partners for years, I’ve always admired the world-class platform they’ve built in such a short span of time. This merger allows us to enhance our capabilities and serve our clients on a truly global scale,” she said.

Nasrallah, a seasoned finance professional with decades of experience, sees the acquisition as a natural progression. She emphasized the shared commitment between both firms to delivering high-quality advice and maintaining long-term client relationships. “We are thrilled to join forces with PJT Partners. Together, we can build on this strong foundation and expand our services to clients globally,” she added.

What the Acquisition Means for PJT Partners

For PJT Partners, this acquisition significantly enhances its ability to navigate the Middle Eastern market, an increasingly important region for corporate finance and M&A activities. With deNovo Partners' established reputation and expertise, PJT gains access to a deep network of regional businesses and investors, providing a solid platform to grow its operations across the Middle East.

The deal, whose terms have not been publicly disclosed, is expected to be finalized next month. This acquisition is a key milestone in PJT Partners’ strategy to extend its global reach and further penetrate high-growth markets.

As PJT Partners continues to expand its presence internationally, the firm’s integration of deNovo Partners signals its commitment to delivering top-tier financial advisory services across the globe, while leveraging local expertise to create more value for its clients. 

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Brazilian Supreme Court Orders X (formerly Twitter) to Pay Fines for Non-Compliance

The Brazilian Supreme Court has ruled that X, formerly known as Twitter, must pay fines for failing to comply with a court order requiring the appointment of a legal representative in Brazil. This decision comes after a prolonged legal dispute between the social media platform and Brazilian authorities, who have been pushing for compliance with local laws governing foreign companies operating in the country.


The Supreme Court’s ruling effectively means that X will be unable to resume its full activities in Brazil until the fines are paid and the company adheres to the legal requirement of having a local representative. This representative would serve as the company’s point of contact with the Brazilian government, ensuring that X complies with national regulations.


Brazil has been strict in enforcing its digital laws, particularly with foreign tech companies, as part of its efforts to regulate online content and hold platforms accountable for any legal issues that arise. The Brazilian authorities have expressed concerns over the role of social media in spreading misinformation, hate speech, and other harmful content, which has led to increased pressure on companies like X to conform to local laws.


X's parent company, now under the leadership of Elon Musk, has faced various legal challenges worldwide as it rebrands and restructures its operations. In Brazil, this non-compliance has resulted in fines, and the company must now act quickly to appoint a representative and settle the fines to restore its standing in the country.
It remains to be seen how X will navigate this legal hurdle, but the ruling sends a strong message that Brazil is serious about enforcing its regulations on international companies operating within its borders.

 

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UFC Reaches $375 Million Settlement in Class-Action Lawsuit: Another Case Still Pending

The UFC has reached a $375 million settlement with a group of former fighters in a class-action lawsuit, marking a major development in the ongoing legal battles surrounding the organization’s business practices. The agreement, reached on Thursday, comes after a previous settlement was rejected by a Nevada district judge, forcing the UFC to return to negotiations.

Background of the Lawsuit

The lawsuit, initially filed in 2014, alleges that the UFC (Ultimate Fighting Championship) engaged in anti-competitive practices that limited fighters’ earning potential. Fighters claimed that the UFC maintained a near-monopoly over the MMA (Mixed Martial Arts) industry, preventing them from pursuing more lucrative contracts with rival promotions. According to the fighters, this allowed the UFC to keep fighter compensation artificially low, even as the company’s revenues soared.

The plaintiffs, which include former UFC fighters, argue that the organization’s restrictive contracts and exclusive promotional rights violated U.S. antitrust laws. The UFC, while denying any wrongdoing, has consistently fought back, arguing that its contracts are legal and in line with industry standards.

The Settlement Details

The $375 million settlement is a substantial sum and a clear indication that the UFC is seeking to put this particular legal issue behind them. The settlement will provide compensation to the fighters who were part of the class-action suit, which includes athletes who competed in the UFC between December 2010 and June 2017.

The settlement was finalized after a previous agreement was thrown out by a Nevada district judge, who ruled that the initial deal did not adequately address the fighters' concerns. This ruling forced both sides back to the negotiating table, eventually leading to the higher settlement amount.

Although the UFC has not admitted any wrongdoing in connection with the settlement, the financial payout is one of the largest in the history of MMA and could have wide-reaching implications for how fighter contracts are structured in the future.

Ongoing Legal Challenges

Despite the settlement, the UFC’s legal troubles are far from over. Another class-action lawsuit, involving a different group of former fighters, remains unresolved. This case, which is still pending, centers around similar claims of anti-competitive practices and unfair fighter pay.

The outcome of this second lawsuit could potentially have further financial and operational implications for the UFC, especially if the fighters involved win their case or reach a separate settlement agreement.

Impact on Fighters and the MMA Industry

The settlement is likely to have a lasting impact on the way the UFC and other MMA promotions conduct business. Over the years, fighters and industry insiders have long criticized the pay structure within the UFC, with many arguing that fighters deserve a larger share of the promotion's substantial revenue streams.

UFC President Dana White has frequently dismissed such criticisms, maintaining that the UFC compensates its fighters fairly. However, the lawsuit and subsequent settlement underscore the growing discontent among athletes who feel underpaid for their efforts, particularly in light of the billions of dollars the UFC has generated from pay-per-view events, sponsorship deals, and media rights.

Some industry experts believe that the settlement could pave the way for more transparency in fighter pay, with the potential for future adjustments to the revenue-sharing model between fighters and promoters. The case has also highlighted the ongoing debate about whether MMA fighters should have a union or association to collectively bargain for better pay and working conditions, similar to athletes in other professional sports leagues.

The UFC’s Response

While the UFC has not publicly commented on the specifics of the $375 million settlement, the organization remains firm in its stance that it operates within the boundaries of the law. In past statements, UFC officials have pointed to the growth of the sport under their leadership and the increasing opportunities for fighters to compete at the highest level.

It is likely that the UFC will continue to face pressure from fighters and advocates calling for reforms to how athletes are compensated, but for now, the organization has taken a significant step toward resolving one of the major legal challenges it faces.

Conclusion

The $375 million settlement represents a major milestone in the long-standing legal battle between the UFC and its former fighters. While this settlement resolves one class-action lawsuit, another remains pending, meaning the UFC’s legal struggles are not entirely over. The broader impact of this settlement on fighter pay, contract practices, and the MMA industry as a whole could be profound, potentially leading to lasting changes in how fighters are compensated for their work inside the Octagon.

For now, fighters who were part of the class-action lawsuit can expect to receive compensation from the settlement, but the future remains uncertain as the UFC navigates the remaining legal challenges.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels

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Amazon Unveils Project Amelia: A New AI Assistant for Online Merchants

Amazon.com Inc. has unveiled a new artificial intelligence (AI) assistant, codenamed Project Amelia, designed to help online merchants navigate and enhance their business operations on the platform. The announcement came during Amazon's annual Accelerate conference, marking another major step in the company's efforts to stay ahead in the competitive AI landscape alongside tech giants Microsoft, Google, and OpenAI.

A New AI-Driven Era for Amazon Sellers

The introduction of Amelia aims to simplify and streamline the often-complex process of selling on Amazon, particularly for smaller merchants who may not have the resources to manage every detail of their online business. Amelia is capable of answering a wide range of questions, from how sellers should prepare for peak shopping periods like the holiday season to offering optimized product listing suggestions.

Amelia’s design focuses on practical, real-time assistance for merchants. It can generate product descriptions, create or modify images, and even help sellers develop product videos—an increasingly important tool for engaging customers in the e-commerce space. The AI assistant was introduced as part of a suite of tools Amazon is rolling out to help its marketplace sellers, who contribute to the majority of sales on the platform.

Building on Amazon’s AI Foundations

Amazon’s push to integrate AI across its platform reflects the broader competitive landscape in the tech industry. The company has been increasingly relying on AI to enhance both customer and seller experiences. Amelia is built atop Bedrock, a software platform that simplifies access to large language models from third parties as well as Amazon's own proprietary models.

During a demonstration at the Accelerate conference, Amelia was shown helping sellers generate bullet points about their product lines and providing recommendations. Over time, the AI assistant is expected to become more personalized and anticipatory, adapting to the needs of individual merchants. Mehta also stated that Amelia will eventually be able to take certain actions autonomously on behalf of the sellers.

Amazon’s Larger AI Ambitions

Amazon has been heavily investing in AI-powered solutions across its platform. Recently, it introduced Amazon Q, a workplace chatbot designed to assist corporate clients with searching for information, writing code, and reviewing business metrics. Meanwhile, Rufus helps consumers with product comparisons on the Amazon website.

For marketplace sellers, in particular, Amazon has rolled out various AI-driven tools aimed at optimizing product listings and improving business operations. These include software that helps sellers enhance their listings, create more compelling imagery, and, as of Thursday’s announcement, tools for creating product videos. Amelia is currently available in beta for a select group of sellers and is set to roll out across the U.S. in the coming month, with plans for international availability by the end of the year.

AI and Seller Autonomy

While Amelia is seen as a tool to enhance merchant autonomy, Amazon’s relationship with its third-party sellers has often been criticized for being overly reliant on algorithms. Many sellers have expressed frustration over account suspensions due to algorithmic errors, which they say can occur without explanation or proper recourse.

In response to such concerns, Amazon demonstrated at the conference how Amelia would handle common seller issues. For instance, if a product shipment is missing from Amazon’s records, Amelia would attempt to solve the problem. If unable to do so, it can escalate the issue to Amazon’s support team, showing a clear recognition of the need for more human interaction in the automated seller relationship.

Legal Opinion: Implications of AI Assistance for Sellers

While AI tools like Amelia promise to provide substantial benefits to online merchants, there are several legal and operational concerns that sellers should be aware of. One major issue is liability—if Amelia provides incorrect guidance or if an automated action taken on behalf of a seller leads to a negative outcome, such as a financial loss or breach of contract, who would bear the responsibility? Amazon’s terms of service likely include limitations on liability for these AI-driven tools, but merchants should thoroughly review these terms to understand the legal risks.

Furthermore, the increasing use of AI in Amazon's marketplace raises privacy and data protection concerns. Sellers should be vigilant about what data is shared with Amazon’s AI systems, especially sensitive business information that could potentially be exposed to unauthorized parties. Additionally, sellers should ensure compliance with international data protection regulations, such as the General Data Protection Regulation (GDPR), if they are operating in or serving European customers.

Finally, there is the broader question of fair competition. As Amazon continues to automate and streamline seller processes through AI, smaller businesses could be at a disadvantage if they lack the technological literacy or resources to fully utilize these tools. Regulatory authorities may need to examine whether the increasing reliance on AI in marketplaces like Amazon creates barriers to entry or unfairly benefits larger, more tech-savvy sellers.

Conclusion

Amazon’s launch of Amelia, an AI assistant designed to simplify the selling experience for merchants, represents a significant leap in the company's use of artificial intelligence. By offering personalized support for managing product listings, preparing for key sales seasons, and troubleshooting issues, Amelia has the potential to make selling on Amazon easier and more efficient. However, merchants should be aware of the potential legal and operational risks associated with relying on AI-powered tools and take the necessary precautions to safeguard their businesses.

As Amazon continues to expand its suite of AI solutions, the dynamics of online selling are likely to evolve further, making it essential for merchants to stay informed about both the benefits and risks that these new technologies present.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels

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Understanding the Importance of Labour Cards for Employment in the UAE

In the UAE, all employees are required to possess a labour card, issued either by the free zone in which they work or the Ministry of Human Resources and Emiratisation (MoHRE). This essential document serves as official proof of employment and is a key form of identification. It includes important details such as the job title, employer, and the expiry date of the work permit. Without a valid labour card, individuals are not legally allowed to work in the UAE.

While the UAE has shifted to issuing digital labour cards, employees can still download and print a physical copy if preferred. Though the digital version offers convenience, some may find the physical card useful for specific purposes.

Importance of the Labour Card

The labour card is essential not only for residents but also for those benefiting from the country's visa amnesty programme, which runs until October 30. Over 4,000 individuals have been interviewed by various companies in just the first two weeks of the initiative. Those securing employment under this programme will require a valid labour card to work legally.

Having a labour card not only ensures compliance with employment laws but also offers a sense of security, as it confirms legal employment status in the UAE.

How to Access and Print Your Labour Card

Although physical labour cards are no longer issued, obtaining a physical copy is simple. Here's how:

1. Through the MoHRE Website

2. Through the MoHRE App

  • Log into the MoHRE app using your UAE Pass.
  • Tap on 'Employee.'
  • Enter your labour card number, and your labour card will be displayed.
  • To print a copy, simply tap 'Print.'

Retrieving Labour Information

If you are uncertain about your labour card details, contact MoHRE at 600590000. By providing your Emirates ID number for verification, they will share your labour details over the phone. You can also access most of your information by logging into the MoHRE app and visiting the 'Dashboard.' However, note that your transaction number will not be visible in the app; for this, refer to your employment contract.

Having a labour card is crucial for ensuring your legal employment status in the UAE, and while digital formats are the norm, getting a physical copy is just a few clicks away.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels

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Dubai Customs Busts Major Marijuana Smuggling Operation, Seizes 54kg of Banned Substance

In a significant victory for law enforcement, Dubai Customs successfully intercepted a major marijuana smuggling operation, seizing 54 kilograms of the banned substance. The operation uncovered 13 attempts by smugglers, who used sophisticated methods to conceal the drugs in vacuum-sealed plastic bags hidden within food product boxes to avoid detection.

This operation is part of the UAE's ongoing fight against drug trafficking, underscoring the country’s firm stance on maintaining public safety and a drug-free society.

Advanced Smuggling Techniques Unravelled

According to authorities, the marijuana was cleverly compressed and vacuum-sealed to mask its odor and reduce its volume, allowing the smugglers to transport large quantities in compact spaces. The drugs were concealed within well-known brand food product boxes to blend in with legitimate cargo. 

Despite the sophisticated methods employed, Dubai Customs officials were able to detect the smuggling attempts, thanks to advanced scanning technologies and meticulous inspection protocols.

The smugglers, reportedly from an Asian country, had been using these tactics for an extended period, attempting to exploit trade routes from Gulf nations​. Dubai's customs agents, utilizing world-class detection techniques, have been able to stay ahead of increasingly sophisticated smuggling attempts, reaffirming their critical role in global anti-narcotics efforts.

Stringent Drug Laws in the UAE

The UAE’s drug laws are among the strictest in the world, reflecting the country’s zero-tolerance stance on narcotics. Federal Law No. 30 of 2021 on Combating Narcotics and Psychotropic Substances enforces harsh penalties for possession, trafficking, and use of illegal drugs​.

Even possession of small amounts of banned substances like marijuana can result in a minimum of four years in prison, with fines starting at AED 20,000 (USD 5,400). Those convicted of drug trafficking face life imprisonment or, in cases of large-scale operations, the death penalty​.

These severe punishments reflect the UAE’s commitment to curbing drug-related crime and protecting public health. The country’s laws also cover a wide range of activities, including possession of drug paraphernalia and trafficking with intent to supply. Non-citizens convicted of drug crimes are automatically deported following the completion of their sentences.

Recent Legal Amendments and Rehabilitation Focus

While the UAE maintains a tough stance on drugs, recent amendments to its narcotics laws have introduced more lenient penalties for first-time offenders. Under certain circumstances, first-time possession offenders may be sent to rehabilitation centers instead of facing imprisonment​.

This shift towards rehabilitation highlights the country's evolving approach to addressing addiction issues, allowing individuals struggling with drug dependency to seek treatment and reintegrate into society.

The amendments also grant the attorney general the authority to divert offenders to rehabilitation programs without a formal court trial, provided they cooperate with law enforcement and have no prior criminal record​.

However, repeat offenders and those involved in trafficking or large-scale smuggling operations continue to face harsh penalties, including significant fines and extended prison sentences.

Continued Enforcement and Global Cooperation

Dubai Customs' recent success in intercepting the 54-kilogram marijuana shipment is just one example of the UAE’s ongoing efforts to combat international drug trafficking. The country works closely with international law enforcement agencies, including Interpol, to share intelligence and coordinate operations that target global smuggling networks​.

The UAE’s cooperation with international bodies has allowed it to remain at the forefront of anti-drug trafficking efforts. The National Central Bureau (NCB) of the UAE, a liaison between local authorities and Interpol, facilitates real-time information sharing and plays a key role in coordinating global operations targeting drug routes and traffickers​.

Impact on Society and Public Safety

The successful seizure of 54 kilograms of marijuana highlights the importance of stringent border controls and law enforcement efforts in maintaining public safety. Drug trafficking poses significant risks to society, including the potential for increased drug abuse, organized crime, and public health crises. The UAE’s commitment to preventing the flow of illegal drugs into the country not only protects its citizens but also sends a strong message to international traffickers that the nation remains vigilant against illegal activities.

The severe penalties and zero-tolerance approach have been largely effective in curbing drug abuse within the UAE, making the country one of the safest in the world regarding narcotics control. However, some experts argue that a more balanced approach, which includes harm reduction strategies and expanded rehabilitation programs, could further enhance the nation’s efforts to combat drug addiction and reintegrate offenders into society​.

Conclusion

Dubai Customs’ recent seizure of 54 kilograms of marijuana is a testament to the UAE's relentless efforts to combat drug trafficking. As the country continues to strengthen its anti-narcotics laws and enforcement capabilities, it remains a global leader in the fight against illegal drug trade. With a combination of strict legal penalties, cutting-edge technology, and international cooperation, the UAE is poised to maintain its position as a drug-free nation, safeguarding both its citizens and visitors from the dangers of narcotics.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels

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Safeguard Your Business: Common IP Mistakes and How to Prevent Them

In today’s competitive and dynamic business landscape, intellectual property (IP) is one of the most valuable assets a company can hold. From patents and trademarks to copyrights and trade secrets, IP forms the bedrock of innovation and brand recognition. 

 

However, many businesses, particularly small and mid-sized enterprises, often overlook or underestimate the importance of IP, resulting in legal disputes and a loss of competitive edge. 

Here, we explore three common mistakes businesses make when managing their intellectual property assets and how they can be avoided.

 

Neglecting to Register Intellectual Property

One of the most critical errors businesses make is failing to formally register their intellectual property. IP being a highly territorial right especially in the GCC, requires registration in each jurisdiction where the business wishes to secure the right to use it. Formal registration with the relevant authorities grants businesses exclusive rights and legal protection against infringement.

 

Failing to register a trademark, patent, or copyright leaves companies vulnerable, as, in many jurisdictions, the first entity to register an IP asset is recognized as the legitimate owner, regardless of who created or initially used the work. There are certain exceptions, such as cases where "passing off" may be recognized, but these are not universally applicable.

 

In the UAE, for example, trademarks must be registered with the Ministry of Economy to prevent unauthorized use of a brand name or logo. If a business develops an innovative product or process, filing a patent application ensures it can enforce its rights if another party infringes on its invention. Companies can lose millions in revenue due to a lack of foresight in registering their IP, potentially facing costly litigation and rebranding efforts. To avoid such pitfalls, businesses must prioritize IP registration and seek legal counsel to ensure proper and timely filing.

 

Intellectual property is crucial for shaping and sustaining a business's brand identity, acting as a key factor in setting it apart in the market. For instance, trademarks safeguard the brand's name, logo, and tagline elements that customers closely link with the company's reputation, quality, and core values. Copyrights protect unique content, including marketing materials and product designs, which help maintain the brand's distinct creative style.

 

By securing IP rights, businesses can not only deter competitors from imitating their brand features but also boost customer confidence and loyalty. Proper IP management enables a company to create a unique market presence, enhance customer interaction, and build lasting brand value, which in turn leads to greater market share and profitability.

 

Inadequate Protection Measures for Intellectual Property

Another common mistake is failing to implement sufficient measures to protect intellectual property from theft or misuse. This is particularly important for trade secrets and confidential information, which require robust safeguards.

 

A significant concern is the inadequate use of Non-Disclosure Agreements (NDAs). NDAs serve to prevent third parties from disclosing sensitive information, but many businesses either fail to use them effectively or neglect to enforce them. Additionally, weak digital security measures can result in data breaches, exposing valuable IP assets to external threats.

 

To protect their IP, businesses must establish clear internal policies, secure NDAs with contractors and employees, and conduct regular audits. Unfortunately, many companies overlook the need for robust protection systems until it is too late. By developing a comprehensive IP management strategy and working closely with legal professionals, companies can avoid the damaging consequences of intellectual property theft.

 

Failure to Conduct IP Due Diligence

Many companies, especially during mergers and acquisitions, neglect to conduct thorough due diligence on intellectual property, a misstep that can have disastrous consequences. For instance, if a company acquires another firm without verifying the validity of its patents or trademarks, it may face unexpected infringement lawsuits, resulting in substantial penalties. In the UAE, businesses are expected to carry out thorough investigations into IP assets before completing acquisitions to ensure compliance with local enforcement requirements.

 

Due diligence involves verifying whether the IP being acquired is properly registered, free of ongoing disputes, and transferable. Without this investigation, businesses risk acquiring IP that may be embroiled in litigation or lack enforceable protection, leaving them open to infringement claims. Moreover, neglecting to review licensing agreements can result in violations of contractual terms, adding another layer of legal risk.

 

Engaging a specialized IP lawyer during the acquisition process is crucial to avoid these pitfalls. An IP audit should precede every transaction, thoroughly assessing any risks or legal encumbrances that may impact the future use or enforcement of the assets.

 

Conclusion

Intellectual property is often the cornerstone of a business’s innovation and profitability. Yet, many companies fail to protect and manage these assets effectively. Whether through neglecting to register IP, insufficient protective measures, or inadequate due diligence, the risks can be substantial. By taking proactive steps to register, protect, and audit their intellectual property, businesses can not only safeguard their innovations but also strengthen their market competitiveness and ensure long-term success.

 

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels

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Unlocking Success in the UAE's Booming eCommerce Market: A Comprehensive Guide to Starting Your Online Business

Thinking about starting your own online business in the UAE? There’s never been a better time! With the rapid growth of eCommerce in the country, driven by 99 percent of the population being active internet users, it’s clear that the online market here is thriving. In fact, eCommerce in the UAE is projected to generate more than $6.7 billion (Dh24.6 billion) in revenue in 2024 alone, and this figure is expected to rise to $9.3 billion (Dh34.15 billion) by 2028, according to eCommerceDB, a leading data provider for online sales.

Whether you're planning to sell jewelry, crafts, or services, one of the first steps in launching an online business in the UAE is obtaining an eCommerce license. Here’s how you can get started:

Step 1: Choose Your Business Structure

Before applying for an eCommerce license, you’ll need to decide on the legal structure of your business. Common options include:

  • Sole Proprietorship: Ideal for individuals who want full control of their business.
  • Limited Liability Company (LLC): Suitable for partnerships or those seeking to protect personal assets.
  • Free Zone Company: Offers benefits like full foreign ownership and tax advantages, but may have restrictions on doing business in the mainland.

Step 2: Select the Right Jurisdiction

In the UAE, there are two main options for setting up a business: mainland and free zone. The choice of jurisdiction will depend on where you plan to operate your business.

  • Mainland License: Allows you to operate throughout the UAE without any restrictions.
  • Free Zone License: Ideal for eCommerce businesses primarily focused on international markets. Popular free zones for eCommerce include Dubai Internet City (DIC) and Dubai Silicon Oasis (DSO).

Step 3: Apply for an eCommerce License

Once you've chosen the structure and jurisdiction, you can apply for your eCommerce license. Here’s how:

  1. Select a Business Activity
    You’ll need to specify what products or services you’ll be selling online, whether it’s fashion, electronics, or professional services. Your license will need to reflect this activity.
  2. Register Your Business Name
    Choose a unique name for your business that complies with the UAE’s naming conventions. It must not include offensive language or any references to religious or political entities.
  3. Submit Necessary Documents
    Depending on your chosen structure and jurisdiction, you’ll need to submit various documents, such as:
    • A completed license application form
    • A copy of your passport and visa
    • A business plan or detailed description of your activities
  4. Pay the License Fees
    Fees for an eCommerce license in the UAE can vary depending on the jurisdiction and the size of your business. Free zones typically offer cost-effective packages for startups, while mainland licenses may require additional government approvals.

Step 4: Build Your Online Presence

With your eCommerce license in hand, you can now start building your online store or service platform. Here’s what you’ll need:

  • Website Development: Your website is your storefront, so ensure it’s user-friendly, mobile-optimized, and secure.
  • Payment Gateway: Set up a payment gateway that allows you to accept various forms of payment, including credit cards and digital wallets.
  • Marketing Strategy: Invest in digital marketing, including social media, SEO, and online advertising, to drive traffic and boost sales.

Step 5: Stay Compliant

Once your eCommerce business is up and running, it’s important to remain compliant with UAE laws. This includes keeping accurate financial records, renewing your business license annually, and ensuring your business activities align with the regulations set out by your license.

Why the UAE is Ideal for eCommerce

The UAE’s business-friendly environment and robust digital infrastructure make it an ideal place for online businesses. With 99 percent internet penetration, a tech-savvy population, and a growing market, there are countless opportunities to succeed. Plus, the UAE government actively supports digital entrepreneurs through initiatives like free zones and simplified business licensing processes.

Setting up an online business in the UAE is a promising venture in today’s booming eCommerce market. By following the necessary steps to obtain your eCommerce license and building a strong online presence, you can tap into one of the fastest-growing sectors in the region. Whether you’re selling products or offering services, the UAE offers a fertile ground for your online business to thrive.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Global Sting Operation Dismantles Encrypted Messaging App 'Ghost' Used by Criminals Worldwide

A major global operation led by law enforcement agencies has dismantled an encrypted messaging app called Ghost, which had been used by criminals worldwide to facilitate drug deals, money laundering, and contract killings. The sting operation, which involved authorities from nine countries, culminated in the arrest of a 32-year-old Australian suspected to be the app's mastermind. The app, marketed as "unhackable," was exploited by organised crime networks across Italy, the Middle East, and Asia.

The Global Crackdown

The app, known for its stringent encryption and anonymity features, was secretly hacked by law enforcement authorities, who monitored criminal activities for two years before making their move. During this period, they intercepted thousands of messages related to illegal operations, including threats of violence. Authorities in Australia, Europe, and North America conducted simultaneous raids, resulting in the arrest of numerous suspects, including the creator of the app, whose residence was raided with tactical precision. He was caught off-guard and unable to destroy crucial evidence.

Europol's executive director Catherine De Bolle emphasized that the operation highlights the futility of criminals attempting to evade justice by using encrypted platforms. The international sting also demonstrates the growing sophistication of law enforcement in tackling the rise of encrypted communication tools designed to facilitate crime.

The 'Ghost' App: An Encrypted Haven for Criminals

Launched in 2021, Ghost was unlike traditional messaging apps like WhatsApp or Telegram. It could only be accessed via highly modified smartphones, which were sold at premium prices. These devices, coupled with a subscription to the Ghost service, allowed users to communicate anonymously without providing any personal details or phone numbers. The app employed multiple encryption layers and offered features like remote "self-destruct" of messages and the ability to reset phones if compromised by authorities.

Users of Ghost were predominantly criminal organisations, according to Europol, who found no evidence of the app being used for legitimate purposes. It became a preferred tool for organised crime syndicates involved in drug trafficking, weapons smuggling, and money laundering.

Law Enforcement’s Legal Strategy and the Challenge of Encrypted Platforms

The international sting to dismantle Ghost raises critical legal questions about the regulation and use of encrypted messaging platforms. While encryption itself is not illegal and is widely used to protect privacy in legal communications, apps like Ghost pose unique challenges. Their purpose appears to have been designed specifically to support illegal activities by offering an ecosystem that shields users from law enforcement surveillance.

Encrypted messaging platforms exist in a legal grey area. On one hand, these services provide necessary privacy protections for individuals, journalists, and human rights advocates. On the other, they can be exploited by criminal networks for illegal activities, as seen in this case. The balance between safeguarding individual privacy and ensuring these platforms aren't used as "playgrounds for criminals," as Europol deputy executive director Jean-Philippe Lecouffe stated, is a legal dilemma that authorities worldwide continue to grapple with.

The challenge for law enforcement lies in obtaining lawful access to encrypted communications while respecting the legal rights of users. The infiltration of Ghost required cooperation between multiple countries and agencies, and this type of cross-border collaboration is becoming increasingly essential in the fight against organised crime using encrypted technology.

Legal Implications for App Developers and Service Providers

The takedown of Ghost also underscores the legal responsibility of app developers and service providers. Platforms that offer encryption must strike a balance between protecting user privacy and ensuring their services are not exploited for illegal purposes. Authorities around the world are pressuring private companies to cooperate with law enforcement efforts, ensuring that their platforms are not used to facilitate crime.

In jurisdictions like the European Union, there are discussions about regulations that require companies to provide law enforcement with access to encrypted data under certain circumstances. However, these proposals are met with resistance due to concerns over the potential erosion of privacy rights. The dismantling of Ghost and previous platforms like EncroChat and ANOM illustrates the ongoing tension between privacy and security, raising the possibility of future legal reforms in the space of encrypted communications.

As legal debates evolve, it is becoming clear that encrypted platforms, while crucial for personal privacy, also present significant risks when exploited by criminal networks. The Ghost case reinforces the need for a nuanced approach that upholds justice without compromising the legal right to privacy.

Law enforcement agencies are sending a strong message that no matter how secure criminals believe their platforms are, they can and will be penetrated in the name of justice. This operation also signals to other developers that their platforms could become the target of similar investigations if they fail to regulate their user base and ensure their technology is not being misused.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Unlock Exclusive Benefits with the Fazaa Card: Your Guide to Discounts and Rewards in the UAE

The Fazaa card provides exclusive discounts and benefits across various sectors, such as healthcare, entertainment, food, beauty, and more. This guide walks you through the eligibility requirements and steps to apply for the card.

Who Can Apply?

The Fazaa card is available to the following groups:

  • Government and Semi-Government Employees: Employees working in public sector organizations.
  • Ministry of Interior Staff: Employees of the Ministry are eligible to apply.
  • UAE Nationals in the Private Sector: Emirati citizens employed by private companies.
  • Frontline Heroes: Recognized frontline workers can apply.
  • Hemam Members: Individuals holding the People of Determination card issued by the Zayed Higher Organisation, both UAE citizens and residents.

Application Process

  1. Company Eligibility: The first step is to ensure your employer is registered with Fazaa. Registration is limited to specific entities.
  2. Enter Company Code: You will need to input your company’s code during the application.
  3. Provide Personal Information: After entering the code, fill out the required personal details. You will receive a verification SMS.
  4. Complete the Application: If any additional details are required, submit them to finalize the membership. Once confirmed, you can download the Fazaa mobile app and log in using your membership number and password.
  5. Membership Upgrades: Fazaa offers various card tiers, such as Discount, Silver, Gold, and Platinum, which you can upgrade to after initial registration.

For Hemam Members (People of Determination)

Hemam members can apply for a Fazaa card through the Zayed Higher Organisation’s website or app by registering with their ID number. A confirmation SMS will be sent with the membership number and password.

Alternatively, they can apply via the Ministry of Community Development’s official website by submitting the following documents:

  • Copy of Emirates ID
  • Passport copy
  • Personal photo (white background)
  • Medical report
  • Valid residence visa (for at least six months, if applicable)

Once the documents are submitted, the membership number and password will be sent via SMS, allowing you to activate your membership.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

 

 

 

 

 

 

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Securing Life Insurance in the UAE: A Detailed Guide for Protecting Your Family’s Financial Future

Financial planning and insurance, is important to understand the critical role life insurance plays in protecting your family’s financial future. In the UAE, securing life insurance is relatively straightforward, but it requires careful consideration of policies, legal requirements, and family needs. This guide outlines the steps to obtain life insurance and the key factors to consider from a legal perspective.

 1. Understand the Importance of Life Insurance

Life insurance provides financial protection to your beneficiaries in the event of your death. It can cover expenses such as outstanding debts, funeral costs, children’s education, and living expenses. For expatriates and residents in the UAE, life insurance ensures that your family remains financially secure, especially since they may not have access to benefits such as pensions or social security payments in their home countries.

2. Determine the Type of Life Insurance Policy

  There are two main types of life insurance in the UAE:

   - Term Life Insurance: This provides coverage for a specific period (e.g., 10, 20, or 30 years). If the insured passes away during this time, the beneficiaries receive the pay-out. It is generally more affordable and straightforward.

   - Whole Life Insurance: This policy provides coverage for the entire life of the insured and includes an investment component, which can accumulate cash value over time. Premiums are higher, but it offers more long-term benefits.

 3. Calculate the Coverage Amount

Determining how much coverage you need is a crucial step. The coverage amount should account for:

   - Outstanding debts (e.g., mortgage, loans)

   - Future living expenses for dependents

   - Education costs for children

   - Funeral and medical expenses

   - Any other financial obligations

A general rule of thumb is to choose a policy that covers at least 10 times your annual income. However, this varies depending on your family’s specific financial situation.

 4. Choose a Reputable Insurance Provider

In the UAE, numerous international and local insurance companies offer life insurance policies. 

When selecting an insurer, ensure they are licensed by the UAE Insurance Authority and regulated under the UAE Insurance Law (Federal Law No. 6 of 2007). Check the company’s financial stability, customer service ratings, and reviews.

 5. Understand Legal Requirements for Expats and Residents

The UAE does not have mandatory life insurance requirements, but expatriates, in particular, should consider taking a policy due to the absence of social safety nets for their families. The process of obtaining life insurance may differ based on residency status:

   - Expatriates: No restrictions on purchasing life insurance, but expatriates should ensure their policy is valid worldwide and covers them during international travel.

   - UAE Nationals and Residents: Life insurance is fully accessible, but careful attention should be paid to policy terms regarding beneficiaries, pay-outs, and Sharia-compliant products (for Muslim families).

 6. Designate Your Beneficiaries

Legally, you must designate beneficiaries who will receive the pay-out in case of your death. In the UAE, if you are a Muslim, Sharia Law applies to your estate. This means that the distribution of your assets, including life insurance pay-outs, will be guided by Islamic inheritance laws unless specific provisions are made.

   - Non-Muslim expatriates: You can freely name your beneficiaries and specify the distribution of your insurance proceeds. However, it is advisable to register a will with the Dubai International Financial Centre (DIFC) Wills and Probate Registry to ensure the payout distribution follows your wishes.

 7. Complete a Medical Examination

Most life insurance policies in the UAE require the policyholder to undergo a medical examination. This helps insurers assess the risk and determine premium rates. The healthier you are, the lower your premiums will likely be. Some policies may offer coverage without a medical exam, but they often come with higher premiums.

 8. Review and Compare Premiums

Once you’ve narrowed down your options, compare the premiums and benefits of different policies. Factors that affect premiums include:

   - Age and health condition

   - Smoking status

   - Coverage amount and type of policy (term or whole life)

   - Occupational hazards (certain jobs may increase premiums)

It is advisable to seek quotes from multiple providers and, if necessary, consult with a financial advisor to ensure you get the best value for your policy.

 9. Legal Documentation and Policy Issuance

Once you’ve selected a provider and completed all requirements, you will need to fill out a formal application. The insurance company will review your application, medical records, and financial information. After approval, you’ll receive a legal contract, known as a policy document, which outlines the terms, conditions, premiums, and pay-out structure.

Ensure that all legal documentation is thoroughly reviewed, including the disclosure of pre-existing conditions. Failure to disclose crucial information could lead to denial of claims later on.

 10. Ensure Regular Premium Payments

After the policy is issued, make sure to pay your premiums regularly to keep the policy active. If payments are missed, the policy could lapse, and your beneficiaries might not receive the payout. Some providers offer flexible premium payment options, such as monthly, quarterly, or annual payments.

 Conclusion

Taking out life insurance in the UAE is a crucial step in safeguarding your family’s financial future. From understanding the types of policies to considering legal implications under Sharia Law or expatriate regulations, it is essential to approach the process with careful planning. Consulting with a legal or financial expert can help you navigate the complexities and make informed decisions, ensuring your loved ones are protected no matter what.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels. 

 

 

 

 

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Essential UAE Laws: A Guide for Residents, Visitors, and Businesses

The United Arab Emirates (UAE) has established a dynamic and progressive legal system designed to support the country's rapid economic growth and its diverse population. Whether you are a resident, visitor, or business owner, understanding the essential laws of the UAE can simplify your life and ensure that you remain compliant with the legal standards. Here is an overview of the key laws in the UAE that are vital for navigating everyday life and business.

1. Labor Law: Rights and Protections for Employees

The UAE’s Labour Law is primarily governed by Federal Law No. 33 of 2021 regarding the Regulation of Labor Relations. This law outlines the rights and duties of employees and employers in the private sector, ensuring fair treatment and labor protections for all workers.

Key provisions:

- Employment Contracts: Every employee must have a written employment contract that clearly defines the terms of employment, including job title, salary, working hours, and benefits.

- Work Hours: The maximum working hours are 48 hours per week or eight hours per day, with exceptions for specific industries.

- End-of-Service Benefits: Upon termination of employment, employees are entitled to end-of-service gratuity, calculated based on the employee’s salary and years of service.

- Equal Treatment: The law prohibits any form of discrimination based on race, gender, or nationality, ensuring equal pay for equal work.

- Health Insurance: Employers are required to provide health insurance to their employees, covering essential medical services and emergency care.

2. Immigration and Residency Law: Visa and Work Permit Regulations

The UAE's Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP) governs immigration laws, ensuring smooth entry and residency for expatriates.

Key provisions:

- Work Visas: Employers are responsible for applying for work visas and residence permits on behalf of foreign workers. This process includes a medical examination, Emirates ID application, and residence visa stamping.

- Golden Visa Program: The Golden Visa offers long-term residency options for investors, entrepreneurs, and highly skilled professionals, enabling them to live in the UAE for up to 10 years.

- Five-Year Green Visa: Skilled workers and freelancers can apply for the Green Visa, which allows them to live and work in the UAE without employer sponsorship for five years.

- Visa Overstays and Amnesty: The UAE periodically announces amnesty programs for individuals who have overstayed their visas, allowing them to either regularize their status or leave the country without penalties.

3. Personal Status Law: Family Matters and Inheritance

The UAE’s Personal Status Law is based on Islamic Sharia principles and governs matters related to marriage, divorce, child custody, and inheritance.

Key provisions:

- Marriage: Both Muslim and non-Muslim residents can marry in the UAE, but they must follow specific legal procedures and register their marriage with the appropriate authorities.

- Divorce: The law provides detailed guidelines on how divorce can be initiated and the financial obligations that follow, including alimony and child support.

- Inheritance: For Muslims, inheritance is governed by Sharia law, which specifies how assets are to be distributed among heirs. Non-Muslims can elect to have their home country’s laws applied to their estate through a registered will.

4. Commercial Law: Business Operations and Contracts

The UAE is an international business hub, and its legal framework is designed to facilitate efficient business operations while protecting investors and entrepreneurs.

Key provisions:

- Commercial Companies Law: Under Federal Decree-Law No. 32 of 2021, companies must comply with local ownership rules, with certain exceptions in free zones, where foreign investors can own 100% of their businesses.

- Consumer Protection Law: The Consumer Protection Law ensures that consumers are protected from fraudulent practices, including misleading advertising, price manipulation, and defective products.

- Bankruptcy Law: UAE’s Federal Bankruptcy Law No. 9 of 2016 provides businesses with a legal framework to restructure debts or declare bankruptcy in case of insolvency, helping them recover or exit the market responsibly.

5. Anti-Discrimination and Anti-Hate Law

The UAE’s Federal Decree Law No. 2 of 2015 aims to promote tolerance and peaceful coexistence among its diverse population by criminalizing discrimination on the basis of religion, race, gender, or ethnicity.

Key provisions:

- Hate Speech: The law prohibits the spread of hate speech, whether verbal, written, or online.

- Religious Freedom: Individuals and groups are free to practice their religion, as long as it does not incite violence or hate.

- Harassment and Defamation: Defamation and harassment, including on social media, are criminal offenses and can lead to fines or imprisonment.

6. Cybercrime Law: Protecting Digital Activities

The UAE’s Cybercrime Law, governed by Federal Decree-Law No. 34 of 2021, aims to protect individuals and businesses from cyber threats, including hacking, fraud, and the misuse of personal data.

Key provisions:

- Online Fraud and Hacking: Engaging in cyber fraud, identity theft, or unauthorized access to computer networks is a serious crime, punishable by imprisonment and hefty fines.

- Deep Fake Technology: Recently, the UAE’s Cyber Security Council has warned against the creation and distribution of deep fake content, which can mislead viewers and result in significant legal repercussions, including defamation, fraud, and privacy violations.

- Data Protection: The law protects individuals' privacy, with stringent measures for how personal data is collected, stored, and processed by companies.

7. Traffic Law: Road Safety and Violations

The UAE’s Traffic Law, governed by Federal Law No. 21 of 1995, has been instrumental in reducing traffic accidents and improving road safety.

Key provisions:

- Speed Limits and Fines: The law imposes strict speed limits, with penalties for violations including fines, black points on the driver’s license, and vehicle confiscation for severe offenses.

- Driving Under the Influence: Driving under the influence of alcohol or drugs is a criminal offense in the UAE, with penalties ranging from fines to imprisonment and the suspension of driving privileges.

- Seat Belts and Child Safety: The law mandates the use of seat belts for all passengers and requires children under the age of 10 to be seated in child safety seats.

Conclusion

The UAE's legal framework is designed not only to maintain law and order but also to support the smooth functioning of everyday life, business operations, and personal matters. Familiarizing yourself with these key laws will help you avoid legal issues and ensure a seamless experience while living or doing business in the UAE. From labor rights to immigration procedures, personal status regulations to cybercrime prevention, the UAE’s legal system is structured to make life easier for its residents and visitors.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels. 

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Dubai Real Estate Market Hits $33.8 Billion in Q2 2024: Key Drivers Behind the Surge

Dubai’s real estate market has seen unprecedented growth in recent years, with transactions worth $33.8 billion in Q2 2024 alone. Several factors are driving this surge:

Government Initiatives and Incentives

The introduction of the Freehold Decree in 2002, allowing foreign investors to own property in designated freehold areas like Dubai Marina, has played a pivotal role. The Golden Visa program, which offers long-term residency to foreign investors, has further boosted property demand. These initiatives make Dubai’s real estate market attractive to global investors by offering stability and flexibility.

Value for Money and Competitive Pricing

Compared to other global property markets, Dubai offers exceptional value for money. While cities like Hong Kong, New York, and London have significantly higher prices per square foot, Dubai provides high-quality properties at a fraction of the cost. For example, the average price per square foot in Dubai is $850, compared to $3,970 in Hong Kong. This competitive pricing, combined with the potential for rental yields as high as 6.3%, has made Dubai an appealing destination for investors seeking higher returns.

Safety and Lifestyle

Dubai is ranked as one of the safest cities in the world, with extremely low crime rates. This level of security, combined with the city’s year-round sunshine, luxury lifestyle, world-class infrastructure, and tax-friendly environment, makes Dubai an ideal location for residents and businesses. The Emirates offer a lifestyle that appeals to both investors and those seeking a safe and vibrant place to live.

Regulatory Environment and Transparency

Dubai’s real estate sector benefits from a highly regulated environment, with bodies such as the Dubai Land Department (DLD) and the Real Estate Regulatory Agency (RERA) playing key roles in ensuring transparency and protecting stakeholders. This regulatory framework has bolstered investor confidence and attracted significant foreign investment.

The Future Outlook

With Dubai’s population expected to exceed 5.5 million by 2040, the demand for real estate is only set to grow. As the city continues to develop its tourism, business, and technology sectors, its real estate market will likely remain a key investment opportunity for those looking to benefit from a dynamic and fast-growing market.

In conclusion, Dubai’s real estate boom is the result of a combination of government initiatives, value for money, lifestyle appeal, and a robust regulatory framework, all of which have positioned the city as a global leader in the property market.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels. 

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Rising Cryptocurrency Scams in the UAE: How to Protect Yourself from Online Investment Fraud

With the rise of social media, the digital landscape has evolved into more than just a platform for social interaction — it has become a breeding ground for scammers, particularly in the cryptocurrency and stock trading spaces. Recently, UAE residents have been urged to exercise caution when considering online investment opportunities, following numerous cases of fraudulent activity.

One such incident involved an Indian businessman who was tricked into losing $20,000 (Dh73,461) in a well-coordinated cryptocurrency scam. Authorities are warning investors to thoroughly verify the legitimacy of entities they engage with before making any financial commitments.

Types of Cryptocurrency Scams:

1. Fraudsters create social media groups promoting fake cryptocurrency and stock trading opportunities.

2. These groups are advertised via email and social media, often promising unrealistic profits.

3. To build credibility, scammers use endorsements from social media influencers.

4. Early investors may see initial profits, encouraging them to invest even more.

5. After larger sums are transferred to personal accounts, victims receive no further communication, ultimately realizing they’ve fallen prey to fraud.

Why Are These Scams Prevalent?

1. The allure of quick financial gains entices many into making rash decisions.

2. Unrealistic profit claims create a false sense of security.

3. Many people fail to conduct proper research or due diligence before investing.

Impact on Victims:

1. Loss of significant amounts of money, leading to financial hardship.

2. Difficulty in tracking down and prosecuting fraudsters.

3. Victims may unknowingly become part of fraudulent schemes and face legal consequences.

4. Investors could be held accountable for the origins of transferred funds.

Protecting Yourself from Scams:

UAE authorities have issued several guidelines to help individuals safeguard against fraudulent investment groups:

1. Be sceptical of promises of high, guaranteed profits. Stick to reputable and regulated investment platforms.

2. Never share personal or financial details with unverified individuals or platforms.

3. Conduct thorough research on any company or group before making an investment. Verify that they hold appropriate licenses and look for red flags like poor reviews or untraceable operations.

4. Invest only in opportunities that are transparent about risks and returns. Avoid groups promising high rewards with minimal risk.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels. 

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Dubai Appoints New Judicial Inspectors: Strengthening Integrity and Efficiency in the Legal System

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Dubai Man Sentenced to Five Years for Elaborate Romance Scam

The Dubai Public Prosecution has unveiled details of a fraudulent scheme in which a woman was emotionally manipulated and financially exploited by a man posing as her future potential husband.

Using false names to protect the identities of the parties involved.

The woman, identified as Noor, met the scammer, Osama, through matrimonial websites. Their communication, which spanned six years, led Noor to believe that Osama was serious about marrying her. Throughout this time, she supported him financially, unaware that she was being deceived.

Noor reported the case to authorities after realizing that her financial contributions, which totalled Dh400,000, were part of an elaborate scam. Following an investigation, the suspect was arrested, brought to court, and sentenced to five years in prison along with a fine.

How the Deception Unfolded

The fraudulent relationship began when Noor connected with Osama, who claimed to work in the marine industry, via a marriage platform. Their exchanges took place primarily through phone calls and WhatsApp, with Osama consistently making excuses for his inability to meet in person due to his demanding job.

Over the course of six years, Noor helped Osama financially, believing his fabricated stories about family emergencies, accidents, medical bills, and inheritance disputes. He continually promised to repay her and move forward with their marriage, deepening the emotional manipulation.

Dh400,000 Stolen in Elaborate Scam

Osama's deception escalated when he used a different phone number to impersonate a high-ranking official, pressuring Noor into paying large sums of money under the pretence of helping Osama resolve his issues. Feeling threatened, Noor ultimately transferred a total of Dh400,000 over several payments.

Eventually, realizing the full extent of the scam, Noor contacted the authorities. Investigations revealed the truth, and Osama was arrested and charged.

Five Years in Prison for Fraudster

Following a thorough investigation, Osama was brought to trial. The court found him guilty, sentencing him to five years in prison, imposing a fine, and ordering his deportation after serving his sentence.

The Dubai Public Prosecution warned citizens to be cautious, emphasizing that legitimate government bodies only communicate through official channels such as direct meetings, recognized phone numbers, and verified websites or applications.

(The writer is the Legal Associate specializing in Criminal and family law at The Law Reporters)

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Are VPNs legal in the UAE, and what are the rules and penalties for misuse?

VPNs (Virtual Private Networks) are not outright illegal in the UAE, as long as they are used in accordance with the guidelines set by the Telecommunications and Digital Government Regulatory Authority (TDRA). The TDRA clarified that businesses, institutions, and banks are allowed to use VPNs to securely access internal networks through the internet. There are no regulations preventing the use of VPN technology for such legitimate purposes.

However, the misuse of VPNs is a serious offense under UAE law. Using VPNs to commit illegal activities, such as disguising your IP address or accessing blocked content, is strictly prohibited. According to Article 10 of Law No. 34 of 2021 Concerning Combatting Rumours and Cybercrimes, anyone found guilty of using a third party's IP address or other means to commit a crime or avoid detection can face imprisonment and/or fines ranging from Dh500,000 to Dh2,000,000.

The TDRA’s Internet Access Regulations further outline what constitutes "Prohibited Content," which includes VPN services that enable users to bypass or access restricted content online. VPNs should not be used to access any blocked or prohibited materials, as doing so would violate the law.

While there is no official list of approved VPN services in the UAE, using a VPN for anything that circumvents the country's internet restrictions could result in legal consequences. For more specific legal advice, it's best to consult a legal practitioner or refer to the TDRA.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels. 

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Judge Dismisses Lawsuit Accusing Elon Musk and Tesla of Manipulating Dogecoin

Elon Musk and his company Tesla have successfully had a federal lawsuit dismissed that accused them of defrauding investors by promoting the cryptocurrency Dogecoin and engaging in insider trading, allegedly leading to billions of dollars in losses.

The ruling, issued by U.S. District Judge Alvin Hellerstein in Manhattan on Thursday night, marks a significant win for Musk.

Investors claimed that Musk, the world's wealthiest individual, used his Twitter platform, a 2021 appearance on NBC's "Saturday Night Live," and other publicity stunts to profit at their expense. They alleged that he and Tesla manipulated Dogecoin's price through several Dogecoin wallets they controlled, driving its value up by more than 36,000 percent over two years before allowing it to crash.

The lawsuit highlighted specific instances, such as when Musk replaced Twitter’s blue bird logo with the Dogecoin Shiba Inu dog logo in April 2023, causing Dogecoin’s price to jump 30 percent. Investors claimed Musk then sold off Dogecoin, profiting from the surge.

However, Judge Hellerstein ruled that Musk’s tweets about Dogecoin being the "future currency of Earth," its potential use to purchase Teslas, and even sending it to the moon via SpaceX were "aspirational and puffery," rather than factual statements that could be proven false. As such, the judge determined that no reasonable investor could rely on these statements as the basis for a securities fraud claim.

Hellerstein also found the investors' claims of market manipulation and insider trading to be unsubstantiated, noting it was "not possible to understand" their arguments. Consequently, the lawsuit was dismissed with prejudice, preventing the investors from refiling the case. The plaintiffs had originally sought $258 billion and had amended their complaint four times over two years.

Following the ruling, Musk’s lawyer, Alex Spiro, expressed satisfaction, stating, "It's a very good day for Dogecoin."

Musk’s legal team had argued that his tweets were merely harmless and often humorous, denying any wrongdoing. They also contended there was no evidence to support the claim that Musk owned two wallets used for suspicious trading or that either he or Tesla sold Dogecoin during the relevant period.

During his "Saturday Night Live" appearance, Musk referred to Dogecoin as a "hustle" while playing a fictional financial expert in a "Weekend Update" segment.

Musk, who acquired Twitter in October 2022 and later rebranded it as X, currently has a net worth of $239.3 billion according to Forbes.

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How to Check Medical Insurance Status Using Emirates ID?

In today’s fast-paced environment, having quick and accurate access to your medical insurance information is essential for timely healthcare services. In the United Arab Emirates (UAE), verifying your medical insurance status has been made simple through the use of your Emirates ID. This process is designed to streamline your healthcare experience and reduce unnecessary administrative burdens.

Ways to Check Medical Insurance Status with Emirates ID

There are several convenient methods to check your medical insurance status using your Emirates ID:

  1. Customer Service Hotline: Most insurance companies provide dedicated customer service hotlines. By calling these numbers and providing your Emirates ID number, a representative can quickly pull up your insurance details and answer any questions you may have.
  2. Online Portals and Mobile Apps: Insurance providers often have websites or mobile applications that allow you to log in and check your insurance status. Simply enter your Emirates ID number on these platforms, and you can view your insurance details with ease.
  3. Hospitals and Clinics: When you visit a healthcare facility, presenting your Emirates ID allows the staff to verify your insurance status on the spot. This ensures that you can receive the necessary treatment without any delays.
  4. Mobile Apps for Instant Verification: Many insurance companies offer mobile apps specifically designed for easy access to your insurance information. These apps not only let you view your coverage but also manage your healthcare plans wherever you are

The Importance of Verifying Your Medical Insurance Status

Regularly checking your medical insurance status is important for several reasons:

  • Ensure Active Coverage: Verifying your status helps confirm that your insurance is active and up to date.
  • Avoid Unexpected Costs: Knowing what services are covered under your plan helps you avoid surprise expenses.
  • Streamline Healthcare Processes: Providing accurate insurance information allows healthcare providers to offer timely and efficient care.

Step-by-Step Guide to Checking Your Health Insurance Status with Emirates ID

Here’s a simple guide to help you check your medical insurance status:

  1. Access the Insurance Platform: Begin by visiting the website or opening the mobile app of your insurance provider.
  2. Log In with Emirates ID: Enter your Emirates ID number and any additional required credentials to log in securely.
  3. Navigate to the Insurance Section: Once logged in, go to the section that provides information on your medical coverage.
  4. Review Your Insurance Details: Here, you can view your policy information, coverage limits, and any extra benefits.
  5. Confirm Your Insurance Status: Ensure that your insurance is active and that your coverage is current.

Advantages of Linking Emirates ID with Health Insurance

Linking your Emirates ID with your health insurance brings several benefits:

  • Easier Access to Insurance Details: Quickly view your insurance information online or via mobile apps, reducing the need for paperwork.
  • Enhanced Security: Emirates ID offers a secure form of identification, ensuring your insurance information is protected.
  • Simplified Healthcare Management: Managing your healthcare plan is easier when your Emirates ID is linked, allowing for seamless updates and changes.

FAQs: Emirates ID and Health Insurance

Here are some common questions related to using your Emirates ID for health insurance:

  1. Can Emirates ID Replace My Medical Insurance Card?
    • While Emirates ID serves as a form of identification, it does not replace your medical insurance card. However, it can be used for electronic verification of your insurance status.
  2. How Do I Check My Insurance Status with Emirates ID?
    • Provide your Emirates ID number through customer service hotlines, websites, or mobile apps to retrieve your insurance details.
  3. Can I Access Insurance Information on Mobile Apps?
    • Yes, many insurance providers have mobile apps that allow you to access your insurance information on your smartphone or tablet, offering a convenient way to stay informed.

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Amazon Faces £2.7 Billion Lawsuit in UK Over Alleged Market Dominance Abuse

Amazon, one of the world's largest e-commerce giants, faces a £2.7 billion lawsuit in the United Kingdom, accused of abusing its dominant market position. The lawsuit, filed in London's Competition Appeal Tribunal, alleges that Amazon has been engaging in anti-competitive practices that stifle competition and harm consumers.

The Basis of the Lawsuit

Solicitor Julie Hunter claims that Amazon unfairly promotes its own products over those of third-party sellers by manipulating its platform. She alleges Amazon uses its market dominance to prioritize its products in search results and prominently feature them in the "Buy Box," where customers can quickly add items to their carts. Hunter argues that these practices disadvantage third-party sellers, limit consumer choice, and lead to higher prices, ultimately restricting competition and stifling innovation.

Impact on Consumers and Competition

The lawsuit comes amid rising concerns about the power of major tech companies, particularly in how they manage their platforms and treat competitors. Amazon has faced similar scrutiny from regulators and lawmakers in the EU and the US. However, this UK lawsuit is one of the most significant challenges Amazon has encountered regarding its market practices in Britain. The complaint points to Amazon's dominance in online retail, where third-party sellers depend on Amazon to reach customers while competing against its own products, raising concerns about conflicts of interest and anti-competitive behavior.

Legal and Economic Ramifications

Once after the judgement , the £2.7 billion lawsuit could set a precedent for how online marketplaces in the UK handle third-party sellers. This case might lead to changes in Amazon's business practices, including product prioritization and marketplace transparency. A ruling against Amazon could encourage more lawsuits from consumers and sellers globally, prompting tighter regulations and oversight of tech giants and pushing Amazon to adapt its market strategies to ensure fair competition and consumer protection.

Amazon's Response

Amazon has stated it will strongly defend against the lawsuit, claiming its services benefit both consumers and sellers. The company highlights that third-party sellers make up over half of the items sold on its platform, providing opportunities for small businesses. An Amazon spokesperson said, "We believe these claims are without merit. Amazon aims to offer the best customer experience, wide selection, low prices, and fast delivery. We support our sellers and are committed to working with regulators to address concerns."

A Broader Global Context
This UK legal action is part of a global movement to hold big tech accountable for market behaviour. Calls for antitrust actions and stricter regulations have grown, with the European Union introducing the Digital Markets Act to ensure fair competition and prevent market abuse by dominant digital players. The outcome of this case could set a precedent for regulating e-commerce platforms and lead to further scrutiny and legislative measures to promote fair and competitive digital markets.

The £2.7 billion lawsuit against Amazon in the UK marks a significant chapter in the ongoing debate over the market power of tech giants and their responsibilities towards consumers and competition. As the case progresses, it could have far-reaching implications for the future of e-commerce, potentially reshaping the rules of engagement in the digital marketplace and ensuring a level playing field for all participants.

The writer Sunil Ambalavelil is the Principal Partner at the Dubai-based NYK Law Firm.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Dubai Court Pioneers Crypto Salary Payments, Reinforcing UAE's Fintech Leadership

In a groundbreaking decision, a Dubai court has recognized cryptocurrency as a legitimate form of salary payment. This move marks a significant shift towards modernizing financial systems in the UAE, reinforcing the country's reputation as a global leader in embracing cutting-edge financial technologies.

Current Payment Systems in the UAE

Traditionally, salaries in the UAE are paid in the local currency, AED, through conventional banking systems under the Wage Protection System (WPS). This ensures timely payment and compliance with local labour laws. However, with the rise of fintech solutions, digital and contactless payments are becoming more popular, and blockchain technology is increasingly adopted by government entities for enhanced security and transparency.

Benefits of Cryptocurrency for Salary Payments

  1. Instant Transfers: Crypto transactions are faster compared to traditional banking, avoiding delays due to bank hours or international protocols.
  2. Lower Fees: Crypto transactions often have lower fees than international bank transfers, appealing to companies with a global workforce.
  3. Financial Inclusion: Cryptocurrencies can provide financial services to unbanked individuals, offering them secure ways to store and receive earnings.
  4. Protection Against Inflation: Crypto is seen by some as a hedge against inflation, potentially increasing the value of earnings over time.

Regulatory Compliance

The UAE has already established a regulatory framework for crypto activities through the Dubai Virtual Asset Regulatory Authority (VARA). Businesses paying salaries in crypto must adhere to local regulations, including anti-money laundering and reporting standards, ensuring a secure and compliant financial environment.

The Future of Crypto in the UAE

This decision positions the UAE as a leader in blockchain and fintech innovation, paving the way for increased crypto adoption across various sectors. It also enhances the UAE's appeal as a destination for tech talent and global fintech companies. The official recognition of crypto salaries can drive new financial services, such as crypto-backed loans and investment options, contributing to a more diverse and robust financial ecosystem.

The recognition of cryptocurrency as a valid salary payment method is a major milestone for the UAE's financial landscape. It underscores the country's commitment to innovation and sets a precedent for other nations considering similar moves. As the UAE continues to embrace blockchain and digital currencies, it is poised to lead the way in the global fintech revolution.

(The writer is an Associate specializing in Crypto and Employment Law at The Law Reporters)

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UAE Visa Amnesty 2024: Key Details on Eligibility, Application, and Benefits

The UAE is set to launch a two-month visa amnesty starting this Sunday, offering a golden opportunity for individuals with expired visas to rectify their status or leave the country without facing fines.

Who is Eligible?

The amnesty applies to various groups:

Residents: Those whose residency visas have expired and are now staying in the country illegally.

Visitors: Individuals who overstayed their visit visas.

Children: Born in the UAE, whose parents did not secure residency visas for them.

Workers: Those who have fled from their sponsors.

However, the amnesty does not extend to:

Individuals who entered the UAE illegally.

Those who violated visa rules or fled from their sponsors after September 1.

Individuals previously deported from the UAE or other GCC countries.

Duration and Oversight

The amnesty begins on September 1 and runs for two months. It is managed by the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP). According to Maj Gen Suhail Saeed Al Khaili, head of ICP, this initiative enhances the UAE's commitment to human rights by providing an opportunity for violators to correct their status or safely exit the country.

Where to Apply?

Amnesty applications can be submitted at designated centers across the UAE:

Abu Dhabi: ICP centers in Al Dhafra, Sweihan, Al Maqam, and Al Shahamah, as well as recognized private typing centers.

Dubai: Amer service centers and the Al Awir center for immigration violators.

Other Emirates: ICP centers are available throughout the country.

Service centers will operate daily from 8 AM to 8 PM during the amnesty period.

Cost and Benefits

There is no cost to change your visa status or obtain an exit permit. Fines previously incurred will be waived, and the exit permit, valid for 14 days, allows individuals to leave the country without being added to a banned list. After 14 days, fines will be reinstated if the individual has not departed.

Special Considerations

Exit Permits: Those with expired residency visas can apply at any listed center. Visitors, however, must go to specific ICP centers in Abu Dhabi or Dubai.

Children: Parents of children without residency visas must obtain a passport or travel document for the child and either visit an amnesty center or apply online for an exit pass.

When Does the Amnesty End?

The amnesty is set to conclude on October 31, though previous initiatives have seen extensions. The ICP emphasizes that this is a unique chance to regularize status or leave the country without incurring penalties.

The Importance of Visa Amnesty

Visa amnesties offer a lifeline to individuals living without proper documentation, often fearful of fines or jail time. This initiative helps the UAE maintain legal residency standards amidst a growing population and allows many to start anew, either in the UAE or back in their home country.

Understanding Visa Overstay Rules

As of October 2022, the financial penalty for overstaying a visa in the UAE is Dh50 ($13.6) per day. Residency visa holders have six months to leave or change their status once their visa expires or is cancelled. The amnesty provides relief for those exceeding this grace period.

Demand for Amnesty

Since the announcement on August 1, embassies of countries with large expatriate populations have been inundated with inquiries. Many missions are extending their hours and sending officials nationwide to assist individuals interested in resolving their visa issues or seeking new employment opportunities.

This visa amnesty represents a significant opportunity for thousands to ensure they remain on the right side of the law or to safely return home.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels. 

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Navigating Residency and Work Visa Requirements for Jobs in Dubai: What You Need to Know

If you're considering taking up a job in Dubai, it's crucial to understand the legal requirements surrounding residency and work visas. Here's a detailed overview of what you need to know:
Residency and Work Visa Requirements
In the UAE, foreign nationals are legally required to hold both a residency visa and a work permit to work in the country. The residency visa must be provided by an employer, a spouse, or another legal sponsor, and it is accompanied by a work permit issued by the employer.
Employer Responsibilities
The employer is responsible for initiating the residency visa and work permit process. The application for these documents must be made at the start of employment. It's important to note that it is illegal for employees to begin working without these documents, even if they are in a probationary period.
Legal Consequences
The UAE Federal Government enforces strict regulations regarding employment without proper documentation. Under Federal Decree Law No 7 of 2007, which amended the Immigration Law, employers face significant penalties for failing to obtain the necessary visas and permits. Fines for non-compliance have been increased from Dh10,000 to Dh50,000, and additional penalties can be imposed by the Ministry of Human Resources and Emiratisation.
For repeated offenses, fines can escalate, and in severe cases, criminal proceedings and deportation may be pursued against foreign company owners. UAE citizens involved in such practices may face imprisonment.
Employees working without a valid visa and work permit also face serious consequences, including fines, a labour ban, and potential imprisonment of up to one month, with the possibility of extension.
Risks of Working Without a Visa
Employers who instruct new employees to work without a visa are violating the law and exposing both themselves and their employees to significant risks. Working without the proper documentation leaves employees unprotected by labour laws and subject to legal penalties.
Advice for Prospective Employees
If an employer indicates that you should start work before obtaining a residency visa and work permit, this is a significant red flag. Such practices are illegal and can lead to severe consequences for both you and the employer. It is advisable to seek employment with a company that adheres to legal requirements and ensures that all necessary visas and permits are arranged before you commence work.
 

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Rise in Scams Through Fake Websites and Counterfeiting Impacting Dubai’s Market

Dubai's popular chocolate brand, FIX Dessert Chocolatier, has recently been targeted by a scam involving fake websites and unauthorised social media accounts selling their viral kunafa-stuffed chocolate bars.

In response, FIX Dessert Chocolatier issued a statement warning customers about these scams, clarifying that their products are sold exclusively through Deliveroo and that they have no official website, physical store, or authorised resellers.

This serves as a stark reminder to Dubai residents and visitors of the legal consequences of fraud and counterfeit operations in the UAE.

Below is an overview of the legal framework surrounding such activities and the penalties associated with them.

Legalities of Online Fraud and Counterfeit Sales in the UAE

In the UAE, online fraud, including the sale of counterfeit goods through fake websites and social media, is considered a serious criminal offence under the country's strict cybercrime laws.

The UAE government has enacted various regulations to safeguard consumers and businesses from such illegal activities.

Relevant Laws

UAE Cybercrime Law (Federal Decree-Law No. 5 of 2012): This law specifically addresses cybercrimes, including online fraud, identity theft, and the creation of fake websites.

It criminalises the use of technology to deceive others and steal their money or data. Setting up fake e-commerce sites or selling counterfeit products falls under this law.

Consumer Protection Law (Federal Law No. 15 of 2020): This law outlines the rights of consumers in the UAE and ensures that businesses are held accountable for any fraudulent practices. It prohibits the sale of counterfeit goods and imposes penalties on those who deceive customers.

Commercial Fraud Law (Federal Law No. 19 of 2016): This law regulates commercial fraud and aims to protect consumers and businesses from fake products and counterfeit activities. It includes provisions for harsh penalties for those engaging in fraudulent sales and misleading advertisements.

Penalties for Fraudulent Activities

Fines: Individuals or businesses found guilty of online fraud or the sale of counterfeit goods may face hefty fines, ranging from Dh250,000 to Dh1 million, depending on the severity of the offence.

Imprisonment: In addition to fines, violators can be sentenced to imprisonment for a period ranging from one year to several years, depending on the level of fraud and harm caused to consumers.

Business Shutdown and Licence Revocation: Companies involved in fraudulent activities can face business shutdowns, revocation of trade licences and public blacklisting.

Consumer Protection and Reporting

Consumers are encouraged to remain vigilant and only purchase products from verified platforms. In the event of encountering a scam, residents are urged to report the incident to the UAE Consumer Protection Department or the Dubai Police Cyber Crime Division.

With the UAE's strict legal framework, scammers can face significant legal repercussions for their actions. By adhering to official purchasing channels and reporting fraudulent activities, consumers can help maintain the integrity of Dubai's thriving marketplace.

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Can Your Employer Keep You at Home During Notice Period? Understanding Garden Leave

If you are employed by a company based in mainland Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 apply to your employment.

Under UAE law, either the employer or employee can terminate an employment contract by serving the required notice period specified in the contract.

Article 43(1) of the Employment Law states: "A party to an employment contract may terminate the contract for good cause, by giving the other notice in writing.

The employee shall perform their duties during the notice period agreed upon in the contract, provided the notice period is not less than thirty (30) days and not in excess of ninety (90) days."

However, the notice period can be reduced by mutual agreement between the employer and employee, while ensuring that the employee's salary and entitlements during the notice period are respected.

According to Article 43(2) of the Employment Law, "the Employment Contract shall continue in force throughout the Notice Period and expires with the expiry of the Notice Period.

The employee shall be entitled to their full salary for such period on the basis of their last salary and shall perform their work if the employer so requests."

This brings us to the concept of garden leave. During garden leave, an employee remains employed and is on the payroll but is asked to stay away from the office and refrain from performing any work.

This typically happens after an employee resigns or is terminated. Even though you are not working, you are still entitled to receive your salary and benefits during this period.

If your employer has placed you on garden leave during your notice period, you should obtain written confirmation to prevent any future complications. This confirmation ensures that your employer cannot later accuse you of abandoning your work.

Article 28(1)(a) of Cabinet Resolution No. 1 of 2022 highlights that an employer can report an employee as abscoding if they have been absent for more than seven consecutive days without informing the employer.

If you have further concerns, it is advisable to consult with the Ministry of Human Resources & Emiratisation (MoHRE) or seek legal counsel in the UAE to ensure you are protected throughout this process.

What is Garden Leave?

Garden leave is a protective measure often used by employers during an employee's notice period. Though the employee is still under contract and continues to receive their salary and benefits, they are required to stay away from the office and are not permitted to work elsewhere during this period.

Employers implement garden leave to mitigate risks, such as the potential leaking of sensitive information or sabotaging client relationships.

During garden leave, employees are typically cut off from accessing the company’s data or premises and may be prohibited from contacting colleagues, clients, or suppliers. This practice helps to protect the employer's business interests until the employee’s departure is finalised.

Though commonly associated with the UK, Australia and New Zealand, garden leave can also be seen in the UAE, particularly in industries where proprietary information or client relations are critical to business success.

In conclusion, while you are on garden leave, you remain entitled to your salary and benefits. Be mindful of the terms set by your employer and ensure all agreements are documented in writing to safeguard your rights.

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How to Recover Your Money Lost in Unauthorised Credit Card Transactions in the UAE?

Unauthorised transactions on credit cards can be distressing, particularly when they occur without any negligence on the part of the cardholder.

In the UAE, hacking e-payment transaction apps or websites is a serious criminal offence, punishable by imprisonment and fines ranging from Dh200,000 to Dh2 million.

This is stipulated under Article 15 of the Federal Decree Law No. 34 of 2021, which addresses hacking and cybercrimes related to e-payment instruments.

According to the law, severe penalties are imposed on individuals or groups involved in forging, cloning, or copying credit cards, debit cards, or any e-payment instruments.

The same penalties apply to those who design or use software with the intent to facilitate such criminal activities.

Additionally, unauthorised use of these instruments, or knowingly accepting forged or illegally obtained cards, is punishable under this law.

In the UAE, financial institutions have a duty to educate their customers about financial crimes, as per Clause 6.2.2.6 of the Consumer Protection Regulation issued by the Central Bank of the UAE.

This regulation mandates that licensed financial institutions conduct sufficient consumer awareness activities to help protect consumers from financial crimes.

Moreover, banks must maintain up-to-date security systems and be prepared to adopt new cybersecurity strategies as necessary. This ensures that they can effectively combat evolving threats, as outlined in Clause 6.2.2.5 of the same regulation.

When it comes to compensating customers for financial losses, banks are generally required to do so if the loss is due to financial crimes, cyberattacks, or the misuse of assets and information.

However, banks are not liable if the loss is due to gross negligence or fraudulent behaviour on the part of the customer, as stated in Clause 6.2.2.4 of the Consumer Protection Regulations.

For customers who have been cautious and can provide evidence that the unauthorised transactions were not due to their negligence, the bank may be obligated to compensate them for the loss.

A formal complaint should be filed with the bank, which would then conduct an investigation into the matter. Additionally, the customer may need to file a police report and provide transaction details and evidence.

If the bank's resolution is unsatisfactory, the complaint can be escalated to the Central Bank of the UAE.

In summary, while banks in the UAE are responsible for safeguarding their customers against financial crimes, they may not be liable for losses that result from the customer's own negligence or fraudulent actions.

However, in cases where the customer has acted responsibly, the bank could be required to compensate for any unauthorised transactions.

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GCC Countries Implement Key Legal Reforms to Strengthen Intellectual Property Rights

Recent changes in intellectual property (IP) laws across several Gulf Cooperation Council (GCC) countries are transforming the landscape of patents, industrial designs and trademarks.

These amendments aim to streamline procedures and bolster the protection of IP rights. Below is an overview of the latest IP regulatory developments in Saudi Arabia, the United Arab Emirates (UAE), and Qatar.

Saudi Arabia: Extended Design Protection

Saudi Arabia has made significant updates to its Patent and Industrial Design Law through Royal Decree No. (M/45), dated September 25, 2023, and effective from October 3, 2023. One of the notable changes is the extension of the design protection period from 10 years to 15 years.

This extension particularly benefits designs registered in 2013, as they now qualify for an additional 5-year protection period upon payment of the required fees.

Furthermore, the Saudi Authority for Intellectual Property (SAIP) has modified its approach to rejected trademark applications.

Previously, applicants had the option to amend rejected trademarks within a 10-day grace period or appeal the rejection. Under the new policy, the only recourse available to applicants is to appeal the rejection decision.

United Arab Emirates: New Regulations and Patent Platform Launch

In November 2023, the UAE Cabinet issued Ministerial Decision No. 112 of 2023, which introduced revised official fees for patent applications, utility models, and industrial design applications.

These changes amend the official fees associated with Federal Law No. 11 of 2021. The introduction of new regulations and a new Patent Platform has significantly improved the patent registration system in the UAE.

For annuities, applicants for national, partial, and transferred applications (based on PCT Applications) are now required to pay any outstanding annuities within 90 days of completing the legal examination, rather than from the filing date.

Importantly, applicants must ensure all formalities are met for their application to be accepted before any annuity payments become due. This ensures that the correct fees are paid based on the benefits granted during the legal examination.

Qatar: Adoption of GCC Trademarks Law

On June 18, 2023, Qatar's Minister of Commerce and Industry issued Decree No. 56 of 2023, adopting the GCC Trademarks Law.

This decree includes a fee increase for trademark services, effective from 10 August 2023. The adjustment aims to align Qatar's trademark services with regional standards and enhance the overall efficiency and protection of trademarks.

These updates represent a significant effort by GCC countries to strengthen their intellectual property frameworks, providing better protection and efficiency for businesses and innovators. Staying informed about these evolving regulations is essential for stakeholders to navigate the IP landscape effectively.

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How to Claim Your Security Deposit After Applying for a Family Visit Visa in Dubai?

If you recently sponsored a family member on a visit visa to Dubai, you may have paid a refundable security deposit.

Once your family member exits the UAE or changes their visa status, you are eligible to claim this deposit.

Below is a step-by-step guide on how to apply for a refund, including the necessary requirements, documents, and process as outlined by the General Directorate of Residency and Foreigners Affairs – Dubai (GDRFAD).

Service Overview

This service is available to visitors, UAE residents, GCC residents, GCC nationals and UAE nationals who wish to request a refund for the security deposit paid during the visa application process.

Steps to Apply for a Refund

Step 1: Register/Use UAE Pass
Begin the process by registering or logging in with your UAE Pass.

Step 2: Submit the Application and Pay Fees
Access the GDRFA Dubai website or app and fill out the refund application form with the required details. Pay any applicable fees.

Step 3: Receive Your Refund
Upon successful submission and verification, the refund will be processed and credited to your bank account.

Requirements and Limitations

Eligibility: You can only apply for the refund after your family member has either exited the UAE or changed their visa status.

Refundable Fees: Only the service issuance fees are refundable; application and electronic service fees are non-refundable.

Required Documents

To successfully apply for a refund, ensure you have the following documents:

* Original valid passport

* Original valid residency permit

* Registration form confirming the amount paid

* Copy of the valid ID card

* Bank certificate indicating your account number and IBAN

Customer Journey

Accessing Service Information: Service details can be obtained through the GDRFA call centre, smart application, official website, customer happiness centres  and other approved communication channels.

Submitting Your Request: Refund requests can be submitted via the GDRFA website, mobile application, customer happiness centres, or typing centres. Ensure that all required documents are uploaded, and pay any associated service fees.

Communication and Updates: Applicants will receive notifications through text messages or emails, informing them of the status of their refund request.

Receiving the Refund: Once the refund process is completed, you will receive a notification confirming the deposit refund.

By following these steps and ensuring you have all the required documents, you can obtain your security deposit refund from GDRFA Dubai.

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Rising Rents Amid Declining Maintenance – Can Tenants in the UAE Dispute Increases?

In the UAE's rapidly evolving real estate market, tenants often face the challenge of rising rents, sometimes in properties where the quality of maintenance has significantly declined.

This dilemma is particularly pressing in cases like that of a long-term Dubai resident who has lived in the same three-bedroom apartment since 2009.

Despite consistent rent hikes, the condition of the building, primarily used for commercial purposes, has deteriorated over time.

This decline in maintenance has left tenants, such as a long-term Dubai resident who has lived in the same three-bedroom apartment since 2009, questioning whether they can dispute these increases based on the poor upkeep of the property.

Consider, for instance, the resident whose rent was originally Dh100,000 in 2020. The impact of Covid-19 led to a temporary reduction to Dh90,000 in 2021.

However, as the economy began to recover, the rent started climbing again -- Dh92,250 in 2022, Dh98,000 in 2023, and Dh107,000 in 2024 -- resulting in a 15 per cent increase over two years.
This financial burden has been compounded by a decline in the building's upkeep.

Amenities such as the gym and swimming pool are non-functional, and issues including broken air conditioning, a damaged roof, uncleaned common areas, insect infestations, and a lack of security have become common.

The tenant's repeated requests to maintain the rent at previous levels have been ignored, with management pushing forward with increases despite the building's deteriorating condition.

For tenants facing similar situations in the UAE, the decision to stay or move becomes critical.
While relocating to a better-maintained property might involve higher rent, the improvement in quality of life could be worth the extra cost.

However, for those who choose to stay, disputing further rent increases is an option. The Dubai Land Department's Rental Dispute Centre (RDC) offers a platform for tenants to challenge these hikes, although the outcome is not guaranteed.

The Dubai Land Department's rental index is a key factor in determining rent increases, yet it does not account for the state of a building's maintenance or the availability of amenities.

This means that even if a tenant presents a strong case, a judge may still side with the landlord if the increase aligns with the index.

Tenants must, therefore, carefully consider the trade-off between accepting a rent hike in a poorly maintained property or pursuing a potentially uncertain legal challenge.

Weighing the Options: Stay or Move?

For tenants in similar predicaments, the decision to stay or relocate is critical. Moving to a better-maintained property might mean paying more, but it could offer a significant improvement in quality of life.

Conversely, those choosing to stay should consider legal action, though it comes with no guarantees. The Dubai Land Department's rental index, which guides rent increases, does not account for a building's maintenance or amenities, making it uncertain whether a judge would rule in favour of the tenant.

Key Considerations for Tenants

In these situations, tenants must continue paying rent for any duration they remain in the property to avoid complicating legal proceedings.

Clear communication with the landlord is also advisable, though it may lead to tense interactions.
The outcome of any legal dispute will ultimately rest with the judge, and tenants should be prepared to act swiftly following a judgement.

If the decision is unfavourable, an appeal remains an option. Navigating rent disputes and notices to vacate requires tenants to be vigilant, legally informed, and prepared to act decisively.

Whether dealing with poor maintenance, unexpected rent hikes, or legal notices, the key is to balance financial considerations with the quality of living and to understand the legal avenues available for protecting one's rights.

In the competitive UAE property market, these decisions are not just about economics but about ensuring a living environment conducive to well-being and peace of mind.

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Saudi Arabia’s MHRSD Set to Address MISA's Concerns on Skill-Based Work Visa Plan

The Ministry of Human Resources and Social Development (MHRSD) has announced plans to coordinate with the Ministry of Investment of Saudi Arabia (MISA) to address concerns regarding a draft scheme that proposes dividing work permits into three categories based on skill levels.

The MHRSD confirmed that it is finalising the scheme, taking into consideration the key feedback and observations received from various stakeholders.

In June 2024, the MHRSD, through Istitlaa -- the National Competitiveness Centre’s unified electronic platform for public consultation -- introduced a draft amendment to the executive regulations of the Labour Law.

The proposed scheme aims to categorize work permits and visas into three skill levels: highly skilled, skilled, and basic. The ministry invited the public and relevant entities to provide their feedback before finalising the scheme.

In its response, MISA expressed concerns that the scheme might impact the investment environment and emphasized the need to consider the interests of both local and foreign investors.

MISA highlighted the importance of analysing the current situation, conducting detailed benchmarking, and assessing the impact on related systems, as well as ensuring compliance with international obligations.

Additionally, MISA stressed the necessity of studying the financial implications, business practices, and the potential effects on small and medium enterprises.

The ministry also called for a review of directives from the highest authorities to ensure the scheme’s alignment with broader national interests.

In response to MISA's concerns, the MHRSD highlighted that the scheme is grounded in a comprehensive study of the financial, economic, and legislative impacts, including those on the labor market and various establishments.

A benchmark comparison with global best practices indicated that the classification of visas and work permits for expatriates would not significantly harm the investment environment.

The HR ministry added that the proposed scheme is expected to aid commercial establishments in attracting appropriately skilled workers, which would positively influence the overall business environment, including the investment climate.

The MHRSD plans to provide MISA with a summary of the study supporting this conclusion.
The MHRSD also noted that the proposal to categorise work visas by skill levels was presented to the Labor Market Policies Committee in 2021, where it received praise.

Furthermore, small companies with fewer than 20 employees will be exempt from certain policies under the new recruitment system.

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Phishing Threats Rise in Dubai: Criminals Target Residents with Sophisticated Scam Methods

As Dubai's status as a global business and technology hub expands, the threat of phishing has surged, creating significant risks for both residents and businesses.

This article examines the rising phishing landscape in Dubai, reveals common tactics employed by cybercriminals, and offers practical tips to help you stay secure in this increasingly perilous digital environment.

Escalating Threat

Phishing attacks have dramatically increased in Dubai, reflecting a broader global trend in cybercrime. The UAE Cyber Security Council has raised alarms over this surge, particularly as public sector entities in the UAE fend off approximately 50,000 cyberattacks daily.

A mid-2023 report by cybersecurity firm Acronis highlighted a 464 per cent spike in phishing incidents across the MENA region, with Dubai witnessing a particularly sharp rise.

The sophistication of these attacks is evolving, with cybercriminals deploying more cunning methods to deceive their victims.

In the second quarter of 2023, phishing emails in the UAE surged by 77 per cent, with scammers frequently impersonating reputable organisations or using urgent language to deceive recipients into disclosing sensitive information.

This alarming trend highlights the critical need for heightened cybersecurity awareness and stronger protective measures.

Common Tactics in Dubai

Phishing attacks in Dubai are becoming increasingly sophisticated, exploiting human emotions and behaviours. Here are some of the most prevalent tactics used by scammers:

Impersonation of Legitimate Entities: Attackers often mimic trusted organisations like Dubai Police, local banks, or government agencies to create a sense of authenticity. They send emails or SMS messages that appear official, urging recipients to click on malicious links or provide personal information.

Urgency and Fear Tactics: Scammers commonly use urgent language, claiming that immediate action is needed to avoid severe consequences, such as account suspension or legal trouble. This pressure can cause victims to act hastily without verifying the authenticity of the message.

Spear Phishing and Whaling: These targeted phishing methods involve customised messages aimed at specific individuals or high-profile targets, such as corporate executives, to bypass security filters and gain access to sensitive information.

Smishing and Vishing: Phishing isn’t limited to emails. Attackers also use SMS (Smishing) and voice calls (Vishing) to deceive victims into sharing personal details or making payments under false pretences.

Recognising Phishing Attempts

Identifying phishing attempts requires vigilance and a keen eye for detail. Here are some common signs:

* Suspicious Email Addresses: Always verify the sender’s email address for any inconsistencies or misspellings.

* Generic Greetings and Urgent Language: Phishing emails often use non-personalised greetings and create a false sense of urgency to provoke quick responses.

* Unfamiliar or Suspicious Links: Hover over links before clicking to check the actual URL. If it looks unfamiliar or doesn’t match the supposed source, don’t click it.

* Spelling and Grammar Errors: Many phishing messages contain subtle errors in spelling and grammar, which can be red flags.

Other Methods Targeting Dubai Residents

Phishing schemes in Dubai extend beyond emails to other forms of communication:

* Fake Police Calls: Scammers impersonate Dubai Police, threatening legal action unless the victim provides personal information or makes payments.

* Social Media Phishing: Fraudsters use fake profiles or hijacked accounts to send phishing messages through social media platforms, often impersonating friends or official entities.

* Watering Hole Attacks: Cybercriminals compromise websites frequented by specific groups, infecting them with malware designed to steal visitors' data.

Dubai's Efforts and Challenges

Dubai’s authorities have been proactive in combating phishing and other cybercrimes. The Dubai Police frequently issue warnings and have launched public awareness campaigns to educate residents about phishing dangers.

Additionally, the UAE Cyber Security Council plays a critical role in coordinating national efforts to secure the country’s digital infrastructure, including blocking scam websites and strengthening cybersecurity laws.

Despite these efforts, challenges persist. Scammers often create fake websites that mimic legitimate entities, using black hat SEO techniques to manipulate search rankings and appear at the top of search results.

The use of HTTPS domains by scammers further complicates efforts to identify and take down these fraudulent sites.

How to Protect Yourself

Staying safe from phishing requires a combination of awareness and proactive measures. Here are some key tips:

* Use Reliable Security Software: Ensure you have up-to-date antivirus software that can detect and block phishing attempts.

* Be Cautious with Unsolicited Messages: Treat unexpected emails, SMS, or social media messages with scepticism, especially those that request personal information.

* Verify Sources: If you receive a message claiming to be from a trusted organisation, contact them directly using official channels to confirm its legitimacy.

* Enable Two-Factor Authentication (2FA): Strengthen your online accounts by enabling 2FA, adding an extra layer of security.

* Educate Yourself and Others: Stay informed about the latest phishing tactics and share this knowledge with friends and family to prevent scams.

What to Do If You Fall Victim to Phishing?

If you suspect you’ve fallen victim to a phishing attack in Dubai, take immediate steps to mitigate the damage:

Report the Incident: Contact Dubai Police via their cybercrime reporting platforms or call the emergency number.

Notify Your Bank: If financial information was compromised, inform your bank immediately to prevent unauthorised transactions.

Change Passwords: Update the passwords for your online accounts, especially those that may have been compromised.

Monitor Your Accounts: Keep a close eye on your bank accounts and online profiles for any suspicious activity.

Conclusion

Phishing remains a significant threat in Dubai, with cybercriminals constantly refining their tactics. However, by staying informed, vigilant, and taking proactive measures, residents can protect themselves from falling prey to these scams.

Remember, education and awareness are your best defences against phishing attacks.

(The writer is a Senior Associate at the Dubai-based NYK Law Firm)

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New UAE Insurance Regulation for 2024: Stricter Measures to Enhance Consumer Protection

As the insurance landscape evolves, so does the regulatory framework designed to ensure transparency, fairness and consumer protection.

The Insurance Broker Regulations 2024 (New Regulations) introduce significant changes that will impact brokers, insurers and consumers alike.

The Central Bank of the United Arab Emirates (CBUAE), as the insurance regulator, has issued the New Regulations, which abrogate the Resolution No. 15 of 2013 concerning the insurance brokerage regulations. 

The Insurance Authority Director General Decision No. 58 of 2013 concerning the implementation of the aforementioned Resolution No. 15 of 2013, and the Insurance Authority Work Guide of the Internal Controller at Insurance Brokerage Companies.

Key Changes in the New Regulations

Enhanced Disclosure Requirements: One of the most notable changes is the heightened emphasis on transparency. Insurance brokers are now required to provide more detailed disclosures about their remuneration and any potential conflicts of interest.

This includes clear information on how they are compensated by insurers and any incentives that may influence their recommendations.

Strengthened Consumer Protection Measures: The New Regulations introduce more stringent measures to safeguard consumers.

Brokers must now ensure that all advice given is in the best interest of the consumer, taking into account their specific needs and financial situation.

This includes a comprehensive assessment of the consumer’s insurance requirements and a thorough explanation of all policy terms and conditions.

Mandatory Professional Development: To maintain high standards in the industry, the New Regulations mandate ongoing professional development for brokers.

This includes regular training and certification updates to ensure that brokers remain knowledgeable about industry changes, emerging risks and new products.

Improved Complaint Handling Procedures: The regulations stipulate that brokers must have robust complaint handling procedures in place.

This includes a clear process for consumers to raise concerns and for brokers to address and resolve complaints efficiently. Brokers are also required to keep detailed records of complaints and their resolutions, which will be subject to regulatory review.

Increased Regulatory Oversight:  Regulatory bodies will now have greater powers to oversee and enforce compliance with the New Regulations. This includes more frequent audits and reviews of broker practices.

Brokers should be prepared for increased scrutiny and ensure that their operations and practices are fully compliant with the updated standards.

Bank Guarantee: Brokers established in the free zones are now required to furnish a bank guarantee of up to Dh5 million in addition to maintaining the minimum capital requirements.

What Consumers Should Know

For consumers, the New Regulations mean increased protection and transparency. When working with insurance brokers, consumers can expect clearer information about the products and services being offered, as well as more detailed explanations of any associated costs.

Conclusion

The New Regulations mark a significant shift towards greater transparency and consumer protection in the insurance industry. While these changes will require adjustments from brokers, they ultimately aim to enhance the overall consumer experience and ensure fair practices within the industry.

Staying informed and prepared will be key for brokers to navigate these new requirements successfully and continue to deliver value to their clients.

(The writer is an insurance expert at Dubai-based NYK Law Firm)

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UAE Driving Licence: Simple Rules to Slash 4 Black Points and Reduce Your Penalties

Motorists in the UAE can have four black points removed from their driving records by following traffic rules on the first day of the new academic year.

To qualify, drivers must sign a six-point pledge online and avoid accidents on August 26, as students return to school after the summer break.

Conditions for Black Points Reduction

* Sign the pledge on the Ministry of Interior's website. You will need your UAE Pass to log in and sign.

* Avoid traffic violations or accidents on August 26 to qualify.

Pledge Details

The pledge includes the following six key traffic rules:

* Maintain a safe distance from the vehicle in front.

* Prioritise pedestrians at crossings.

* Always wear a seatbelt.

* Adhere to speed limits.

* Avoid using a handheld mobile phone while driving.

* Yield to emergency vehicles, police, public service vehicles, and official convoys.

A certificate of participation will be sent to the motorist’s email after signing the pledge.
If all conditions are met, four black points will be removed from the driving licence on September 14. This process is automatic.

Black points are penalties for serious traffic violations, with the number depending on the severity of the offense. For example, reckless driving incurs a Dh2,000 fine and 23 black points, while not wearing a seatbelt results in a Dh400 fine and four black points.

Accumulating 24 black points within a year leads to a driving licence suspension.
Brigadier Hussein Ahmed Al Harithi, chairman of the Federal Traffic Council, explained that the campaign aims to "foster a culture of responsible driving."

This collective effort is "essential" for creating a safer traffic environment and serves as an incentive to encourage traffic safety throughout the year.

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How to File Online Absconding Report for a Missing Domestic Worker in the UAE: Key Steps

In Dubai's fast-paced lifestyle, hiring domestic help has become increasingly common as residents strive to balance work and home responsibilities.

It's crucial to understand the process of employing domestic workers and be aware of the necessary steps to take if they go missing.

When hiring domestic help in the UAE, ensure that you apply for their work permit through the Ministry of Human Resources and Emiratisation (MoHRE).

The provisions of Federal Decree No. 9 of 2022 Concerning Domestic Workers and Cabinet Resolution No. 106 of 2022 Pertaining to the Executive Regulations of Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers are applicable.

Employers’ Duties Towards Domestic Workers

* Provide the necessary resources for the agreed-upon work.

* Ensure decent and liveable accommodation for the domestic worker.

* Cover the cost of medical treatment as per state health rules; it is advisable to obtain medical insurance for your domestic helper.

* Treat the worker with dignity and ensure their safety.

* Prevent workers from engaging with third parties or working without proper authorisation.

* Do not assign workers to different professions without their consent and in compliance with the law.

* Ensure that workers retain their personal documents, such as passports and Emirates IDs.

* Do not receive any sums or remuneration not stipulated by law or contract.

* Report any violations by the worker to the Ministry and comply with their requests.

* Ensure that payment is transferred to their account, avoiding cash payments.

Despite your best efforts to care for your domestic worker, they may still leave without informing you. In such cases, it is your responsibility to report the incident. Here is how you can file an absconding report against your domestic worker:

What to Do if a Maid Absconds

The sponsor of the maid must file a complaint with the Department of Residency and Foreigners Affairs. Failure to do so could result in a fine of up to Dh50,000 or legal action once the maid is apprehended.

What Happens When the Absconded Maid is Caught?

Once apprehended by the authorities, the maid will not only be deported from the UAE but will also be subjected to interrogation to identify the sponsor and any individuals who may have employed them after they absconded.

How to File an Absconding Worker Complaint

MoHRE’s Mobile App “MOHRE UAE”: Use the mobile app for efficient complaint processing.

Recruitment Offices: Report the absconding worker at recruitment offices for assistance.

Tawseel Vehicle – Mobile Service Desk: Utilise the mobile service desk for convenient, doorstep service.

MoHRE’s Website – mohre.gov.ae: File a complaint online for a comprehensive, documented process.

To effectively navigate the complaint filing procedure, follow these steps:

*Select the “Registering a Domestic Labour Complaint” Service: Begin by choosing this specific service.

Specify Applicant Type and Work Permit Number: Provide essential details for accurate documentation.

Enter Complaint Details: Clearly outline the complaint details for a comprehensive submission.

Add Attachments if Needed: Include relevant attachments to support the complaint.

Use the Labour Unified Number: Include this identifier for tracking and processing.

Processing Time

According to the MoHRE website, complaints are typically processed within 14 working days, ensuring a timely resolution.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Uncertain About a Salik Fine in the UAE? Dispute it, Claim a Refund for Wrongful Charges

Have you recently received a Salik fine and are unsure why? If you believe you were wrongly charged, you can file a dispute and potentially receive a refund if the fine has already been paid. Here’s how you can efficiently contest a Salik fine using three simple methods.

Understanding Salik Violations

According to Salik, a violation occurs when a vehicle passes through a toll gate without a valid tag, with an unregistered tag, or with insufficient funds in the Salik account.

This also includes failing to activate or recharge your Salik account. If you believe you have a valid case with supporting evidence, here are three ways to contest a Salik violation:

Through the Salik Website

You can dispute your fines through the Salik website via a straightforward process:
Visit the Salik website: salik.ae.

* Navigate to the ‘Violations and Disputes’ section on the homepage.

* Enter your car number plate details and click the ‘Search’ button to view the fines registered against your vehicle.

* Select the fine you want to dispute.

* Provide your traffic file number and details of the dispute, including the time and location as mentioned in the fine description, and the reason for filing the dispute.

* Submit the application. You will receive an application reference number instantly.
The dispute request is forwarded to the violations department for investigation, which can take up to 15 days. The final status will be communicated via SMS, either approving or rejecting the dispute.

Through Mobile Apps

Several mobile apps allow you to file a Salik dispute conveniently:

Smart Salik App:

Open the app and go to ‘Violations and Disputes’.Enter your car number plate details.Select the violation and fill in the application form with the necessary details and evidence.Submit the case application.

Dubai Drive App:Open the app and log in with your UAE Pass account.Navigate to the ‘Salik’ category and select ‘Violations and Disputes’.Enter your car number plate details, view the fines, and select the violation to dispute.

Dubai Now App:Open the app and log in with your UAE Pass.Select the ‘Driving’ category, then ‘Salik Accounts’.View your vehicle and Salik account details.Navigate to ‘Violations and Disputes’ and file the dispute.

Through the Salik Call Centre
You can also contact the RTA's call centre:

* Call the toll-free number 80072545.

* A customer service agent will process your request and create a dispute. You will receive an SMS with the dispute reference number.

Similar to the website process, the request will be forwarded to the concerned department, and the investigation may take up to 15 days. The final status will be communicated via SMS.

Important Information

Disputing fines is free of charge through all mentioned channels. If the dispute is approved and the fine has been paid, it will be cancelled from the system, and the amount refunded. To receive the refund, fill out an electronic refund form at any customer happiness centre.

Types of Violations

* Unregistered Plate Violations (URP): If a vehicle passes through a gate without registering the number plate within 10 working days of the toll trip. The fines escalate with each day of non-compliance, starting from Dh100 on the first day to Dh400 for subsequent violations.

* Insufficient Funds Violation (IPV): If a motorist passes through a toll gate with insufficient funds in their Salik account. The fine is applied five days after the trip.

Disputing a Salik fine is a structured and accessible process, whether through the website, mobile apps, or the call centre.

By following these steps, motorists can ensure their disputes are handled efficiently, and any erroneous fines can be corrected promptly.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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UAE Govt Amends Anti-Money Laundering Laws to Strengthen Financial Crime Prevention

The Government of the UAE has issued a Federal Decree-Law amending certain provisions of the Federal Decree-Law on Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organisations.

As part of the ongoing development of the legislative and legal framework, this decree seeks to enhance the legal structure that supports the efforts of the country’s relevant authorities in combating financial crimes.

It also aims to strengthen the UAE's technical compliance with international recommendations and treaties on these matters.

Furthermore, the decree aligns with the national strategy launched to safeguard the local financial ecosystem by implementing pioneering standards to counteract crimes that negatively impact national economies.

The amendments include the establishment of the National Committee for Anti-Money Laundering, Combating the Financing of Terrorism, and Financing of Illegal Organisations, to be formed by a Cabinet decision.

They also provide for the creation of the Supreme Committee for the Oversight of the National Strategy for Anti-Money Laundering and Counter-Terrorism Financing. A Cabinet decision will outline its formation and operating regulations.

According to the decree, the Supreme Committee will be responsible for studying, overseeing, and assessing the effectiveness of strategies and measures implemented by the National Committee for Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organisations.

It will also define measures to be observed, set requirements for the National Committee and relevant entities, issue the necessary decisions in this regard, and monitor their implementation.

The new decree also stipulates the need for coordination between the National Committee and relevant entities, guiding and urging them to provide adequate support to the National Committee to facilitate its performance and fulfil its duties.

This coordination is also intended to ensure that the National Committee can effectively oversee the development of the Mutual Evaluation Report, which assesses the country’s compliance with international standards on Anti-Money Laundering and Combating the Financing of Terrorism, and monitor their implementation.

Additionally, the decree mandates the establishment of a General Secretariat for the National Committee, headed by a Secretary-General.

The Secretary-General will also serve as the Vice-Chairperson of the National Committee and as a member of the Supreme Committee.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Get Married in Just 24 Hours: ADJD Introduces Express Civil Marriage Service in Abu Dhabi

The Abu Dhabi Judicial Department (ADJD) has introduced an express civil marriage service that enables couples to legally marry within 24 hours.

This service is available to both residents and tourists, offering a fast, convenient, and hassle-free marriage process. The express service can be accessed online or in person.

Background: Law No. 14 of 2021

The Abu Dhabi Government enacted Law No. 14 of 2021 Concerning Personal Status for Non-Muslim Foreigners. This law emphasises the importance of formalising marital relationships, aiming to protect the rights of both spouses and their children.

It provides a legal framework for civil marriages independent of religious laws, ensuring fair and consistent treatment for all parties involved.

What is a Civil Marriage?

Under Article 7 of the law, a marriage is classified as civil when it is conducted and officially recorded according to prevailing laws and regulations, without regard to religious laws.

This allows both UAE residents with Emirates IDs and non-residents to marry, including situations where one spouse is a resident and the other is a visitor.

Types of Civil Marriage

The ADJD offers two types of civil marriage services:

Standard Civil Marriage:

* The court schedules the date and time based on availability.

* The entire process takes between 2 to 3 weeks.

Express Marriage:

* Allows couples to select their preferred date and time for the ceremony.

* The process is expedited, taking 2 to 3 days.

Eligibility and Requirements for Civil Marriage

Couples must meet specific conditions and provide the required documents to apply for the fast-track marriage process. This express service is accessible to all, presenting a unique opportunity for UAE residents and tourists alike. To qualify, applicants must provide:

Passport copy

* UAE residence visa (if applicable)

* Emirates ID copy (if applicable)

* Active UAE PASS app (if applicable)

* Declaration of single status

* Completed marriage application form

* Proof of divorce, if applicable

* Death certificate of a former spouse, if applicable

* A fully completed and signed application form for civil marriage, with the 'Express' option marked

* A prenuptial agreement, though optional, can be presented by the couple

Application Process

The ADJD has simplified the application process with two methods:

Online Application:

* Access the official ADJD website: www.adjd.gov.ae.

* Sign in to your UAE Pass account (visitors can create one if necessary).

* Complete the online form with details of both parties.

* Attach the required documents, including the marriage application form.

* Pay the express service fee using a credit or debit card.

In-Person Application:

* Visit the ADJD typing centre or the Civil Family Court.

* Submit the completed marriage application form and necessary documents to the respective authorities.

The ADJD provides a step-by-step guide for those using the online application system to ensure clarity in the marriage process.

Step-by-Step Online Application Guide

Log into the ADJD Portal and Select the Civil Marriage Online Form

* Visit the official ADJD website: www.adjd.gov.ae/en/Pages/CivilFamilyCourt.aspx.

* Click on 'Marriage' and choose whether you are a UAE resident or a tourist.

* Log in with your UAE Pass account.

* Register a new case by selecting 'Civil Family Court Registration Requests (Marriage, inheritance, and wills)'.

* Select the region and branch (ADJD headquarters).

Fill Out the Application and Submit Documents Online

* Choose 'Non-Muslim Marriage' and then 'Premium Civil Marriage'.

* Fill in the online form with details of both parties.

* Verify the details from the UAE Pass account and upload the required documents, including the marriage application form.

Pay the Fee for the Express Service

* Verify the application details and pay the express service fee online with a credit or debit card.

Receive Approval and Set the Date and Time for the Wedding

* You will receive approval within 24 hours. Set a date and time via the online appointment system or the court will contact you to arrange it. Once confirmed, you will receive the appointment details by email. The wedding will take place at the Civil Family Court.

You will receive the marriage certificate at the end of the ceremony. According to the ADJD, the document must be notarised and attested by the UAE’s Ministry of Foreign Affairs (MOFA).

Tie the Knot via Video Call

The ADJD also offers the convenience of virtual civil marriage ceremonies through video conferencing. Once your marriage contract is finalised and digitally signed, you can choose between an in-person or online ceremony when booking your appointment.

Your certified marriage contract will be delivered to you electronically as soon as the ceremony is complete.

How Long Does the Process Take?

Your express civil marriage application will be processed by the ADJD within 24 hours (one working day).

Post-Ceremony Formalities

After the express civil marriage ceremony, couples must fulfil certain formalities to ensure their marriage is fully recognised and documented:

* Notarisation and Attestation: The ADJD marriage certificate must be notarised and attested by the UAE’s Ministry of Foreign Affairs (MoFA).

* Additional Documentation: Additional documentation may be required, such as a prenuptial agreement or legal translations of certain documents.

Ceremony Details

The ceremony takes place at the Civil Family Court in the ADJD main court building. The working hours are:

* Monday to Thursday: 9:00 AM to 1:30 PM

* Friday: 9:00 AM to 11:00 AM
The ceremony lasts about 15 minutes. Couples can exchange rings, include personal vows, and invite guests to the ceremony. Photographs and videos are permitted.

After the Ceremony

Standard Marriage: Marriage certificate issued within 3 days.

Express Marriage: Marriage certificate issued immediately after the ceremony.

To be valid outside the UAE, the marriage certificate must be attested by the Ministry of Foreign Affairs.

Fees

Standard Civil Marriage: Dh300

Express Civil Marriage: Dh2,500

Marriage/Pre-Nuptial Agreement: Additional Dh950

Conclusion

The express civil marriage service offered by the Abu Dhabi Judicial Department reflects the city’s commitment to providing efficient and innovative solutions for residents and visitors.

The streamlined application process and quick turnaround allow couples to begin their marital journey promptly, bypassing traditional delays and bureaucratic obstacles.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Overview of Civil Transactions Law and Civil Procedure Law: Key Provisions, Recent Updates

The UAE Civil Transactions Law, Federal Law No. 5 of 1985, is the primary legal framework governing civil and commercial transactions in the United Arab Emirates.

It regulates contractual relationships, property rights, and tortious claims, combining traditional Islamic principles with modern legal standards.

While, the UAE Civil Procedure Law, established by Federal Decree-Law No. 42 of 2022, governs civil litigation procedures in the UAE. Replacing Federal Law No. 11 of 1992, it introduces updates for greater procedural efficiency and clarity.

Key Provisions of the UAE Civil Transactions Law

Contract Formation: Defines the essential elements for a valid contract, including mutual consent, lawful object and a legal cause.

Contract Interpretation: Emphasises interpreting contracts based on the parties' intentions rather than literal meanings.

Performance of Contracts: Addresses obligations and the requirement for good faith in fulfilling contractual duties.

Non-Performance and Remedies: Details remedies for non-performance, including claims for damages and specific performance.

Property Rights: Regulates ownership, transfer and related rights for real estate and movable property.

Obligations Arising from Torts: Covers liability for wrongful acts and compensation for damages.

Contracts for Sale: Governs the sale of goods, including contract formation, delivery, and handling defects.

Lease Agreements: Regulates lease contracts, outlining landlords' and tenants' rights and responsibilities.

Agency Agreements: Provides rules for agency relationships, including agents' authority and obligations.

Insurance Contracts: Details provisions for insurance contracts, including rights, obligations and claims processes.

Key Provisions of the UAE Civil Procedure Law

Jurisdiction: Defines the scope of UAE courts' jurisdiction for various civil cases.

Filing of Lawsuits: Details the process for initiating legal proceedings, including required documentation and procedural steps.

Service of Process: Outlines methods for serving legal documents, including service outside the UAE.

Evidence and Hearings: Regulates evidence presentation and court hearings, including standards for admissibility.

Judgment and Execution: Covers procedures for issuing and enforcing court judgments.

Appeals: Provides the framework for appealing judgments, including time limits and procedural requirements.

Interim Measures: Allows for temporary measures, such as injunctions or attachments, during litigation.

Costs and Fees: Addresses court costs and legal fees, including provisions for cost recovery.

Remote Proceedings: Introduces provisions for remote communication technologies to enhance accessibility.

Special Procedures: Defines specific procedural rules for certain case types, such as commercial or family law matters.

Overview of UAE Civil Transactions Law and UAE Civil Procedure Law

Contractual disputes in the UAE are primarily settled based on contract interpretation. UAE courts apply established principles found in Chapter 4 of the Civil Transactions Act (Civil Code) under "Construction of Contracts." The terms 'construction' and 'interpretation' are used interchangeably.

Federal Law 42 of 2022, the new civil procedure law, consolidates and replaces Federal Law No. 11 of 1992 and its executive regulations under Cabinet Resolution No. 57 of 2018. It came into effect on January 2, 2023.

Significant Changes Under the New Law

Service Outside the Jurisdiction: Article 11(2) mandates that service outside the jurisdiction must occur within 21 working days from the date the Ministry of Foreign Affairs sends the notice and/or documents to the diplomatic mission in the foreign country.

Cheques as Enforceable Instruments: Article 212 lists enforceable instruments, including judgments and settlement agreements. Article 143(2) confirms that cheques are enforceable instruments, aligning with Federal Law No. 14 of 2020, which decriminalized bounced cheques. Enforcement files for dishonored cheques can now be opened directly.

Court of Appeal: Articles 167(2) and (3) grant the Court of Appeal new powers to filter appeals, allowing for an 'in chambers' review and a 20-working-day period to issue a reasoned decision or set a hearing.

Appeals to Cassation: The time limit for cassation appeals is reduced to 30 days (previously 60). This applies only to cassations filed after January 2, 2023.

Objective or Subjective Method of Construction

In interpreting contracts, UAE judges may determine the parties' subjective intent or consider external acts objectively. Unlike common law traditions, which use a 'reasonable man' standard, the UAE Civil Transactions Act uses a subjective test to ascertain the parties' real intentions.

Rules of Construction

Plain Expressions: If a contract's expression is clear and aligns with the parties' true intentions, no further interpretation is needed. If it does not reflect their true will, the judge may interpret it to match their real intention.

Ambiguous Expressions: For ambiguous expressions, Article 265(2) states that the common intention of the parties should be considered, focusing on more than just the literal meaning. This aligns with the parole evidence rule, which allows only the contract itself for interpretation.

Construction in Case of Doubt: Article 266 states that doubt should be construed in favour of the debtor, as a residual rule after other interpretation methods are exhausted.

Conclusion

The UAE Civil Transactions Act provides a general framework for contract interpretation, with courts typically adhering to statutory provisions. However, these rules are guidelines and can be modified or excluded by agreement.

Litigation procedures in the UAE are governed by federal laws, with civil procedures regulated by Federal Decree-Law No. 42 of 2022. Criminal procedures are covered by Federal Decree-Law No. 38 of 2022, detailing investigation methods, trial procedures, and judgment enforcement.

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CBUAE Unveils New Insurance Broker Regulations to Enhance Stability and Transparency

The Central Bank of the UAE (CBUAE) introduced the new "Insurance Brokerage Regulation" on July 25, 2024, which supersedes all previous guidelines and regulations for insurance brokers.

The new regulation will come into effect six months from its publication in the UAE gazette, anticipated by late January or February 2025.Insurance brokers and insurers must align their operations with the new rules within this period.

Major Changes

Redefinition of Insurance Brokerage: Insurance brokerage now explicitly includes soliciting, negotiating, or selling insurance or reinsurance contracts, eliminating ambiguities that previously allowed unregulated entities to operate as intermediaries.

Categorisation of Brokerage Licences:  Licences are now divided into primary insurance, reinsurance and composite insurance. This change allows entities to specialise in reinsurance with different regulatory requirements compared to primary insurance brokers.

Prohibition on Premium Collection: Insurance brokers can no longer collect premiums; this responsibility now lies solely with insurance companies. This prohibition raises questions about the future relevance of the escrow requirements set by the CBUAE in 2022.

Commission Payments: Insurers must pay commissions to brokers within 10 business days of receiving the premium. For premiums paid in installments, brokers receive proportional commission payments accordingly.

Minimum Capital and Bank Guarantee: While the minimum capital and bank guarantee requirements remain unchanged, they are now distinct obligations. Brokers must maintain these separately, impacting their balance sheets -- a detail still awaiting full clarification.

External Auditors: All brokers must appoint external auditors approved by the CBUAE.

Issuance of Policies and Endorsements: Only insurance companies are authorised to issue insurance policies, amendments and endorsements, except for motor insurance certificates, if agreed upon.

Corporate Governance Policy: Brokers must implement a comprehensive corporate governance policy covering internal structure, management practices and procedures to ensure transparency, accountability and ethical behaviour.

Financial Soundness: Brokers must inform the CBUAE immediately if their net equity falls below 100% and present a plan to rectify it within 15 days. During this period, they cannot undertake new business but must continue servicing existing clients.

Outsourcing Requirements: Brokers must obtain the CBUAE's approval for outsourcing material business activities, which cannot be outsourced outside the UAE. The definition of "material business activity" remains unspecified.

Offering Discounts: Brokers are prohibited from offering discounts from their commissions to customers. Discounts must come directly from the insurer according to underwriting guidelines.

Cybersecurity and Data Retention: Brokers must maintain robust policies to prevent and address data breaches, ensuring personal data is stored within the UAE and retained for a minimum of 10 years.

Conclusion

The new regulations underscore the CBUAE’s dedication to enhancing the insurance brokerage sector's stability, transparency and fairness.

The CBUAE may apply proportionality, tailoring requirements based on the nature, scale, and complexity of a broker's business, ensuring the overarching goals of the regulations are met without strictly adhering to every specific mandate.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Employers in the UAE May Face Up to Dh200,000 Penalty for Unfair Workplace Practices

Employers in the UAE may incur substantial fines for engaging in unfair practices. According to Article 60 of Federal Decree-Law No. 33 of 2021 under UAE Employment Law, those found guilty of such practices can be fined between Dh50,000 and Dh200,000.

These unfair practices include:

* Employing Workers Without a Work Permit: Hiring employees without the necessary work permit from the Ministry of Human Resources and Emiratisation (MoHRE).

* Recruiting Without Providing Work: Hiring employees and then not assigning them any work.

* Misuse of Work Permits: Using work permits for purposes other than those for which they were issued.

* Improper Closure of Businesses: Closing or ceasing operations of an establishment without settling employees' entitlements, thereby violating the relevant Decree-Law.

* Employing Juveniles Illegally: Hiring juveniles in contravention of the law’s provisions.

* Employment Agreements Violating Juvenile Regulations: Agreeing to employment terms for juveniles that do not comply with the legal requirements concerning their guardians.

In addition, Articles 58 through 63 of the UAE Employment Law outline penalties for other types of unfair practices by employers.

During inspections, MoHRE officials may identify and report violations. According to Article 33(2) of Cabinet Resolution No. 1 of 2022, inspectors will document any violations and report them to the relevant authorities.

Employers are required to cooperate with these inspectors by providing necessary information and access.

Employees impacted by unfair practices can file complaints with MoHRE under Federal Decree-Law No. 20 of 2023, which amends certain provisions of Federal Decree-Law No. 33 of 2021.

Additionally, if multiple employees are affected, they can file a collective dispute with MoHRE as per Article 56 of the UAE Employment Law and Article 32 of Cabinet Resolution No. 1 of 2022.

Employees facing unfair treatment should consider filing a complaint with MoHRE. If an individual employee is not directly affected but knows others who are, they can advise their colleagues to file complaints.

MoHRE will review and take action based on these complaints, ensuring that unfair practices are addressed and rectified.

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UAE's Pioneering Data Privacy Law Faces Major Setbacks Amid Prolonged Delayed Rules

In September 2021, the United Arab Emirates (UAE) introduced Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PPD), marking a significant advancement in data protection for the region.

As a pioneering standalone data privacy law, the PPD establishes a foundational framework for data protection. However, the law's effectiveness is hindered by the delayed issuance of its Executive Regulations (ER), creating uncertainty for data controllers and processors.

The Critical Role of Executive Regulations

The PPD consists of 31 articles, many of which defer to the ER for essential details and clarity. Initially expected within six months of the PPD's enactment, the ER's delay leaves critical data privacy principles, controls and conditions undefined.

Anticipated Focus Areas of the ER

Exemptions: The UAE Data Office may exempt certain establishments from some or all PPD requirements based on their data processing volumes. The ER will specify the conditions and procedures for these exemptions.

Additional Legal Basis: The ER might introduce additional legal grounds for data processing, such as legitimate interest, which provides flexibility for activities like marketing. This flexibility, however, must be regulated to prevent potential misuse.

Data Breaches: While the PPD requires reporting data breaches to the UAE Data Office and affected individuals, it lacks specifics on the timeline and severity levels of breaches that must be reported. The ER is expected to clarify these obligations.

Data Transfers: The PPD permits personal data transfers to countries with adequacy decisions and through mechanisms like explicit consent or safeguards. The ER should list adequate countries and detail whether standard contractual clauses will be used.

Penalties: The PPD does not outline penalties for non-compliance. The ER may adopt a structured penalty system similar to the GDPR, specifying fines for various violations and granting the UAE Data Office additional corrective powers.

Influence of Potential Fines on Compliance

The prospect of significant fines is a strong motivator for compliance. Globally, hefty fines have heightened awareness of data privacy's importance.

In the UAE, even without stringent enforcement, the rise in data privacy concerns reflects the operational and reputational risks, encouraging stakeholders to adhere to the PPD.

Enforceability and Compliance Preparation

Effective January 2, 2022, the PPD provided a six-month grace period post-ER issuance for compliance. While the ER delay offers time for preparation, it also leaves vital data privacy principles unaddressed, possibly complicating a smooth transition.

Proactive Steps for Stakeholders

Despite the current uncertainty, stakeholders should proactively establish robust data privacy systems. Key steps include familiarising with the PPD, setting up compliance frameworks, and preparing for the ER. This proactive approach will ensure readiness and mitigate non-compliance risks once the ER is released.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels

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UAE's Pioneering Data Privacy Law Faces Major Setbacks Amid Prolonged Delayed Rules

In September 2021, the United Arab Emirates (UAE) introduced Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PPD), marking a significant advancement in data protection for the region.

As a pioneering standalone data privacy law, the PPD establishes a foundational framework for data protection. However, the law's effectiveness is hindered by the delayed issuance of its Executive Regulations (ER), creating uncertainty for data controllers and processors.

The Critical Role of Executive Regulations

The PPD consists of 31 articles, many of which defer to the ER for essential details and clarity. Initially expected within six months of the PPD's enactment, the ER's delay leaves critical data privacy principles, controls and conditions undefined.

Anticipated Focus Areas of the ER

Exemptions: The UAE Data Office may exempt certain establishments from some or all PPD requirements based on their data processing volumes. The ER will specify the conditions and procedures for these exemptions.

Additional Legal Basis: The ER might introduce additional legal grounds for data processing, such as legitimate interest, which provides flexibility for activities like marketing. This flexibility, however, must be regulated to prevent potential misuse.

Data Breaches: While the PPD requires reporting data breaches to the UAE Data Office and affected individuals, it lacks specifics on the timeline and severity levels of breaches that must be reported. The ER is expected to clarify these obligations.

Data Transfers: The PPD permits personal data transfers to countries with adequacy decisions and through mechanisms like explicit consent or safeguards. The ER should list adequate countries and detail whether standard contractual clauses will be used.

Penalties: The PPD does not outline penalties for non-compliance. The ER may adopt a structured penalty system similar to the GDPR, specifying fines for various violations and granting the UAE Data Office additional corrective powers.

Influence of Potential Fines on Compliance

The prospect of significant fines is a strong motivator for compliance. Globally, hefty fines have heightened awareness of data privacy's importance.

In the UAE, even without stringent enforcement, the rise in data privacy concerns reflects the operational and reputational risks, encouraging stakeholders to adhere to the PPD.

Enforceability and Compliance Preparation

Effective January 2, 2022, the PPD provided a six-month grace period post-ER issuance for compliance. While the ER delay offers time for preparation, it also leaves vital data privacy principles unaddressed, possibly complicating a smooth transition.

Proactive Steps for Stakeholders

Despite the current uncertainty, stakeholders should proactively establish robust data privacy systems. Key steps include familiarising with the PPD, setting up compliance frameworks, and preparing for the ER. This proactive approach will ensure readiness and mitigate non-compliance risks once the ER is released.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels

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How to Stop Unwanted Marketing Calls in the UAE: Latest Rules, Legal Actions

The UAE government has introduced transformative legislation through Cabinet Resolutions No. 56 and No. 57 of 2024 to regulate telemarketing practices.

Effective August 27, 2024, these rules aim to protect consumers from unwanted marketing calls while ensuring businesses operate transparently and ethically.

Key Provisions of Cabinet Resolution No. 56 of 2024

Objective and Scope

The new regulations seek to balance consumer privacy with business needs by controlling the marketing of products and services via phone calls.

Applicable to all licensed companies in the UAE, including those in free zones, the rules prohibit natural persons from making marketing calls using personal phone numbers.

Obligations for Companies

* Approval and Training: Companies must obtain prior approval from the Telecommunication and Digital Governance Regulatory Authority (TDRA) before telemarketing. They are also required to train their marketers on professional ethics and the use of the Do Not Call Registry (DNCR).

* Local Numbers: All marketing calls must be made using local phone numbers registered under the company’s commercial licence.

* Record-Keeping and Reporting: Companies are required to maintain detailed records of all marketing calls and submit regular reports to the relevant authorities.

* Call Controls: Marketing calls are restricted to between 9.00 am and 6.00 pm. Companies must avoid deceptive practices and undue pressure tactics. If a consumer rejects a product or service, the company must not call them again.

Furthermore, companies can call consumers no more than once a day and twice a week if the call goes unanswered.

Consumer Protection

Consumers can register their phone numbers in the DNCR to avoid unsolicited marketing calls.

Should they continue to receive unwanted calls, they can file a complaint with the TDRA, which will investigate and take action against the offending company.

Penalties Under Cabinet Resolution No. 57 of 2024

Cabinet Resolution No. 57 outlines strict penalties for companies and natural persons that violate the telemarketing regulations. The penalties for businesses that contact consumers on the DNCR include:

First Violation: Dh50,000 fine

Second Violation: Dh75,000 fine

Third and Subsequent Violations: Dh150,000 fine

Additional sanctions may include warnings, suspension of telemarketing activities, and even the cancellation of business licences, depending on the severity and frequency of the violations.

For individuals, penalties include fines and interruptions of phone services, escalating with repeated violations.

Grievance Mechanism

Companies and individuals can file grievances against penalties within 15 days, and the relevant authority must decide on the grievance within 30 days, ensuring a fair and transparent process.

Taking Legal Action Against Unwanted Sales Calls

If you continue to receive unwanted sales calls despite these regulations, here are the steps you can take to protect your privacy:

* Register with the Do Not Call Registry: Ensure your number is listed on the UAE's Do Not Call Registry (DNCR). This is your first line of defence against unsolicited calls.

* Report Violations: If you receive a call that violates the TRA’s regulations, report it. You can file a complaint through the Telecommunication and Digital Governance Regulatory Authority (TDRA)’s official website or contact their customer service hotline.

Be prepared to provide details such as the caller’s number, the time of the call, and the nature of the violation.

* Document Calls: Keep a record of the unwanted calls you receive. Note the date, time and any information about the caller. This documentation can support your complaint and any legal action you may pursue.

* Block Numbers: Use your phone’s call-blocking features to prevent future calls from specific numbers. While this is a reactive measure, it can provide immediate relief from persistent callers.

Understanding Your Legal Rights

From a legal perspective, residents in the UAE have robust protections against unwanted telemarketing calls. The TRA's regulations are designed to uphold privacy and ensure that telemarketing activities are conducted ethically.

Violations of these regulations can result in penalties for the offending companies, including fines and potential bans from conducting telemarketing activities.
Moreover, under UAE law, individuals have the right to privacy, which extends to unwanted intrusions via telemarketing calls.

If a telemarketing company breaches these privacy rights, affected individuals can seek legal recourse, potentially leading to compensation for any distress or inconvenience caused.

The UAE's latest telemarketing regulations mark a significant step towards protecting residents from the nuisance of unwanted sales calls. By understanding these regulations and knowing how to take action, you can safeguard your privacy and hold violators accountable.

If you find yourself inundated with unsolicited calls, remember that legal avenues are available to ensure that your rights are respected.

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Muslim Divorce in the UAE: Prejudice and Its Effects on Alimony and Child Custody

For Muslim women in the UAE seeking a divorce, it is important to understand the distinction between divorce due to prejudice and divorce without prejudice.

This differentiation significantly affects the alimony awarded to the wife, though it does not impact child alimony or child custody arrangements.

Two significant types of divorce are "divorce due to prejudice" and "divorce without prejudice." Here's a look at the distinctions between the two:

Divorce Due to Prejudice

Divorce due to prejudice (also known as fault-based divorce) occurs when one spouse files for divorce citing specific wrongful conduct by the other spouse. This conduct must be proven in court and should be serious enough to warrant the dissolution of the marriage.   

Divorce Without Prejudice

Divorce without prejudice (also known as no-fault divorce) allows couples to dissolve their marriage without assigning blame or proving wrongful conduct. This type of divorce is based on the notion of "irreconcilable differences" or the mutual consent of both parties to end the marriage.

Alimony Considerations

The UAE's Federal Law No. 28 on Personal Status, specifically Article 140, outlines the considerations for compensation alimony (Motaa’).

If a husband unilaterally divorces his wife from a valid consummated marriage without her request, she is entitled to compensation beyond the alimony paid during the waiting period.

The financial status of the husband determines this compensation, which must not exceed a one-year alimony payment for those in similar conditions.

The judge may order the compensation to be paid in installments, depending on the husband's financial situation.
In assessing the compensation amount, the prejudice sustained by the wife is considered.

The law emphasises the need to consider the debtor's possibilities, the beneficiary's circumstances and the prevailing economic conditions, ensuring the alimony amount does not fall below a sufficient level for the wife or child.

Proving Prejudice

Article 122 of the Personal Status Law details establishing prejudice in a divorce case. Prejudice must be proven through legal means such as testimony, documents, oaths and court judgments against one of the spouses.

Hearsay testimony is accepted if the witness explains or it is understood that the prejudice is widespread in the spouses' environment, as decided by the court. However, hearsay testimony to negate prejudice is not accepted.

Both male and female witnesses' testimonies are accepted, except for the testimony of an ascendant against a descendant or vice versa. The witness must fulfill the legal conditions for testimonial evidence.

Understanding the nuances of divorce due to prejudice versus divorce without prejudice is crucial for Muslim women in the UAE.

This distinction directly impacts the alimony awarded to the wife, while child alimony and custody remain unaffected.
By knowing the legal requirements and processes for proving prejudice, individuals can better navigate the complexities of divorce proceedings in the UAE.

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Minimum Three Months Behind Bars and Dh15K Fine for Selling Tobacco to Minors in the UAE

Tobacco consumption poses a significant public health concern worldwide. According to the World Health Organisation (WHO), tobacco claims the lives of over 8 million people annually, with approximately 1.3 million non-smokers succumbing to the effects of second-hand smoke.

In the UAE, health experts underscore the severe health risks posed by second-hand smoke to non-smokers, including children, particularly in confined spaces.

Despite the prevalence of smoking among UAE residents, the emergence of e-cigarettes and vapes has introduced alternative smoking methods, making tobacco-related products more accessible.

In response, UAE legislation has implemented stringent measures to combat smoking, particularly among minors, and to regulate the sale of tobacco-related products.

Smoking is strictly prohibited in enclosed public areas, educational institutions, healthcare facilities, places of worship and certain outdoor areas.

It is also illegal to sell tobacco and vape products to individuals under the age of 18. Violating these laws can lead to fines, penalties, or other legal consequences.

Federal Laws Governing Smoking and Tobacco

Federal Law No. 3 of 2016 (Wadeema's Law)

Federal Law No. 3 of 2016, known as Wadeema's Law, addresses child rights and forbids the sale or attempt to sell tobacco or tobacco products to children. Sellers are required to verify the purchaser's age, ensuring they are at least 18 years old.

Additionally, smoking in public or private transportation and indoor places in the presence of a child is strictly prohibited. Violators face fines starting at Dh5,000.

Federal Law No. 15 of 2009: Additional Prohibitions

Federal Law No. 15 of 2009 outlines several prohibitions and penalties related to smoking, including:

* Selling tobacco products to individuals under 18.

* Smoking in private cars when a child under 12 is present.

* Smoking in houses of worship, educational institutions, and health and sports facilities.

* Selling sweets resembling tobacco products.

* Operating automatic vending equipment and devices for tobacco distribution.

* Tobacco advertising.

Penalties for Selling Tobacco to Minors

Selling or attempting to sell tobacco products to minors incurs severe penalties, including a minimum prison sentence of three months and/or fines not less than Dh15,000. Sellers must verify the purchaser's age to ensure they are at least 18 years old.

This penalty also applies to those selling or attempting to sell alcoholic beverages or any other hazardous materials to minors, prioritising the protection of children's health and well-being.

Vaping Regulations in the UAE

In April 2019, the UAE made a significant policy shift by lifting its ban on the sale of e-cigarettes, vaping devices and e-liquids. This change allowed these products to be legally sold under stringent regulations, aligning them closely with those governing traditional tobacco products.

The primary aim was to offer smokers safer alternatives while bringing the previously unregulated market under strict control.

The Ministry of Industry and Advanced Technology (MoIAT) requires all vape products and e-liquids to meet specific standards. This includes mandatory health warnings on packaging similar to those found on conventional cigarette packs.

Additionally, it is illegal to sell these products to anyone under the age of 18. The UAE Ministry of Health and Prevention (MoHAP) oversees the regulation of the sale, possession, and usage of vape products. Despite the legalisation, strict regulations are enforced to safeguard public health. Both individuals and businesses involved in the vaping industry must stay updated with these regulations.

General Regulations on Smoking and Vaping

Legality and Age Restrictions

Vaping is legal in the UAE, but strict guidelines govern its sale, possession, and usage to ensure compliance with health and safety standards. The legal age for purchasing vape products is 18 years and above, with severe penalties for selling to minors.

Advertising Restrictions

Advertising of vape products is heavily regulated, with promotions through traditional media channels and online platforms largely prohibited to ensure compliance with the law.

Designated Areas for Smoking and Vaping

Vaping is permitted in designated areas such as vape shops, designated smoking areas, and private residences with consent. However, it is strictly prohibited in enclosed public spaces, educational institutions, healthcare facilities, places of worship, and certain outdoor areas.

Travelling with Vape Products

Travellers can legally bring vape products into Dubai, typically in reasonable quantities for personal use, but it is advisable to check the latest regulations and restrictions before travelling to ensure compliance with customs and immigration rules.

Variations in Regulations Across the Emirates
Vaping regulations can differ between emirates; while Dubai has its own set of laws, other emirates like Abu Dhabi and Sharjah may implement different regulations.

Penalties for vaping in prohibited areas can vary depending on the severity of the offence, including fines, confiscation of vape devices, or other legal consequences.

Cultural and Religious Considerations

The vaping industry has grown significantly in recent years, with more people choosing e-cigarettes over traditional smoking. This trend is particularly noticeable in the UAE.

However, there is ongoing debate within the Islamic community about whether vaping is permissible.

Some argue that it is "haram" (prohibited) due to potential health risks and its similarity to smoking, while others may consider it acceptable under certain conditions. It is advisable to seek guidance from religious scholars for clarification on this issue.

Conclusion

Understanding and adhering to the UAE's smoking and vaping regulations is essential for ensuring compliance and contributing to public health and safety.

By following these laws, individuals and businesses not only fulfil their legal obligations but also help promote the well-being of the broader community.

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Dubai Tenants Cannot Sub-let their Rented Premises Without Landlord's Written Consent

In Dubai, the real estate market is governed by stringent regulations to ensure transparency and fairness in rental agreemens. One crucial aspect of these regulations is the prohibition of subletting rented premises.

If you own a 2-bedroom flat in Dubai and rent it to an individual for their family, you might encounter legal issues if you find an unauthorised person staying there. This could indicate that the tenant has sublet part of the flat without your permission.

Legal Framework for Subletting in Dubai

In Dubai, a tenant cannot sublet rented premises without the landlord's written consent unless this has been explicitly agreed upon in the rent agreement.

This regulation is outlined in Article 24 of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in Dubai, which states that “unless otherwise agreed by the parties to a lease contract, the tenant may not sublease, or assign the use of the real property to third parties unless the relevant written consent of the landlord is obtained."

Additionally, under Article 25 (1) (b) of Law No. 33 of 2008 Amending Law No. 26 of 2007, a landlord is entitled to evict a tenant if they sublet the property without written consent.

This law specifies that a landlord can request the eviction of a tenant before the lease contract expires under certain conditions.

One such condition is when a tenant sublets the property or any part of it without the landlord's written approval. In this case, both the tenant and the subtenant can be evicted.

However, the subtenant has the right to claim compensation from the tenant for any losses incurred due to the eviction.

Steps for Landlords

If you suspect that your tenant has sublet the property without your consent, you can take the following steps:

Review the Rent Agreement: Check your tenancy agreement for any specific clauses regarding subletting and consent requirements.

Communicate with the Tenant: Initially, discuss the issue with your tenant both verbally and in writing (via email or letter), stating that they have sublet a portion of the rented apartment without obtaining your written consent.

Request that they make arrangements to vacate the subtenant and compensate you for any damages caused.

Send a Formal Notice: Issue a formal written notice to your tenant through a Notary Public or by registered post, stating that they have breached the rental agreement by subletting without your consent and requesting immediate eviction of the rented apartment.

Consider Legal Action: If the tenant and the subtenant do not comply with the eviction notice, you may approach the Dubai Rental Dispute Centre (RDC) to initiate legal proceedings. The RDC has jurisdiction over all disputes between the owner and tenant of any real estate property in Dubai.

In cases where no crime has been committed, the Dubai police typically do not have jurisdiction, leaving the matter to the RDC.

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Are You a Victim of Online Scam or Cyber Fraud in UAE? Here's a Guide on How to Report It

Even though we may be aware of online scams, we can still fall victim to them. Cybercriminals are constantly finding new ways to deceive people. It can be confusing to determine whether a link is from your registered bank or a fraudster.

For example, you might receive a message claiming you’ve won a gift card worth one million dollars, but you need to pay delivery charges. Out of excitement, you click the link, believing you’re lucky, only to end up losing all the money in your bank account.

If you find yourself in such a situation, don’t wait to go to the police station; you can now report it online. To save you time and effort, UAE authorities have launched apps and websites where you can quickly report a crime.

Some people might not feel comfortable visiting a police station and providing evidence in person; these platforms allow you to upload screenshots and digital copies of your evidence.
Here are a few websites and apps where you can report:

MoI App: The Ministry of Interior offers an app where you can access eCrime services to file a report and request information about a reported crime.

Dubai Police eCrime Service: Visit the official website (https://www.dubaipolice.gov.ae/) and select ‘Services’. Click on 'Reports Services' and then choose 'eCrime'. Complete the form and attach documents and evidence in PDF format to avoid uploading issues.

'My Safe Society' App: Created by the UAE Public Prosecution, this app makes it easy to report a crime. It’s user-friendly, allowing you to file a report by attaching digital copies of supporting documents. You can upload photos, videos, audio files, or even website links.

Abu Dhabi Police Aman Service: Abu Dhabi Police have introduced the Aman Platform. Visit the website (https://adpolice.gov.ae/en) and click on the ‘Aman’ Service option. Select ‘Submit a Case’ and provide the necessary details, including information about the crime, the scammer's name, contact details, and email address.

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Transferring Estate Ownership After Death of a Spouse: Legal Procedures, Tax Implications

Losing a spouse is one of life's most challenging experiences. Amidst the emotional turmoil, there are practical matters to address, such as transferring property owned by the deceased spouse.

This process can be complex, but with the right knowledge and guidance, it can be navigated smoothly. In this guide, we'll walk you through the steps involved in transferring property after the death of a spouse, covering everything from understanding ownership types to the legal procedures involved.

Understanding Ownership Types

Before delving into the transfer process, it's crucial to understand the different types of property ownership. Married couples typically hold property in one of the following ways:

Joint Tenancy with Right of Survivorship (JTWROS): In JTWROS, each spouse has an equal ownership interest in the property. If one spouse passes away, the surviving spouse automatically inherits the deceased spouse's share.

Tenancy by the Entirety: This form of ownership is only available to married couples and offers similar benefits to JTWROS. It provides for the automatic transfer of the deceased spouse's share to the surviving spouse.

Community Property: In states that recognise community property laws, property acquired during the marriage is considered jointly owned by both spouses. Upon the death of one spouse, their share typically passes to the surviving spouse.

Separate Property: Property acquired by one spouse before marriage or through inheritance or gift during marriage is considered separate property. The transfer of separate property after the death of a spouse may follow different rules depending on the jurisdiction.

Immediate Steps to Take

Upon the death of a spouse, several immediate steps need to be taken:

Obtain the Death Certificate: The death certificate is a crucial document required for various legal and administrative purposes. You'll need multiple copies, so make sure to request an adequate number from the relevant authorities.

Locate Important Documents: Gather all relevant documents related to the deceased spouse's assets, including property deeds, wills, trusts, and financial account information.

Notify Relevant Parties: Inform banks, financial institutions, insurance companies, and other relevant parties about your spouse's death. This will help prevent unauthorised access to accounts and ensure a smooth transition of assets.

Consult Legal and Financial Professionals: Seeking guidance from professionals experienced in estate planning and probate matters can be invaluable. They can provide personalised advice based on your specific circumstances.

Probate vs. Non-Probate Assets

In estate administration, assets are typically categorised as either probate or non-probate assets:

Probate Assets: These are assets subject to the probate process, which involves validating the deceased's will, paying off debts and taxes, and distributing assets according to the will or state laws if there is no will.

Real estate held solely in the deceased spouse's name or as tenants in common is generally considered a probate asset.

Non-Probate Assets: Non-probate assets pass directly to designated beneficiaries outside the probate process. Common examples include jointly owned property with the right of survivorship, assets held in a trust, retirement accounts with named beneficiaries, and life insurance proceeds.

Understanding the distinction between probate and non-probate assets is essential, as it determines the appropriate transfer process for each type of asset.

Transfer of Probate Property

If the deceased spouse owned property subject to probate, the following steps typically apply:

Initiate Probate Proceedings: If there's a will, the executor named in the will initiates the probate process by filing a petition with the probate court. If there's no will, the court will appoint an administrator to oversee the estate.

Inventory and Appraisal: The executor or administrator prepares an inventory of the deceased's assets, including real estate. An appraisal may be required to determine the fair market value of the property.

Settle Debts and Taxes: Before distributing assets to beneficiaries, the estate must settle any outstanding debts, taxes, and administrative expenses. This may involve selling assets, including real estate, to generate sufficient funds.

Transfer of Title: Once all debts and taxes have been paid, the remaining assets, including real estate, can be transferred to the beneficiaries according to the terms of the will or state intestacy laws.

Record the Transfer: To officially transfer ownership of real estate, the executor or administrator must prepare and record the necessary legal documents, such as a deed, with the appropriate government office, usually the county recorder's office.

Transfer of Non-Probate Property

For property that passes outside of probate, such as jointly owned property with right of survivorship or assets held in a trust, the transfer process is typically more straightforward:

Confirmation of Ownership: In the case of jointly owned property with right of survivorship, the surviving spouse automatically becomes the sole owner of the property upon the death of the other spouse. Similarly, assets held in a trust are distributed according to the terms of the trust document.

Update Ownership Records: The surviving spouse should update ownership records with the relevant authorities, such as the county recorder's office for real estate and financial institutions for bank accounts and investments.

Transfer of Trust Assets: If the deceased spouse had assets held in a trust, the successor trustee, typically the surviving spouse, is responsible for administering the trust and distributing assets to the beneficiaries according to the trust terms.

Considerations for Estate Taxes

Depending on the value of the deceased spouse's estate and the applicable tax laws, estate taxes may be owed. It's essential to consult with a tax professional to understand any potential tax implications and explore strategies for minimising tax liability, such as taking advantage of available deductions and exemptions.

Conclusion

Navigating the transfer of property after the death of a spouse can be a complex and emotionally challenging process.

By understanding the different types of property ownership, the distinction between probate and non-probate assets, and the applicable legal procedures, you can ensure a smooth transition of assets while honouring your spouse's legacy.

Seeking guidance from legal and financial professionals can provide invaluable support and peace of mind during this difficult time.

Remember to take things one step at a time and lean on your support network for assistance and emotional support.

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UAE Announces First Licensed Lottery Operator: Stringent Penalties for Illegal Gaming

The General Commercial Gaming Regulatory Authority (GCGRA), the federal entity overseeing commercial gaming activities in the UAE, announced the award of a licence to operate the UAE’s first authorised lottery.

According to official news agency WAM, the announcement marks a new milestone in the GCGRA’s efforts to establish a well-regulated commercial gaming sector in the UAE, built on the principles of transparency, accountability, consumer protection and responsible gaming practices.

The lottery licence was awarded to The Game LLC, a commercial gaming operator specialising in game development, lottery operations, and gaming-related content.

Operating under the banner of the “UAE Lottery,” the GCGRA’s first licensee will offer a diverse range of lottery games and other games designed to cater to players’ various interests and financial preferences.

Jim Murren, the Chairman of GCGRA, said, “The launch of the UAE Lottery is a pivotal event that not only marks the establishment of a disciplined world-class regulatory framework for lottery activities but also underscores our commitment to nurturing a secure and enriched commercial gaming environment in the UAE.”

Kevin Mullally, CEO of the GCGRA, reaffirmed: “The GCGRA is steadfast in its commitment to global best practices in consumer protection and regulatory oversight.

Our regulatory framework is designed to ensure the integrity, fairness, and transparency of commercial gaming activities in the UAE, which include lottery games. It also provides consumers with a comprehensive set of tools to monitor and manage their gaming activity.

Additionally, we are leveraging new technologies to foster the creation of safe, entertaining games and drive consumer-focused innovation.”

GCGRA has developed a comprehensive regulatory framework aimed at protecting consumers and the legitimate interests of all stakeholders.

Engaging in, conducting, or facilitating commercial gaming activities within the UAE without approval from the GCGRA is illegal and exposes offenders to severe penalties. Playing as a consumer via unlicensed operators is also illegal, according to the GCGRA framework.

What is Commercial Gaming

According to the GCGRA, commercial gaming refers to "any game of chance, or combination of chance and skill, where an amount of money, in cash or cash equivalents, is wagered – i.e., placed as a bet – for the purpose of winning a sum of money or other valuable items."

The definition extends to agreements within such games that require the loser to compensate the winner with money or any other valuable item.

"Commercial games encompass gaming machines, internet gaming, electronic skill-based games, lottery games, event wagering (including bets placed on certain events such as sporting events or horse racing), along with any other form of commercial gaming regulated and licensed by the GCGRA," the gaming regulator states on its website.

"It is important to note that games incorporating elements of skill alongside or in place of chance are still encompassed within the definition of commercial gaming. The integration of skill-based elements does not negate the characterisation of the activity as commercial gaming."

Engaging in, operating, or facilitating commercial gaming activities without a valid licence is unlawful and will result in legal action, including "criminal penalties." Participating as a player in activities offered by unlicensed operators — whether online or at a physical venue — is illegal and may subject individuals to "severe penalties."

For consumers, participating in unlicensed activities can lead to legal action. Additionally, there is a "high risk of fraud and financial losses, with no recourse through legal channels for recovery."

For companies, operating without a licence can result in "severe penalties, including fines and closure, tarnishing business reputation."

The GCGRA will determine if an activity falls within the definition of commercial gaming or promotional activities. In a legitimate promotion, prizes are treated as marketing expenses, not a method to generate revenue. Prizes typically include giveaways or time-sensitive discounts that are tied to the objective or goal of the promotion.

The GCGRA is an independent executive entity within the UAE federal government that regulates, licences and supervises all commercial gaming activities and facilities in the UAE.

Headquartered in Abu Dhabi, the GCGRA has a team of experts in commercial gaming regulation, financial crime prevention, gaming technology, law enforcement, responsible gaming and other related domains.

Responsible Gaming

The GCGRA enforces responsible practices across "every aspect of the gaming experience, from game design to marketing strategies and the provision of player support services."

Responsible gaming safeguards consumers and minimises the potential adverse consequences of excessive gaming for individuals and society. According to the authority, commercial gaming should be an entertainment and leisure activity, not a means to generate income or make money.

Gaming becomes problematic when a leisure activity turns into an unhealthy one that may lead to personal, financial, and social repercussions.

Problematic gaming is generally marked by reckless, impulsive, or compulsive engagement with gaming, indicating a lack of control and responsibility. Understanding and recognising the signs of problematic gaming is essential in creating a safe gaming environment for everyone and offering timely support.

Key signs include difficulty in stopping gaming despite a desire to quit, spending excessive time at gaming venues, betting beyond one's financial capabilities, and borrowing money to play or pay debts.

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Procedures for Obtaining UAE Family Residence Visa: Types, Costs, Essential Requirements

When bringing your family to the UAE, it's important to understand the various types of visas, their associated costs and requirements.

The UAE provides several visa options for family members such as spouses, children and parents, with costs and requirements varying based on the visa type and the sponsor’s relationship to the applicant.

Here, we'll provide a detailed guide on the procedures for obtaining a family residence visa in the UAE, including costs, requirements, eligibility, and other relevant information to ensure a smooth transition for your family.

Navigating Family Visas in the UAE

Family visas in the UAE allow residents to bring immediate family members such as spouses, children, and parents to live with them.

Acquiring a family visa requires meeting certain criteria, including proving the relationship, financial stability, and adequate accommodation. Understanding the costs and prerequisites of these visas is crucial to ensure a successful application.

Salary Requirement

* Male expatriates: At least Dh4,000 per month, or Dh3,000 plus accommodation.

* Female expatriates: At least Dh10,000 per month, or Dh8,000 plus accommodation.

Family Visa Costs in Dubai

2-Year Family Visa Costs: The cost for a two-year family visa can range from Dh3,000 to Dh7,000, depending on several factors such as the applicant’s location and the inclusion of insurance.

Breakdown

* Fees for medical tests, Emirates ID, and stamping: Approximately Dh3,500.

* Typing charges: Around Dh200-250.

* Renewal cost: Approximately Dh3,000.

Without Insurance

* Applicants in Dubai: Approximately Dh3,550.

* Applicants outside Dubai: Approximately Dh2,450.

With Insurance

* Applicants in Dubai: Approximately Dh5,322.

* Applicants outside Dubai: Approximately Dh4,022.

Sponsoring Parents’ Residence Visa in Dubai

1-Year Visa Costs

* Application fees at typing centres: Dh440.

* Refundable deposit fee: Dh5,000.

* Health insurance costs vary based on the coverage and provider.

Processing Time
The processing time for a Dubai family visa typically ranges from 15 to 17 days, but in rare cases, it may extend to 60 days.

Additional Considerations

Medical Examination: All family members over 18 must undergo a medical fitness examination, which includes tests for HIV and Tuberculosis.

Documentation: Essential documents include a salary certificate, tenancy contract, passport copies, medical clearance, marriage certificate, utility bill, and employment contract.

Regional Variations

Sharjah Family Visa Costs
Costs can vary based on the visa type and duration.

Estimated Costs

* UAE Family visa + COVID insurance: Approximately Dh887.54.

* 14-day UAE Tourist visa + COVID insurance: Approximately Dh336.99.

* 30-day UAE Tourist visa: Approximately Dh343.64.

Conclusion

Understanding the specifics of obtaining a family residence visa in the UAE, including its costs and requirements, is essential for a smooth application process.

By being aware of the salary requirements, general costs, and additional considerations, you can effectively plan for bringing your family to the UAE and ensure a successful transition.

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Firm Fined Dh5,000, Ordered to Return Dh4,000 to Bride Over Wedding Day Blunder

The Abu Dhabi Family, Civil and Administrative Cases Court has ordered a company to refund a bride Dh4,000 and fined it Dh5,000 as compensation.

The bride had contracted the company to prepare for her wedding ceremony, including organising a traditional henna procession with artificial flowers and other arrangements.

On the day of the event, it became evident that the preparations did not match what had been agreed upon and were not in accordance with the contract.

The henna booth was also found to be unsafe and prone to collapse. When the bride contacted the company, they attributed the issues to unforeseen weather conditions and offered to send a staff member to rectify what was possible.

In detail, the bride filed a lawsuit against the company, requesting the annulment of the contract due to non-compliance with its terms, a refund of Dh4,000, and compensation of Dh8,000 for the psychological and material damages she incurred.

She also requested that the appellee be obligated to pay the legal fees, expenses, and her lawyer's fees.

The bride pointed out that she had paid the company Dh2,000 upon signing the contract and subsequently transferred the remaining Dh2,000 to the appellee's account, but the company did not fulfil the contract. As a result, she had to hire another company to prepare for the ceremony at double the cost.

The court clarified that it was established through the contract that the plaintiff had paid Dh2,000 upon signing the contract and transferred the second instalment to the appellee's account.

The court added that despite being notified, the appellee did not appear before the court or present a defence.

Consequently, the court annulled the contract, ordered the appellee to refund the plaintiff Dh4,000, and mandated the appellee to pay Dh5,000 in compensation for all material and moral damages incurred by the plaintiff.

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Travellers Passing Through UAE Warned Against Non- Disclosure of Excess Cash

The Abu Dhabi Judicial Department (ADJD) has issued a warning to travellers passing through the country against failing to declare "currencies, precious metals, and precious stones" of significant value at any point of entry in the UAE.

In its warning bulletins on its website, the department stated that travellers arriving in or departing from the Emirates via airports or ports must disclose any money, precious metals, and precious stones whose value exceeds Dh60,000. Failure to do so is a punishable offence.

Declaration Procedure

The Federal Authority for Identity and Citizenship, Customs and Ports Security (ICP), in cooperation with the Abu Dhabi Judicial Department (ADJD), has launched an advanced electronic system called "Afsah" to enable travellers arriving in and departing from the UAE to declare cash and other specified possessions totalling more than Dh60,000 or its equivalent in foreign currencies.

Under the "Afsah" system, each family member over the age of 18 has the right to carry an amount not exceeding this limit without disclosure. Any amount exceeding this must be declared through "Afsah" or other approved disclosure systems at the country's border crossings.

The amount carried by travellers under the age of 18 is added to one accompanying adult family member, provided that the total value of what they carry together does not exceed Dh60,000.

Cash amounts must be disclosed in accordance with previous controls through the system, either via the website or the smart version via the smartphone application, where the disclosure process and registration of data can be completed easily.

The system aims to ensure the security of travellers and their money in line with international laws and standards, and in harmony with the state’s directives and legislation, which enhance the country’s competitiveness and consolidate its position regionally and globally.

Fines

If a traveller violates the disclosure system and fails to declare cash and other specified possessions exceeding the permitted limit of Dh60,000, a customs fine will be imposed in accordance with the Unified Customs Law.

The traveller and the seized items will be referred to the competent law enforcement authorities.
The penalty for money laundering or carrying money in excess of what the law allows, or concealing the sources of money, metals, or precious materials whose value exceeds what the law specifies, is governed by Federal Law No. (20) of 2018.

Anyone found guilty of violating regulations regarding possession, concealment, or suspicious transactions with funds can be punished by imprisonment for a period of not less than three months and a fine of not less than Dh50,000, or by one of these two penalties, if there is sufficient evidence.

The UAE’s efforts at ensuring the disclosure of cash and cash equivalents aim to secure the smooth movement of people and funds through the country’s border crossings, combat money laundering and terrorist financing, and provide a safe and comfortable travel experience.

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Dubai Special Driving Permit: Eligibility, Requirements and Fees :All You Need to Know

If you are a resident in Dubai looking to obtain a commercial driving permit, this guide provides a comprehensive overview of the eligibility criteria, application process, and associated fees.

Whether you aim to drive a taxi, heavy vehicle, or any other commercial vehicle, understanding these details will help streamline your application process.

As Dubai continues to grow as a global hub for tourism, business and transportation, the demand for qualified commercial drivers has increased significantly.

A special driving permit is essential for residents seeking employment opportunities in the transportation sector, such as taxi drivers, delivery drivers, bus drivers and heavy vehicle operators.

These permits ensure that drivers are well-trained, medically fit and knowledgeable about the local traffic regulations, thereby enhancing road safety and service quality across the emirate.

Reasons Residents Pursue Special Driving Permits

Employment Opportunities: The booming economy of Dubai creates numerous job openings in the logistics and transportation sectors, making it an attractive option for residents seeking stable and well-paying jobs.

Compliance with Regulations: To operate commercial vehicles legally, a special driving permit is mandatory, ensuring that drivers meet the stringent safety and operational standards set by the Roads and Transport Authority (RTA).

Professional Advancement: For individuals already employed in driving-related jobs, obtaining a special permit can lead to career advancement, higher pay, and additional responsibilities.

Eligibility

To apply for a commercial driving permit in Dubai, applicants must meet the following requirements:

Age: Minimum age of 21 years for buses and heavy vehicles. For other commercial vehicles, the minimum age is typically 18 years.

Medical Fitness: Applicants must pass a medical fitness test, including an eye test, conducted at an RTA-approved facility. This ensures that the applicant is physically and mentally fit to drive.

Training and Testing: Enrol in a driving training programme at an RTA-approved driving institute. Applicants must pass both theoretical and practical driving tests.

Requirements

When applying for a commercial driving permit, you will need to provide the following documents:

* Copy of passport and residence visa page.

* Original and copy of Emirates ID.

* Two passport-sized photographs.

* Eye test report from an approved centre.

* No objection letter from the sponsor (if required by the traffic department).

How to Apply

Open a Traffic File: Visit an RTA-approved driving centre to open a traffic file.

Medical and Eye Test: Complete an eye test at an RTA-approved optical centre and obtain a medical fitness report.

Training: Enrol in a driving training programme at an approved institute and complete the required number of classes.

Theoretical Test: Pass the theoretical knowledge test, which assesses your understanding of traffic laws and safe driving practices.

Practical Tests: Successfully pass the yard test and the on-road driving test supervised by the RTA.

Service Fees

The fees for obtaining a commercial driving permit in Dubai can vary depending on the type of vehicle and the training programme selected. Here is a general breakdown:

* Safari Learning Permit: Dh200

* Safari Driving Permit: Dh300

* Occupational Driving Permit: Dh200

* Total Costs for Training and Testing: Typically range between Dh4,000 and Dh7,500, depending on the driving institute and any special offers available at the time.

Conclusion

Securing a commercial driving permit in Dubai involves meeting specific eligibility criteria, completing necessary training, and passing several tests.

By following the steps outlined and preparing the required documents, you can navigate the application process more efficiently.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Bangladeshis' Protests & Riots Against Home Government a Violation of Strict UAE Laws

A group of Bangladeshi nationals were recently arrested for inciting riots and participating in protests across various streets in the UAE.

Chancellor Dr Hamad Saif Al Shamsi, the UAE Attorney-General, ordered an immediate investigation and referred the suspects to an "urgent trial."

According to a statement released by the prosecution, the demonstrators disrupted transportation and caused damage to both public and private property. The protesters also called for such demonstrations, recorded videos and uploaded them online.

Investigations revealed that the individuals committed several violations, including public assembly, protesting against their home country's government with the intent to cause unrest, obstructing the enforcement of laws and regulations, endangering individuals, blocking traffic and assaulting and damaging property.

These actions threaten state security and public order, potentially endangering the state's interests, said the prosecution, led by Attorney-General Counsellor Dr. Hamad Al Shamsi. The suspects remain in custody as further investigations continue.

Dr. Al Shamsi emphasised the importance of adhering to the nation's laws and warned residents against being influenced by such calls to action, noting that these constitute serious crimes with harsh penalties.

Legality of Holding Protests in the UAE and Associated Punishments

The UAE maintains strict laws regarding public assembly and protests. Unauthorised demonstrations and gatherings are illegal and can result in severe penalties. The legal framework in the UAE is designed to ensure public order and security, reflecting the nation's commitment to maintaining stability and safety for all residents.

Under UAE law, individuals involved in unauthorised protests or demonstrations can face serious charges, including incitement to riot, public disturbance, and property damage. These offences carry significant penalties, which may include imprisonment, fines, and deportation.

The severity of the punishments underscores the UAE's zero-tolerance policy towards activities that threaten public order and security. Residents are urged to refrain from participating in such actions and to respect the nation's laws.

Unrest in Bangladesh

Bangladesh is experiencing severe unrest, with protests erupting over the government's preferential hiring rules for civil service jobs.

Last week's confrontations between student demonstrators and police have resulted in at least 139 deaths, according to hospital reports compiled by AFP.

Meanwhile, Bangladesh's Supreme Court scrapped most quotas on government jobs after nationwide action led by students spiralled into clashes, but some organisers said the protests would continue.

Dismissing a lower court order, the Supreme Court's Appellate Division directed that 93 per cent of government jobs should be open to candidates on merit, Attorney General AM Amin Uddin told Reuters.

Prime Minister Sheikh Hasina's government had scrapped the quota system in 2018, under which 56 per cent of jobs were reserved for groups such as freedom fighters' families, women and people from underdeveloped districts.

But the lower court reinstated it last month, sparking the protests and an ensuing clampdown that included an internet shutdown and a curfew with the army on the streets.

The recent clashes followed similar violent protests ahead of January's national elections by Hasina's opponents in response to what they called her authoritarian rule, and by garment workers demanding better pay amid high inflation.

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UAE’s Corporate Tax Law: Managing Your Net Interest Expenditure, Taxable Income

Corporate tax is a direct tax on the net profits businesses and entities earn from their trade. The Federal Tax Authority (FTA) is responsible for the administration, collection and enforcement of this tax.

Implementation and Rates

In January 2022, the Ministry of Finance announced a Federal Corporate Tax (CT) rate of 9% on net business profits, applicable across all emirates. Companies with net profits exceeding Dh375,000 are subject to this tax at the specified rate.

The tax applies to businesses starting from their first financial year commencing on or after 1 June 2023, or January 1, 2024, as mandated by UAE Federal Decree-Law No. 47 of 2022. Companies must prepare their financial statements according to UAE accounting standards.

Purpose and Benefits

The introduction of corporate tax aims to enhance the UAE's status as a leading global hub for trade and investment, promote economic growth, adhere to international tax transparency standards and deter harmful tax practices.

Scope of Application

The corporate tax applies to:

* Individuals conducting business or engaging in commercial activities in the UAE through an unincorporated partnership or sole proprietorship.

* Entities incorporated in the UAE with a commercial licence.

* Foreign entities or individuals with a permanent establishment in the UAE.

Exemptions

According to the UAE government’s official portal, the following are exempt from paying corporate tax:

* Businesses engaged in the extraction of natural resources.

* Profits earned by UAE businesses from their shareholdings.

* Qualifying intra-group transactions and reorganisations.

* Personal earnings such as salary, investment in real estate, shares, securities, etc.

* Income from bank deposits, savings plans, dividends, capital gains, interest, royalties and other investment returns.

* Earnings of foreign investors who do not conduct business in the UAE.

Free Zone Companies

Free zone companies will continue to follow their pre-agreed regulations. However, these rules may change, and if free zone businesses trade with mainland businesses, they must pay corporate tax on that particular income.

Net Interest Expenditure Limitations

The UAE corporate tax law allows net interest expenditure up to 30% of adjusted Earnings Before Interest, Tax, Depreciation and Amortisation (EBITDA) or Dh12 million, whichever is greater. Any remaining net interest expenditure can be carried forward for up to 10 tax periods.

Net Interest Explained

"Net interest" refers to the excess of interest expenses over interest income. When calculating adjusted EBITDA, exempt income is excluded, and any interest related to exempt income is disregarded.

Tax Group Considerations

The net interest expenditure provisions apply to the entire tax group as a single taxable entity. This means the 30% cap and carry forward limits are calculated at the group level.

If the combined net interest expenses exceed Dh12 million and the group’s adjusted EBITDA is insufficient to offset these expenses, the 30% cap is enforced for the entire group.
This applies even if some group members individually have enough EBITDA to cover their interest expenses.

Subsidiary Changes and Group Dissolution

If a subsidiary leaves the tax group or there is a change in the parent company, net interest expenses remain within the group unless they are pre-grouping unutilised expenses of the subsidiary, which the subsidiary will carry forward.

If the group dissolves and the parent company remains taxable, the unutilised net interest expenses stay with the parent company. If the parent company ceases to exist, these expenses remain unutilised unless a new parent company replaces it.

In the case of a merger, the unused net interest expenses are accessible to the new parent company if it becomes the legal successor.

Handling Group Losses and Interest Expenditures

Within a tax group, various loss categories exist, including pre-grouping losses, restricted and unrestricted tax group losses, transferred losses, and those from business restructuring. However, there is no concept of restricted net interest expenditure like restricted tax group losses.

Additionally, a taxable person cannot transfer its net interest expenses to another entity, even in a business restructuring process.

Utilisation of Net Interest Expenditures

Net interest expenditures are offset in the sequence of their occurrence, after adjusting for the current period's net interest expenditures.

If multiple unused net interest expenditures originate from tax periods ending on the same date, there is no requirement to follow chronological order. Pre-grouping net interest expenditures can be utilised up to 30% of the group's adjusted EBITDA or Dh12 million, whichever is higher, provided the subsidiary has sufficient taxable income to offset these expenditures.

Transfer Restrictions

Unlike tax losses, net interest expenditure cannot be transferred between persons or groups under articles 37 and 38 of the law. Any unutilised net interest expenditure tied to a transferor ceases if the transferor exits.

Exemptions

The general interest deduction limitation rule does not affect banks, insurance providers and certain other taxable entities, such as those engaged in qualifying infrastructure projects, or those with loans taken out before December 9, 2022, without changes to the loan terms.

For these entities, their income and expenses are disregarded when calculating the tax group's total net interest expenditure and EBITDA.

Businesses and tax groups must carefully manage their net interest expenses and taxable income to ensure compliance with the UAE corporate tax law. Properly understanding and applying these regulations is crucial for optimising tax obligations and maintaining regulatory compliance.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Can Your Employer Legally Reject Your Annual Leave Despite Giving Notice?

In the UAE, the approval of annual leave is largely at the employer's discretion, even if the leave application was submitted well in advance. This situation can be challenging for employees who have made travel plans based on their leave requests.

Employer's Discretion and Legal Framework

According to Article 29(4) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, employers have the right to set the dates of annual leave for their employees based on work requirements.

The law states, "The employee shall use his leave in the year of entitlement. The employer may fix the dates of leave according to the work requirements and in agreement with the employee, or rotate leaves among employees for the smooth progress of work, and shall notify the employee of the date of his leave at least one month before the same."

This means that despite applying for leave two months in advance, your employer can legally reject your request if it conflicts with the company's operational needs or if leave rotations are necessary to ensure the smooth running of the business.

Employer's Obligation to Grant Leave

However, the law also mandates that employers must grant annual leave at least once every two years unless the employee agrees to carry forward the leave or receive payment instead of leave.

Article 29(8) of the UAE Employment Law specifies, "The employer may not prevent the employee from using his accrued annual leave for more than two years unless the employee wants to carry it over or be paid in place of leave according to the Establishment bylaws and as specified by the Executive Regulations of this Decree-Law."

Handling Leave Rejection

If your leave has been pre-approved in writing and then rejected, your employer might be obligated to cover any non-refundable travel expenses you incurred based on the approved leave.

While the UAE Employment Law and subsequent ministerial decrees do not provide explicit remedies for such cases, having written approval can strengthen your position in negotiations with your employer.

Recommendations for Employees

To avoid potential financial losses and ensure your travel plans are not disrupted, it is advisable to:

* Obtain written pre-approval for your annual leave from your employer.

* Plan your vacation only after receiving this written confirmation.

* Keep records of all communications and approvals regarding your leave.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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UAE Immigration: A Guide to Key Entry Requirements, Visa Types and Deportation Rules

In the United Arab Emirates (UAE), understanding immigration and deportation processes is essential for both residents and newcomers.

These procedures are governed by well-defined legal frameworks to maintain public order, ensure security, and regulate residency.

Immigration

Federal Law No. (6) of 1973: UAE Immigration and Residence Regulations

To streamline immigration and residence procedures, the UAE has implemented Federal Law No. (6) of 1973. This law provides clear guidelines for the entry, residence, and employment of foreigners in the country.

Amended by Federal Decree-Law No. (17) of 2017, it aims to ensure orderly immigration processes while safeguarding national security and economic interests.

Key Points of the Law

Entry Requirements: Foreigners entering the UAE must do so through designated ports of entry with a valid passport and the appropriate visa or entry permit. Certain exemptions may apply as per Cabinet decisions.

Visas and Permits: The law categorises visas into various types, including visit visas for tourists and short-term visitors, and residence visas for those seeking long-term stay. The issuance, renewal, and cancellation of these visas are governed by the Federal Authority for Identity and Citizenship.

Work Regulations: Holders of visit visas are prohibited from working in the UAE without explicit permission. Employment is strictly regulated to ensure compliance with labour laws and protect both employers and employees.

Residence Permits: Foreigners intending to reside in the UAE for an extended period must obtain a residence permit. These permits are issued based on specific criteria, including employment, investment, or family sponsorship.

Registration Requirements: Upon arrival, foreigners must register their details with immigration authorities. Employers also play a crucial role in ensuring compliance by reporting changes in employment status or residence to the relevant authorities.

Penalties and Enforcement: The law imposes penalties for violations such as illegal entry, unauthorised employment, and forgery of documents. Penalties may include fines, imprisonment, and deportation, depending on the severity of the offence.

Special Provisions: Certain categories of individuals, such as diplomats and heads of state, enjoy exemptions from certain provisions based on international treaties and reciprocity agreements.

Implementation and Compliance

Federal Law No. (6) of 1973 emphasises the importance of co-operation between various governmental bodies to enforce its provisions effectively. It also provides mechanisms for the regularisation of illegal residency, offering opportunities for individuals to rectify their status within the legal framework.

Deportation

There are two primary types of deportation in the UAE:

Judicial Deportation: This type of deportation is issued under a court order against a foreigner convicted of serious crimes, including felonies punishable by imprisonment or offences involving sexual assault.

According to Article 121 of Law No. 3 of 1987 on the penal code, amended by Federal Law No. 34 of 2005 and further amended by Federal Decree-Law No. 7 of 2016, such individuals are mandated to be deported from the UAE.

Administrative Deportation: Administered by the Federal Authority for Identity and Citizenship, administrative deportation occurs for reasons related to public interest, security, morals, or health.

It can also be enforced if the foreigner lacks visible means of support. Individuals subject to administrative deportation may apply for removal through the General Directorate of Residency and Foreigners Affairs in their emirate.

Reasons for Deportation

Deportation orders are issued for various reasons, including criminal activities, threats to public safety and violations of residency regulations. Individuals may face deportation for failing to maintain lawful residency status or engaging in activities deemed harmful to society.

Lifting Deportation Orders

Foreigners under deportation orders may request a grace period upon posting bail to resolve ongoing interests in the UAE. Typically, this grace period, overseen by the Federal Authority for Identity and Citizenship, does not exceed three months.

Re-entry to the UAE after deportation requires special permission from the director general of the authority, involving a detailed application outlining previous residency permits, reasons for deportation, and justifications for return.

Blacklists and Administrative Lists

In addition to deportation, individuals may be placed on blacklists or administrative lists, restricting entry to or exit from the UAE. Blacklists include individuals convicted of crimes, those posing threats to public security, or those with outstanding financial obligations.

Administrative lists cover individuals such as domestic helpers who violate residency rules or abscond from sponsors.

Lifting Names from Lists

Names on blacklists or administrative lists can be lifted under specific conditions set by competent courts, ministerial decisions, or relevant government authorities. Procedures vary based on the reasons for listing, emphasising compliance with legal requirements.

Understanding and Compliance

Understanding these immigration and deportation procedures is essential for anyone residing or planning to reside in the UAE, ensuring adherence to local laws and avoiding legal repercussions.

This combined guide provides essential insights into navigating UAE's immigration and deportation processes, promoting informed decisions and legal compliance.

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How to Recover Money from a Client After Facing Repeated Cheque Bounces in the UAE

When dealing with bounced cheques in the UAE, it's important to understand the legal remedies available to recover your money.

If a cheque issued by a client bounces due to insufficient funds, here are the steps you can take to reclaim your funds.

Legal Framework for Execution Cases

According to Article 212 of Federal Decree-Law No. 42 of 2022 on the Civil Procedures Law, you can file an execution case, also known as a 'Writ of Execution,' against the drawer. This law outlines several key points:

Compulsory Enforcement: Can only be carried out under a writ of execution for a verified, urgent, and specified right.

Writ of Execution Types
:

* Judgments and orders, including penal judgments with refunds, compensation, fines, and other civil rights.

* Authenticated documents.

* Court-ratified conciliation minutes.

* Other documents granted such capacity by the law.

* Execution Process: The execution may only take place under a stamped copy of the writ of execution.

* File Closure: If no action is taken for over a year, the execution judge may order the temporary closure of the file.

* Validity Period: Writs of execution are valid for 15 years from the last executory transaction or issuance without enforcement.

Filing Execution Proceedings

Suppose you obtain an execution order in your favour. In that case, you can file execution proceedings as per Article 667 of Federal Decree-Law No. 50 of 2022 on the Commercial Transactions Law and Articles 233-238 of the UAE Civil Procedures Law.

The relevant court will notify the drawer, including details such as the cheque amount, court fees, legal costs, and other fees.

The drawer may propose to deposit part or the whole execution amount to the court’s treasury in favour of the drawee as per Article 235. If the drawer fails to pay within seven days of notification, the court may issue an arrest warrant and impose a travel ban for amounts exceeding Dh10,000.

Additional Provisions for Dishonoured Cheques

Articles 663-667 of the UAE Commercial Transactions Law outline the recourse available for dishonoured cheques, allowing the bearer to seek compensation from the drawer and endorsers. This requires presenting the cheque within the legal timeframe and proving dishonour through a protest or a statement by the drawee.

Alternative Legal Actions

For a swift resolution, you might also consider filing a commercial case before a competent court in the UAE. Start by serving a legal notice to your client. If the client fails to settle the cheque amount, you can proceed with the case, including a copy of the dishonoured cheque and other documentary evidence.

By following these legal steps, you can efficiently address the issue of bounced cheques and recover the money owed to you.

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Exploring Legal Framework of Suicide Attempts and Assault in the UAE: A Detailed Analysis

In a recent high-profile case, Dubai authorities decided to drop charges of attempted suicide against Tori Towey, an Irish national.

The case also involved mutual assault charges between Tori and her South African husband, which were later withdrawn following the couple's reconciliation.

The Dubai Public Prosecution opted to drop the attempted suicide charges against Tori, taking into account the circumstances and aiming to support her return to normal life. Similarly, the mutual assault charges were withdrawn after the couple reached a compromise.

Sinn Féin leader Mary Lou McDonald and Irish premier Simon Harris intervened, with the Irish government providing consular assistance to Tori throughout the proceedings.

Legal Perspective: UAE Laws on Suicide and Assault

Suicide and attempted suicide were previously criminalised under UAE law, carrying severe penalties. However, the UAE has since implemented reforms to decriminalise suicide attempts.

Despite these changes, individuals who attempt suicide can still potentially face up to six months in prison or a fine of up to Dh5,000. Courts retain the discretion to mandate treatment at a medical facility instead of incarceration.

Article 335 of the UAE Penal Code outlines penalties for attempted suicide, including imprisonment or fines. Federal Decree-Law No. 31 of 2021, an updated penal code, reaffirms these penalties while stressing judicial flexibility in directing individuals towards treatment facilities.

Assault Charges

The UAE law addresses assault charges strictly, with penalties depending on the severity and circumstances of the case. In Tori Towey's case, mutual complaints were filed, but reconciliation led to the withdrawal of charges.

Legal Process and Authorities' Role

The Dubai Public Prosecution is the central authority in such cases, ensuring legal processes are followed and justice is served. The Ministry of Human Resources and Emiratisation (MoHRE) provides guidance and oversight in labour-related disputes, including those involving expatriates.

Support Systems for Mental Health in the UAE

  • 999: The UAE's emergency police hotline.
  • Mental Health Support Line (800 HOPE): A toll-free hotline launched to support mental health and well-being, particularly during COVID-19, staffed by trained professionals.
  • MOHAP's Psychological Counselling Line: Provides phone and WhatsApp support, operated by Al Amal Psychiatric Hospital psychologists.
  • Pravasi Bharatiya Sahayata Kendra (PBSK): A support centre for Indian expatriates offering psychological support and counselling.

The case of Tori Towey underscores the importance of understanding the legal intricacies in the UAE, especially concerning suicide and assault.

While the country has made strides in decriminalising certain acts, the legal framework still poses significant challenges for individuals. The support from the Irish government and advocacy groups like Detained in Dubai played a crucial role in resolving this case.

As the UAE continues to modernise its laws, awareness and support systems remain vital for expatriates navigating these legal landscapes.

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How Are Crimes Classified Under UAE Law And What Penalties Do They Entail?

Federal Law by Decree No. (31) of 2021: Crimes and Penalties Law governs the United Arab Emirates' criminal justice system, ensuring adherence to Islamic Sharia for crimes such as retribution (Qisas) and blood money (Diya), while other offences and penalties are defined by this law and existing penal codes.

It upholds the fundamental principle that no individual can be convicted for a crime committed by another, emphasising the presumption of innocence until proven guilty under the law.

The law applies to crimes outlined in other penal laws, unless exceptions are specified and defines a "public servant" broadly to include officials across federal and local governments, encompassing roles in legislative, executive, administrative and judicial capacities.

This includes individuals appointed or elected, spanning ministries, Armed Forces, security agencies, judicial bodies, legislative and municipal councils, public entities, corporations and associations partially or wholly owned by the government.

The law clarifies that even temporary or voluntary roles related to public service fall under its provisions, ensuring accountability regardless of employment terms.

Public funds under this law include those owned by federal or local authorities, entities, corporations, or associations with government ownership, ensuring transparency and accountability in financial management.

It further stipulates that regardless of termination of employment, provisions of this law apply to crimes committed during the tenure of public service.

Regarding temporal application, crimes are punished according to the law in force at the time of the act, irrespective of when consequences materialise. Spatially, the law asserts jurisdiction over crimes committed within the UAE's territory, including territorial waters and airspace.

It also addresses crimes committed abroad by UAE citizens or affecting national security, ensuring prosecution upon return to the UAE.

Material elements of a crime include consummated crimes and attempts, with attempts punishable based on the severity of the intended crime. Moral elements involve intention or error, holding perpetrators accountable for actions based on their intent or negligence, regardless of motive.

Criminal complicity provisions detail direct and indirect involvement in crimes, ensuring all accomplices face appropriate penalties based on their role and knowledge.

Crimes Categorised under Federal Law

Under the Federal Law by Decree No. (31) of 2021, crimes in the UAE are categorised into three main types: felonies, misdemeanours and infractions, each carrying distinct penalties based on the severity of the offence.

Felonies

Felonies under UAE law encompass the most serious offences, including crimes punishable by Qisas penalties, death, life imprisonment, or temporary imprisonment.

Qisas penalties involve crimes of retribution where the punishment is directly related to the harm caused to the victim. The death penalty and life imprisonment are self-explanatory, with temporary imprisonment being for a specified period deemed appropriate by the court.

Misdemeanours

Misdemeanours are less serious offences compared to felonies but still warrant substantial penalties. These crimes include acts punishable by imprisonment, fines exceeding Dh10,000, or Diya (blood money).

The amount of Diya for manslaughter is specifically set at Dh200,000 under the law. Misdemeanours cover a wide range of offences that are considered more serious than infractions but less severe than felonies.

Infractions

Infractions are minor offences that do not rise to the level of misdemeanours or felonies but still carry penalties. These include acts punishable by short-term custody (ranging from 24 hours to 10 days) or fines not exceeding Dh10,000.

Infractions typically involve breaches of regulations or minor violations that do not pose significant harm or threat to public safety.

Punishments

Imprisonment: This can range from temporary imprisonment for a specific period to life imprisonment, depending on the severity of the crime.

Fines: Monetary penalties are imposed based on the offence committed, with specific amounts outlined in the law.

Diya (Blood Money): Specifically applicable in cases of manslaughter, where compensation is paid to the victim's family as per Islamic legal principles.

These categorisations and punishments ensure that the UAE legal system maintains order, protects societal interests, and upholds justice by proportionally addressing the seriousness of each offence.

The law aims to provide clear guidelines for legal practitioners, ensuring consistency and fairness in the application of justice across all levels of the judicial system.

Types of Crimes Punishable under UAE Law

Drug Offences

Drug offences in the UAE are strictly governed by a zero-tolerance policy. The possession, use, or trafficking of illegal drugs, including recreational and prescription substances obtained unlawfully, is strictly prohibited. Familiarity with the UAE's list of banned substances is essential to prevent inadvertent breaches.

Possession of illegal drugs constitutes a criminal offence in the UAE, with penalties varying based on the type and quantity involved. For instance, possession of small amounts for personal use can lead to imprisonment for up to two years and fines of up to Dh10,000.

Trafficking in drugs incurs severe penalties, ranging from a minimum of 10 years' imprisonment to life imprisonment or the death penalty for large quantities.

The UAE employs strict regulations, including drug testing upon entry, to enforce its zero-tolerance policy. Notably, the UAE does not differentiate between recreational and medicinal drugs, underscoring the need for proper documentation when carrying prescription medications.

Cybercrimes

As technology advances, cybercrime poses an increasing threat in the UAE. The government has enacted rigorous laws and regulations to combat cyber threats and their legal implications effectively.

Hacking is one of the prevalent cybercrimes in the UAE, defined as unauthorised access to computer systems or personal accounts. The UAE Cybercrime Law of 2012 criminalises hacking, imposing substantial penalties including imprisonment and fines based on the severity of the offence.

Identity theft, another significant cybercrime, involves stealing personal information for fraudulent purposes. Perpetrators of identity theft in the UAE face severe legal consequences, including imprisonment and hefty fines.

Phishing, a form of cybercrime involving deceptive emails or websites to obtain sensitive information, is strictly prohibited. Offenders can expect imprisonment and substantial fines under UAE law.

The UAE has also implemented measures against online fraud, targeting fraudulent activities conducted through digital platforms. Legal penalties for online fraud include imprisonment and fines, reflecting the seriousness with which the UAE addresses financial crimes.

Cyberbullying, defined as using digital platforms to harass or intimidate others, is subject to stringent laws in the UAE. Perpetrators of cyberbullying can face imprisonment and fines, underscoring the UAE's commitment to protecting individuals from online harassment.

Moreover, the dissemination of fake news and misinformation online is considered a criminal offence in the UAE. Those found guilty of spreading false information face legal consequences, including imprisonment and fines.

To enforce these laws effectively, the UAE has established specialised units within law enforcement agencies dedicated to combating cybercrime. These units collaborate nationally and internationally to enhance cybersecurity measures and prosecute offenders.

Fraud

Fraud is a serious offence under UAE law, encompassing various deceptive practices that undermine financial integrity and trust. Understanding the legal framework and consequences of fraud in the UAE is essential for residents and visitors to avoid legal repercussions.

The UAE Penal Code defines fraud broadly, including activities such as forgery, embezzlement, bribery, and identity theft. Financial fraud, involving deceptive practices to unlawfully obtain money or assets, is rigorously prosecuted in the UAE.

Penalties for fraud-related offences in the UAE can be severe, including imprisonment, fines and asset confiscation. The severity of penalties depends on the specifics of the case and the amount of financial harm caused.

The UAE authorities are proactive in combating fraud, employing specialised departments such as the Anti-Economic Crimes Department to investigate and prosecute offences effectively. International cooperation further strengthens efforts to combat cross-border financial crimes.

Recent advancements in UAE cybersecurity infrastructure also address online fraud, protecting individuals and businesses from digital financial crimes. Awareness of cybersecurity measures and best practices is crucial for safeguarding personal and financial information in the UAE.

Criminal Liability for Assault and Violence in the UAE

Assault and violence offences in the UAE are rigorously addressed under the UAE Penal Code, highlighting the legal consequences for perpetrators of such acts.

Assault encompasses actions involving force or threats against another person, ranging from physical attacks to verbal intimidation. Penalties for assault vary based on the severity of harm inflicted on the victim.

Minor assaults resulting in minor injuries or threats can lead to misdemeanour charges, with potential fines or short-term imprisonment. However, assaults causing serious injuries or endangering life result in felony charges, carrying longer imprisonment terms.

Violence extends beyond physical harm, encompassing behaviours like stalking, harassment and domestic violence. The UAE recognises these offences with specific legal protections for victims.

In cases of domestic violence, the UAE has implemented specific legislation to address this issue. The UAE Federal Law No. 35 of 2020, known as the “Protection from Domestic Violence Law,” aims to safeguard victims and hold perpetrators accountable.

This law provides victims with the right to obtain protection orders, access to shelters, and legal assistance.
The penalties for violence can vary depending on the severity of the offence. For instance, stalking or harassment can result in imprisonment for up to one year or a fine.

However, if the violence leads to serious injuries or death, the penalties can be much more severe, similar to those for assault.

It is important to note that the UAE law also considers the mental state of the perpetrator when determining criminal liability. If the assault or violence is committed under the influence of drugs or alcohol, the penalties may be increased. Additionally, if the perpetrator has a history of similar offences, the court may impose harsher punishments.

Human Trafficking

Human trafficking is a grave violation of fundamental human rights, exploiting individuals for purposes such as forced labour, sexual exploitation and organ trafficking. The UAE has instituted stringent laws and a robust legal framework to combat this heinous crime.

The UAE’s commitment is underscored by its ratification of international conventions, including the United Nations Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children. These agreements provide a comprehensive framework for effectively tackling human trafficking.

Under UAE law, human trafficking is defined under Federal Law No. 51 of 2006 on Combating Human Trafficking and its amendments. The law criminalises the recruitment, transportation, transfer, harbouring, or receipt of individuals through force, coercion, deception, or abuse of power for exploitation.

This law categorises trafficking into various forms, such as forced labour, sexual exploitation and organ trafficking, each with distinct penalties. Trafficking for forced labour is punishable by a minimum of five years imprisonment and a fine of at least 100,000 UAE dirhams, while trafficking for sexual exploitation carries a minimum penalty of 10 years imprisonment and a fine of no less than Dh100,000.

The UAE has established specialised courts and dedicated law enforcement units. These bodies are tasked with investigating and prosecuting human trafficking offences, ensuring that perpetrators are brought to justice.

Additionally, the UAE provides comprehensive victim support measures, including shelters, counselling services, and legal aid.

The UAE also extends its anti-trafficking efforts globally, cooperating with international organisations and other nations through bilateral agreements and memoranda of understanding to enhance collaboration in areas such as information sharing, capacity building, and victim assistance.

White-Collar Crimes and Corporate Fraud

White-collar crimes and corporate fraud pose serious threats to individuals and businesses in the UAE. The UAE has stringent laws to address these offences, ensuring justice and maintaining economic stability. This article delves into the various white-collar crimes and corporate fraud offences recognised under UAE law.

Embezzlement is a prevalent white-collar crime in the UAE, involving the misappropriation of entrusted funds or property for personal gain. The UAE Penal Code addresses embezzlement with strict penalties, including imprisonment and substantial fines.

Bribery, involving the exchange of value to influence decisions, is also a serious offence, with stringent anti-bribery laws to ensure transparency and fairness in business dealings.

Fraud, encompassing deception for personal gain through false representation or manipulation of information, is rigorously penalised under UAE law. This includes identity theft, credit card fraud, and insurance fraud, all subject to severe penalties.

The UAE Penal Code specifically outlines various forms of fraud, ensuring that perpetrators face significant punishment.

Corporate fraud targets businesses through activities like accounting fraud, insider trading, and money laundering, undermining investor confidence and economic stability. The UAE has established comprehensive regulations and laws to combat corporate fraud, protect businesses, and maintain economic integrity.

Specialised agencies in the UAE are dedicated to investigating and prosecuting white-collar crimes and corporate fraud, collaborating with law enforcement and other entities to ensure justice. The UAE’s proactive approach to prevention, detection, and prosecution underscores its commitment to combating these crimes.

Criminal Procedure and Rights of Defendants in the UAE

The UAE has a comprehensive legal system that safeguards the rights of defendants in criminal cases, governed by Federal Law No. 35 of 1992, also known as the UAE Penal Code. This law outlines crimes, punishments, and defendants' rights throughout the legal process.

A fundamental principle in the UAE legal system is the presumption of innocence, enshrined in Article 38 of the UAE Constitution, stating that the accused is innocent until proven guilty with all necessary defence guarantees. Defendants have the right to legal representation, ensuring fair trials and protection of their rights.

They are informed of the charges against them, with detailed explanations of allegations and evidence, enabling effective defence preparation.

Defendants can present evidence and witnesses, challenging the prosecution’s case and supporting their innocence, ensuring a fair trial. They also have the right to remain silent, protected from self-incrimination, ensuring they are not forced to confess or provide evidence against themselves.

UAE law mandates a speedy trial, ensuring timely resolution of cases, preventing unnecessary delays, and allowing defendants to move forward with their lives or face justice.

Defendants are protected from torture or cruel treatment, aligning with international human rights standards. This prohibition ensures defendants are treated with dignity and respect.

In conclusion, these categorisations and punishments ensure that the UAE legal system maintains order, protects societal interests, and upholds justice by proportionally addressing the seriousness of each offence.

The law aims to provide clear guidelines for legal practitioners, ensuring consistency and fairness in the application of justice across all levels of the judicial system.

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Writing Negative Review on Google/Social Media Could Lead to Legal Consequences

In the UAE, expressing candid critiques or negative reviews online can lead to legal battles and hefty fines, as businesses become increasingly vigilant in safeguarding their reputations.

Last year, for example, a woman in Dubai was found guilty of defamation for an Instagram post that "damaged a hospital's reputation".

She had posted a video clip calling it the "worst hospital" and alleging that the doctors were incompetent. A case was filed under the cybercrime law, and she was fined and instructed to delete the video.

Similarly, in May 2020, the Public Prosecution convicted a woman for defamatory remarks about a medical centre on Google and Instagram.

She criticised the centre for providing "the worst service you can imagine" and alleged that positive reviews on its social media platforms were fake.

The court fined her Dh5,000, confiscated her phone, and closed all her social media accounts. On appeal, the court upheld the charge, deeming the phrases used a crime of defamation.

Digital Libel

In the age of social media, feedback has a much broader reach than traditional word of mouth, presenting new challenges. Reviews are no longer private, and the risk of reputational damage by dissatisfied customers is higher.

Digital libel is considered more harmful due to its enduring nature, as it can be archived, made more engaging through real-time interactions like live streams, podcasts and video recordings, shared to a global audience, made viral, posted anonymously and accessed indefinitely.

Can Businesses Sue Someone for Writing a Negative Review?

Yes, if the review is insulting, exaggerated, malicious, misleading, incorrect, or advises others not to patronise the business, the provisions of the penal code and cybercrime law will apply.

A company can file both criminal and civil cases to demand the restoration of its reputation and compensation.
Under Federal Law No 34 of 2021, defamatory statements made online can lead to criminal charges, and civil lawsuits for damages can also be pursued simultaneously.

Constructive criticism or opinions based on genuine experiences generally do not constitute defamation as long as they are not insulting or made with malicious intent. However, even factual statements that lead to reputational damage can be considered defamatory.

A negative review expresses dissatisfaction with a product, service, or business based on the reviewer's honest and factual experience, aiming to provide constructive feedback without making false statements.

In contrast, a defamatory review contains false statements and goes beyond mere opinion or criticism, which can lead to legal consequences.

Defamation Law

Any person who publicly defames another by alleging a fact could face a jail sentence of up to two years or a fine not exceeding Dh20,000.

Under Article 425 of the Penal Code, this offence is considered a criminal act, aiming to protect individuals from accusations or statements that may harm their reputation or subject them to legal consequences.

If defamation is committed through publishing in a newspaper or other publication, it is considered an aggravating circumstance, resulting in more severe punishment. Article 426 deals with public insults that injure another person’s honour or dignity without imputing a specific fact.

Unlike defamation (Article 425), which involves claiming a specific defamatory fact that could result in punishment or contempt, Article 426 focuses on general offensive remarks or name-calling that degrade someone's honour or dignity without making specific allegations.

Under Article 428 of the UAE Penal Code, defamation is not a crime if the perpetrator can prove the incident attributed to the victim, specifically involving public officials or persons assigned to public service.

Thus, simply proving the truth is not sufficient unless it is related to the conduct of a public official in their official capacity.

Cybercrime Law

Under the UAE cybercrime law, the dissemination of false information is strictly prohibited and carries severe penalties.

It targets modern platforms used to spread, publish, republish, circulate or recirculate fake news or data, or false, malicious, misleading, or incorrect reports or rumours that contravene officially announced news.

This law aims to protect public health, public peace and combat the spread of false information and rumours that can have detrimental effects on society and public order. Violators may face imprisonment for at least one year, along with a fine of not less than Dh100,000.

The penalty increases to two years in jail and a minimum fine of Dh200,000 if the crime is committed during pandemics, emergencies, and crises.

Since the law specifically targets false and misleading information, a key defence is demonstrating that the information shared is true and not intended to mislead or provoke, to avoid penalties.

The law also aims to protect individuals from defamation and harmful statements made through digital means. It states that anyone who insults another person or attributes to them an event that may subject them to punishment or contempt by others shall be subject to detention and/or a fine.

The minimum fine is set at Dh250,000, while the maximum fine is Dh500,000.

Consumer Protection Law

If a consumer has a bad experience, they can exercise their rights under Federal Law No 15 of 2020 on Consumer Protection.

This law ensures that consumers are protected and entitled to fair treatment, accurate information and compensation for damage caused by defective products or poor services, holding businesses accountable for their actions.

Pursuing compensation under this law is more beneficial than seeking vengeance through reviews, as it provides a legal avenue to address grievances and obtain fair remedies for any harm suffered.

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Can Dubai Landlords Expel Tenants Before Lease Expires if They Plan to Reside There?

In Dubai, a landlord may evict a tenant either before or upon the expiry of a tenancy contract. To do so, the landlord must serve a 12-month notice through a notary public. Permissible scenarios include:

* The landlord intends to demolish and reconstruct the property after obtaining necessary permissions from local authorities.

* Required restoration or repair of the property cannot be carried out while it is occupied by the tenant.

* The landlord or their first-degree family members wish to reside in the property, provided they do not have an alternative residence in Dubai and will live there for at least two years after taking possession.

* The landlord wishes to sell the property.

This is stipulated under Article 25(2)(c) of Law No. 33 of 2008 Amending Law No. 26 of 2007, which regulates the relationship between landlords and tenants in Dubai.

The law states: "Upon expiry of the lease contract, the landlord may seek eviction of the tenant from the real property only if: (c) the real property owner wishes to retake possession of the real property for his use or use by any of his first-degree relatives, provided that the owner proves that he does not own any alternative real property that is suitable for his purpose."

For this eviction, the landlord must notify the tenant of the reasons at least twelve months before the date of eviction, and the notice must be served through a notary public or by registered mail.

Furthermore, Article 26 of the Amended Rent Law specifies that if the landlord retakes possession of the property for their use or use by first-degree relatives, they may not rent it to a third party for at least two years in the case of residential property, or three years for non-residential property, from the date of taking possession.

If the landlord violates this, the tenant may request fair compensation from the Tribunal. Following these provisions, a landlord can evict a tenant by serving a 12-month notice through a notary public.

Upon taking possession of the property, the landlord may not rent it to any third party for at least two years from the date of possession.

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UAE: New Competition Law to Prohibit Companies from Monopolistic Pricing Practices

The UAE is prohibiting companies from offering or applying very low prices for production, transfer and marketing in a monopolistic manner to drive other companies out of competition.

The new law defines competition as the act of conducting economic activities based on market mechanisms that do not harm trade, development, or consumer interests.

This aims to ensure fair competition, prohibit monopolistic practices among all companies and protect consumer rights in the country. The law will also regulate mergers and acquisitions (M&As) in the local market.

The Ministry of Economy will monitor and coordinate with local authorities for inspections to ensure fair competitive practices in the country. The authority can also act upon receiving a complaint.

This was announced during a media briefing, revealing details of Federal Decree-Law No. 36 of 2023 on competition regulation, which promotes and protects competition, combats monopolistic practices and counters harmful economic concentration in the UAE.

The fines and penalties for companies are under review and will be released once the Cabinet approves them.

Abdullah Ahmed Al Saleh, Undersecretary of the Ministry of Economy, said the new law aims to combat monopolistic practices by ensuring a stimulating environment for enterprises, enhancing effectiveness, competitiveness and protecting consumer interests.

“It also promotes the market economy and economic activities in line with the principle of economic freedom and ensures that economic concentration is monitored. Its articles address all conditions that may undermine, limit, prevent, or restrict competition...

Ensuring consumer protection from anti-competitive practices, promoting economic efficiency, marketing, and R&D are also key goals,” he added.

Conditions

The new law clarifies that economic concentration (which means the dominance of a small number of firms within a particular industry) involves any act resulting in the complete or partial transfer (merger or acquisition) of ownership or usufruct rights of property, rights, equity, shares, or obligations of an establishment to another, empowering the establishment or group of establishments to directly or indirectly control another establishment or group of establishments.

The law takes into consideration the annual sales value of the enterprises concerned and not only the total share of such enterprises involved in the economic concentration process.
Two conditions must be satisfied to successfully complete the process of economic concentration.

The first condition indicates that the total value of annual sales of such establishments in the relevant market, for the last fiscal year, shall exceed the amount determined by the Cabinet, upon the minister's proposal.

The second condition states that the total share of such establishments shall exceed the percentage of the total transactions in the relevant market during the last fiscal year, as determined by the Cabinet.

The Executive Regulation of this law establishes the controls for submitting the application for economic concentration, the documents to be attached, and its examination mechanisms.

The ministry said that companies can submit their views on the Application for Economic Concentration project and also provide any data or information that would help study the request, in line with global best practices in the field of competition.

The ministry elaborated that efforts are currently underway to develop a more agile and sustainable competitive system, including the launch of more pioneering legislation, initiatives, and programmes to make the UAE a global hub for the new economy within the next decade.

The law assigns new responsibilities to the Competition Regulation Committee, such as proposing the general policy for protecting competition, scrutinising issues related to the application of the provisions of this law, and making recommendations.

 

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Life Sentence, Dh20 Million Fines for ‘Justice and Dignity Committee’ in Terror Case

 

 

The Abu Dhabi Federal Appeals Court - State Security Department convicted 53 defendants, including leaders and members of the terrorist Muslim Brotherhood organisation, along with six companies, in Case No. 87 of 2023 – State Security Offences.

Known in the media as the terrorist ‘Justice and Dignity Committee’ Organisation, the case resulted in penalties ranging from life imprisonment to fines of Dh20 million.

The Court sentenced 43 defendants to life imprisonment for establishing, managing and participating in the terrorist ‘Justice and Dignity Committee’ Organisation with the intent to carry out terrorist acts within the country.

Additionally, five defendants were sentenced to 15 years in prison for collaborating with the ‘Reform Call’ Organisation and promoting it through articles and tweets on social media, with prior knowledge of its intentions against the country.

Five more defendants received 10-year prison sentences and fines of Dh10 million each for laundering money obtained through the creation, establishment and financing of a terrorist organisation.

Furthermore, the Court imposed penalties on six companies and their responsible individuals, fining each company Dh20 million, dissolving and closing their headquarters and confiscating their assets, both tangible and intangible.

This includes real estate, equipment and belongings used in the commission of the aforementioned crimes, which involve money laundering by an organised criminal group to finance a terrorist organisation.

The Court dismissed the criminal cases against 24 defendants for cooperating with and financing the organisation, and acquitted one defendant.

The ruling, issued on July 10, stated that the crimes for which the defendants were convicted --establishing and managing the terrorist ‘Justice and Dignity Committee’ Organisation -- were distinct and unrelated to those in Case No. 79 of 2012 - State Security Offences.

The evidence, including confessions, witness testimonies, and technical reports, was sufficient to prove the defendants' commission of the crimes.

‘Reform Call’

The Court confirmed that the defendants were part of the ‘Reform Call’ Organisation (the Muslim Brotherhood, classified as a terrorist organisation), and had aimed to instigate violent events in the country, similar to those in other Arab states.

This included protests and clashes with security forces, leading to deaths, injuries, and the destruction of facilities, which spread panic and terror among the populace, threatening national security, stability, and sovereignty.

The verdict can be appealed before the Federal Supreme Court.

The trial included 10 hearings, during which the Court ensured the defendants’ rights and guarantees were protected as per the law.

Defendants were allowed to choose their attorneys, with an attorney appointed for those who did not.
The Court heard the defences, attorneys’ arguments and reviewed written defence memorandums.

Witnesses' testimonies were heard during public sessions, allowing cross-examination by defendants and their attorneys. The Public Prosecution presented its evidence, including defendants' confessions, state security officers' testimonies and expert reports.

This evidence corroborated the crimes and demonstrated the defendants’ involvement.
The Court emphasised that these crimes were separate from those in Case No. 79 of 2012 - State Security Offences and that the convictions were made according to the laws in effect at the time, adhering to the principles of non-retroactive criminal penalties and double jeopardy.

 For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Rent Increases and Eviction Notices: Key Legal Rights for Landlords & Tenants in UAE

One of the most frequently asked questions concerns the rights of landlords and tenants regarding rent increases and eviction notices in the UAE.

The lack of clarity around these issues has caused many tenants, unaware of their legal rights, to fall victim to arbitrary or unfair actions by their landlords.

This article aims to provide a comprehensive overview of both landlords' and tenants' rights and to clarify the legal process surrounding rent increases and eviction notices.

For this update, it is important to highlight two key laws:

* Law No. 26 of 2007 on the Organisation of the Relationship between the Lessors and Tenants in the Emirate of Dubai – the original Landlord and Tenant Law.

* Law No. 33 of 2008 (Landlord and Tenant Law), which brought in amendments to the 2007 law and is the law in use today.

The Rent Freeze Announcement

In January 2021, the Dubai Land Department (DLD) announced that a new law could be passed that would freeze rental agreements for three years.

However, specific details of the implications were not included. Tenants, pleased by this announcement, expected their current rental agreements to 'freeze' without due research or consideration.

This confusion led to many tenants not taking proper action to negotiate their rental agreements with their landlords, resulting in disputes and cases for the Rental Dispute Committee (RDC) to resolve.

As of the date of this publication, the law announced by the DLD has not yet been enacted, meaning rents have not been frozen.
The law governing the landlord’s right to increase rent is still the amended Landlord and Tenant Law (2008), i.e., the same regulations apply as before the DLD announcement.

Has There Ever Been a Rental Freeze?

The original 2007 law did provide an explicit rent freeze for tenants. Article 9 of the 2007 law stated: “Landlord and tenant must specify a rent value in the tenancy contract, and in all cases, it is impermissible to increase the rent or modify any terms of the lease except after the expiration of two full years from the date of the commencement of the rental relationship.”

However, the 2008 amendments eradicated the rent freeze and allowed landlords to increase rent after the first year of the tenancy (unlike other Emirates), provided ninety (90) days’ notice was given.

While landlords have the right to increase their rental yield after a year, this increase is regulated by the DLD, considering market conditions, similar rent yields, and several other factors.

Under What Circumstances Can a Landlord Increase the Rent?

The Dubai Government issued Decree No. 43 of 2013 on the Determination of the Increase in Real Estate in the Emirate of Dubai. This decree provides landlords with a maximum rate of increase in rent according to the average market price of similar properties within a certain area. Tenants should know the following:

* No rent increase is permitted if the current rent is less than 10% below the average market rental rate.

* A maximum of 5 per cent increase is permissible if the current rent is 11 per cent – 20 per cent below the average market rental rate.

* A maximum of 10 per cent increase is permissible if the current rent is 21 per cent – 30 per cent below the average market rental rate.

* A maximum of 15 per cent increase is permissible if the current rent is 31 per cent – 40 per cent below the average market rental rate.

* A maximum of 20 per cent increase is permissible if the current rent is more than 40% below the average market rental rate.
Tenants who are unable to manually determine their exact rental increase can either download the Dubai REST application on their smartphones or use the rent calculator found on the DLD website.

In the event of a disagreement between the landlord and tenant over the rent increase, either party has the right to refer their dispute to the RDC. The RDC shall determine the allowable rent increase by the provisions of the Decree.

When Can a Landlord Evict a Tenant?

Firstly, it is important to stress that a landlord cannot evict a tenant simply to re-let the property to someone else. This is not allowed, even if the landlord begins work on a new independent structure. If the eviction occurs, the landlord is prohibited from re-letting the property for two years.

Additionally, the landlord must prove that they do not own another suitable property that can be used instead. Should the landlord re-let the property after eviction, the tenant can file a case at the Rental Dispute Committee (RDC) and seek compensation.

The actual amount of compensation is determined by the judge, but historically, it has often equalled the original rent amount. However, the exact amount is at the judge's discretion.

There is no way to prevent the landlord from re-letting the property after vacating other than informing them of the tenant's rights and the landlord's obligations under the law. If the landlord ignores these legal requirements, the tenant can gather proof and file a case at the RDC.

It has become common for some landlords to seek to evict their current tenants to chase higher rental yields. In one rare case, a landlord even served an eviction notice a day after signing a new tenancy contract.
It is also common for tenants to receive their notice of eviction through emails or WhatsApp messages.

The 2008 Landlord and Tenant Law makes it clear that if a landlord wishes to evict a tenant, the landlord must serve the eviction notice through a notary public or by way of registered mail, providing reasons for the eviction.

The 2008 Landlord and Tenant Law outlines when landlords can evict their tenants, distinguishing between evictions before the lease expires and evictions upon lease expiry.

If a landlord wishes to evict a tenant to sell the property, they must do so through a notary public or registered mail, providing a 12-month notice period.

An email from the landlord requesting eviction is not legally sufficient. Vacating the property early is entirely up to the tenant.
If the tenant does not wish to leave, the landlord can only evict them by sending the 12-month notice. Otherwise, the landlord cannot forcibly evict the tenant, as the tenant has the right to stay.

Eviction Before Lease Expiry

The Landlord and Tenant Law provides an exhaustive list of reasons for which a landlord is entitled to evict a tenant before the lease expires. These include:

* The tenant fails to pay rent even after thirty days of notification.

* The tenant sublets the property without the landlord’s consent.

* The property is used for illegal purposes that violate public order and morality.

* The commercial property is left vacant for thirty consecutive days or ninety non-consecutive days in one year.

* The tenant’s actions endanger the safety of the premises or cause damage due to intentional or gross negligence.

* The property is used for purposes other than those agreed upon or violates planning and building regulations.

* The property requires urgent repairs as proven by a technical report approved by Dubai Municipality.

* The tenant fails to abide by legal obligations or lease terms even after receiving a thirty-day notice.

* The government requires the demolition of the property.

These provisions provide landlords with recourse if the tenant breaches their lease obligations and fails to rectify the situation upon notice.

Eviction Upon Lease Expiry

Even upon lease expiry, landlords must adhere to certain parameters to evict a tenant. The notice of eviction must be served through a notary public or registered mail, outlining the reason(s) for eviction.

Additionally, the landlord must provide the tenant with twelve (12) months’ notice before the eviction date. Reasons for eviction upon lease expiry include:

* The landlord desires to demolish the property for reconstruction or to add new buildings, provided relevant approvals are obtained.

* The property requires renovation or extensive maintenance that cannot be done while occupied, as proven by a technical report from Dubai Municipality.

* The landlord wishes to use the property for their use or by a family member up to the first degree, provided they do not own another suitable property.

* The landlord intends to sell the property.

Conclusion

The laws in the UAE clearly outline the rights of landlords and tenants, aiming to balance the powers among the parties.
Landlords have the right to increase rent, but through a regulated mechanism, tenants have the right not to be evicted unless a compelling reason is prescribed by law.

Both landlords and tenants should familiarise themselves with Law No. 33 of 2008 (the Landlord and Tenant Law) to avoid additional costs by referring disputes to the RDC.

If either party is uncertain about a certain law provision, seeking a legal professional's opinion and assistance is always best.

 For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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How to Legally Send Your Maid Back Home: Steps to Cancel a Work Permit in the UAE

As an employer in the UAE, you may need to send your domestic worker back to their home country for various reasons, such as the completion of their contract, personal reasons, or changes in your household needs.

It is essential to follow the correct legal procedures to cancel their work permit and ensure a smooth and lawful exit from the UAE.

The UAE government has established a clear process to assist employers in this situation, ensuring that both the rights of the domestic worker and the legal requirements of the UAE are respected.

Understanding this process is crucial to avoid any legal complications and to provide a respectful and dignified departure for your domestic worker.

Understanding the Legal Framework

The cancellation of a work permit in the UAE is governed by the Ministry of Human Resources and Emiratisation (MoHRE).

This process is part of the broader framework designed to regulate the employment of domestic workers, ensuring their rights and welfare are protected while allowing employers to manage their household staff effectively.

The process includes several steps, from gathering necessary documentation to finalising the worker’s departure and involves both online and offline procedures.

Following these steps meticulously will not only comply with UAE laws but also support a positive and professional relationship with your domestic worker. Here’s a detailed guide on how to proceed with the cancellation of the work permit.

Steps to Cancel the Work Permit

1. Gather Required Documents

     *Passport of the domestic worker
     * Residence visa of the domestic worker
     * Employment contract
     * Sponsor’s Emirates ID
     * Domestic worker’s labour card (if applicable)

2. Visit a Typing Centre or Use Online Services

     * Passport of the domestic worker
     * Residence visa of the domestic worker
     * Employment contract
     * Sponsor’s Emirates ID
     * Domestic worker’s labour card (if applicable)

2. Visit a Typing Centre or Use Online Services

     * Go to an approved typing centre to fill out the cancellation form.
     * Alternatively, you can use the Ministry of Human Resources and Emiratisation (MoHRE) online portal to submit the application.

3. Submit the Application

     * Provide all the necessary documents and the completed cancellation form at the typing centre.
     * If applying online, upload scanned copies of the required documents.

4. Pay the Cancellation Fees

     * Pay the necessary fees for the cancellation process. Fees can vary, so it is advisable to check the latest information on the MoHRE website.

5. Receive the Cancellation Approval

     * Once the application is processed, you will receive an approval notification.
     * This approval is essential for the next steps, as it officially cancels the work permit and residence visa.

6. Book a Flight for the Domestic Worker

    * Arrange a flight for the domestic worker to their home country.
    * Ensure the travel date is within the grace period provided after the cancellation of the visa.

7. Complete the Exit Procedures

    * On the day of departure, accompany the domestic worker to the airport.
    * Ensure all final exit formalities are completed, including presenting the cancellation approval at immigration.

8. Settle Final Dues

    * Pay any outstanding wages or end-of-service benefits to the domestic worker.
    * Obtain a receipt or written acknowledgment from the domestic worker for the payment.

Important Considerations

    * Grace Period: After cancelling the work permit, the domestic worker usually has a 30-day grace period to exit the country.
    * End-of-Service Benefits: Make sure to calculate and pay any end-of-service benefits as per the UAE labour law.
    * Legal Compliance: Following the correct procedure ensures that both the sponsor and the domestic worker remain compliant with UAE laws.

Conclusion

Cancelling a work permit and ensuring a smooth exit for your domestic worker involves several steps that need to be carefully followed.

By adhering to the guidelines provided by the MoHRE and other official sources, you can facilitate a lawful and    respectful departure for your domestic worker. For more detailed information, always refer to the official MoHRE website or contact their customer service for assistance

 For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on   WhatsApp Channels.

 

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Understanding the Criminal Process in UAE: Insights into Dubai Criminal Court System

Federal Law No. 35 of 1992, as amended, outlines the procedures for criminal cases in the UAE. This law includes rules for criminal investigations, trials, rendering judgments, appealing judgments and enforcing judgments.

Filing a Complaint

To start a criminal case in the UAE, the victim must file a complaint against the offender at the police station. This complaint should detail the incident and the sequence of events related to the criminal offence. The complaint can be submitted either in writing or as an oral statement, which will be recorded in Arabic and signed by the complainant. It must be filed at the police station with jurisdiction over the location where the offence occurred.
According to Article 10 of the Criminal Procedures Law, certain cases require a written or verbal complaint from the victim or their legal representative to initiate a criminal action. These cases include:
* Theft, breach of trust and concealment of proceeds if the victim is a spouse, ascendant, or descendant of the perpetrator, and the proceeds are not judicially or administratively seized or encumbered by a lien in favour of another person.
* Refusal to deliver a minor or taking a minor away from their custodian.
* Insult, slander, and other specified crimes.
Complaints must be filed within three months of the victim becoming aware of the crime and the perpetrator unless otherwise stated by law. If the accused is caught red-handed, a complaint can be submitted to any public authority officer at the scene. A complaint from one victim is sufficient to initiate a criminal action, and a complaint against one accused applies to all involved.
For victims under 15 years old or mentally challenged, the complaint must be submitted by their legal guardian. In conflicts of interest or if the victim lacks representation, the public prosecutor will act on their behalf.

Witness Testimony

The complainant can call upon witnesses to support their case during the police investigation. Similarly, the accused will be contacted by the police to provide their statement and may also suggest witnesses who can testify in their favour.

Police Investigation

After receiving the statements from both parties, the police will refer the complaint to the relevant departments, such as electronic crimes or forensic medicine. Once the investigation is complete, the case is referred to the public prosecution if a criminal offence is established under the UAE Penal Code (Federal Law No. 3 of 1987).

Conducting Investigations

The Public Prosecution conducts investigations in Arabic. If any involved party does not know Arabic, an interpreter may be used after taking an oath.

Lapse of Criminal Actions

A criminal action lapses if the victim withdraws their complaint. For multiple victims, all must withdraw for the action to lapse. Withdrawal of a complaint against one accused also applies to others involved. If the victim dies, their legal heirs can withdraw the complaint.
Criminal cases lapse upon the death of the accused, issuance of a final judgment, withdrawal of legal action by the entitled party, issuance of an amnesty, or repeal of the penalising law. Specific timeframes include 20 years for felonies punishable by death, 10 years for other felonies, 3 years for misdemeanours, and 1 year for violations.

Tracking Crimes and Evidence Collection

Judicial officers from various government departments, including police, public prosecution and criminal courts, are authorised to inspect crimes and collect evidence. Other authorised personnel include officers of the armed forces, border police, coastguards, immigration officers and municipal and health inspectors.

Role of Police and Public Prosecution

The police safeguard the public, take initial statements, arrest suspects, conduct investigations and execute Public Prosecution orders. Criminal actions begin with filing a complaint with the local police in the jurisdiction where the offence occurred. Police refer the matter to the prosecutor's office within 48 hours, and the Public Prosecution must question the accused within 24 hours, deciding on arrest or release as per Article 47 of the law.
Under Article 7 of the Criminal Procedures Law, the Public Prosecution has exclusive jurisdiction to initiate and prosecute criminal proceedings. It oversees the process until a final judgment is rendered.
As part of the judicial body, the Public Prosecution investigates crimes, imposes charges, and refers accused individuals to court if their involvement is proven. It also handles the surrender of criminals per international conventions and works with Interpol.

Rights and Obligations of Individuals

The UAE judicial system presumes the accused is innocent until proven guilty. It follows these procedures:
* No criminal penalty is imposed until guilt is proven according to the law.
* No one is arrested, searched, detained, or imprisoned except under legal circumstances.
* Detention or imprisonment occurs only in designated places for the specified period in the warrant issued by the competent authority.
* Law enforcement may only enter residences under specified circumstances or at the resident's request in serious threats.
* Crimes must be reported to the public prosecution or judicial officers.
* Witnesses of crimes should hand over the offender to the nearest public authority without an arrest warrant.

Rights to an Attorney

Anyone accused of a felony punishable by a death sentence or life imprisonment has the right to a lawyer for defence during the trial. If the accused does not appoint a lawyer, the court will provide one at the state's expense. The accused in a felony punishable by provisional imprisonment may also request a court-appointed attorney if they cannot afford one.

Investigation and Arrest Procedures

Upon arriving at a crime scene, a judicial officer can prevent people from leaving until a report is drafted and can call upon witnesses for statements. The officer may order the arrest of the accused if sufficient evidence exists. If the accused is not present, an arrest warrant can be issued. The officer must immediately take the accused’s statement and refer them to the Public Prosecution within 48 hours. The Public Prosecution must then question the accused within 24 hours and decide on arrest or release.

Search of Persons and Residences

Judicial officers can search the accused under lawful circumstances and can frisk them for items related to the crime. If the accused is female, the search must be conducted by a female designated by the officer, with female witnesses present. A search of the accused’s home requires a warrant from the Public Prosecution unless the accused is caught red-handed and there is strong evidence of concealed items or papers. Searches and seizures must comply with legal procedures.

Legal Fees

There are no fees for filing a complaint with the police. However, if the complainant hires an attorney, legal fees will apply.

Structure of the UAE Court System

The Dubai criminal court can imprison, fine and acquit accused persons. Proceedings are conducted in Arabic, and all documents must be officially translated into Arabic. The court system comprises three levels:
* Court of First Instance
* Court of Appeal
* Court of Cassation (final appeal court)
Misdemeanour cases in the Court of First Instance are heard by a single judge, while felony cases are heard by three judges.

Attendance and Hearings

Accused individuals must appear in court if the charges carry a prison sentence. Victims are not required to attend and may have legal representatives appear on their behalf. The trial starts with the judge reading the charges and asking the accused to plead. If the accused denies the charges, further hearings will be scheduled. Failure to appear can result in a judgment in absentia.

Pleadings and Judgments

Both parties can file written memoranda outlining their claims and defences and present evidence through witness testimonies. Hearings typically occur every 2-3 weeks. The court may appoint an expert to review the technical aspects of the case. Once all evidence is presented, the court will deliver a judgment. There is a right of appeal to the Court of Appeal and subsequently to the Court of Cassation.

Tracking Crimes and Evidence Collection

Judicial officers from various government departments, including police, public prosecution and criminal courts, are authorised to inspect crimes and collect evidence. Other authorised personnel include officers from the armed forces, border police, coastguards, immigration officers and municipal inspectors.
The criminal process in the UAE can be complex, particularly for non-Arabic speakers. This overview provides a foundational understanding for those involved in criminal complaints or proceedings. Despite differences from other jurisdictions, fundamental rights such as the right to defence and appeal are upheld in the UAE legal system.
For further information or to inquire about a case, you can visit the Judicial Department - Abu Dhabi. Here is the link --https://www.adjd.gov.ae/sites/eServices/EN/Pages/CaseStudyEnquiry.aspx.

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Ensuring Employee Rights: Legal Recourse for Verbal Abuse in UAE Workplace

In the UAE, employers are legally obligated to provide their employees with a safe and appropriate working environment. Article 13(13) of the Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations states: “The Employer shall provide a safe and appropriate working environment."

Article 14(2) of the Employment Law explicitly prohibits various forms of harassment, including sexual, verbal, physical and psychological harassment, regardless of whether these actions come from employers, superiors, colleagues, or anyone working with the affected employee.

The law states: “It shall be prohibited to exercise sexual harassment, bullying or any verbal, physical or mental violence against the employee by his employer, manager or colleagues.”

Additionally, if an employer uses demeaning language or shouts at an employee in front of others, they can face imprisonment for up to six months or a fine of up to Dh5,000, as outlined in Article 427 of the Federal Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law.

The article states: “A penalty of imprisonment for a period not exceeding six months or a fine not exceeding Dh5,000 shall be imposed if the libel or slander is committed on the telephone or directly against the victim in the presence of others.”

Insults, rumours, and slander are never taken lightly in the UAE. Remember that you can take legal action if you find yourself at the receiving end of offensive tirades at work.

While disagreements and arguments may occur between officemates, when verbal attacks become personal, it may be necessary to escalate the issue beyond the workplace. Making insulting comments against anyone is illegal in the UAE, with the penal code stating that those found guilty of such offences could face imprisonment of up to two years and a fine of up to Dh20,000.

Employees who face verbal abuse or shouting from their boss can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). They may also consider resigning without serving notice within five days after registering the complaint, as per Article 45(2) of the Employment Law.

This article states: “The employee may quit work without notice and reserve all his entitlements at the end of the service if the employee is subject to assault, violence or harassment at the workplace by the employer, or his legal representative, provided that the employee reports such act to the concerned authorities and the Ministry within five working days from the date on which he can report.”

While many residents are aware of such provisions of the UAE law, the question remains: How can charges be filed?
In Dubai, slander can be reported to the police in just a few minutes -- and without even leaving home. The Dubai Police have made the service accessible 24/7 through their digital platforms, including their website and app.

Here's how to file a complaint and what key information you need to prepare and know:

* Emirates ID
* Details to help the police contact your officemate(s) (name, address, car plate number, phone number, and the place where he/she works)
* Details of the incident
* Which police station is nearest to your area

What to do:

* Log into the Dubai Police website (https://www.dubaipolice.gov.ae/)
* Click on the 'Reporting Services' option
* Choose 'File Criminal Complaint'
* Fill out the details (In the case type dropdown menu, choose 'Insulting case')

Some of the questions you will be required to answer:

* What were the words the defendant(s) used?
* When was the insulting remark made (date, time)?
* What could have been the motive?
* Were there any previous conflicts between you and the defendant(s)?
* Did you also use any negative words against him/her/them?

Upon submission of the form, the police are expected to get in touch with you. You may go back to the website to follow up on your complaint.

It's important for employees to know their rights and understand that they have legal protections against workplace harassment and abuse. Employers must maintain a respectful and professional environment, and any form of misconduct should be addressed promptly to ensure the well-being and safety of all employees.

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MoEc Announces New Law to Strengthen UAE Legislation, Combat Commercial Fraud

The Ministry of Economy (MoEc) has clarified that Federal Decree-Law No. (42) of 2023 on Combating Commercial Fraud contributes to creating integrated legislation that will significantly enhance consumer rights protection and combat commercial fraud in the UAE, aligning with the best global standards.

This law introduces comprehensive mechanisms and regulations to prevent the trade of counterfeit, adulterated, and corrupt products and to combat counterfeiting activities, ensuring fair competition and bolstering the UAE’s global competitiveness.

Abdullah Ahmed Al Saleh, Undersecretary of the Ministry of Economy, highlighted that this law marks a significant milestone in the UAE's transition towards an economic model based on fair competition and innovation.

“The primary objective of this law is to enhance the regulatory and legislative landscape for the economic sector, reinforcing the business environment and governance in line with the ministry’s strategic objectives,” he said.

“The introduction of this new law aims to enhance the competitiveness of the business environment for both companies and trademark owners in the country, replacing the previous law on combating commercial fraud.

Additionally, it seeks to foster innovation in businesses and provide support for the protection of intellectual property. The law aligns with federal laws on ‘Consumer Protection’, ‘Trademarks’, ‘Copyright and Neighbouring Rights’, and ‘Commercial Agencies’. Its provisions have been developed with a forward-thinking and adaptable approach that takes future developments into account, ” Ahmed Al Saleh said.

“In the past stage, the Ministry of Economy has collaborated with partners from federal and local government entities, as well as the private sector, to enhance law concerning commercial fraud.

This effort has been instrumental in creating a competitive environment for the establishment of businesses, increasing flexibility in economic and trade activities, and strengthening the UAE's status as a leading global hub for commerce, business, and innovation,” he added.

The Ministry has emphasised the law’s crucial role in fostering a competitive trade and business environment. It will drive the growth and improvement of the domestic trade system and enhance the retail sector.

The law will promote sound commercial practices and effectively combat the sale of counterfeit, adulterated, and corrupt products. This, in turn, will attract major brands and positively impact their economic performance.

Additionally, it will encourage research, development and innovation, benefiting consumers and the UAE’s overall economy.

The MoEc highlighted the significant outputs of the new law, which include:

* Creating a conducive and secure environment for purchases by effectively combating counterfeit, fraudulent, and corrupt goods. The law applies to all types of commercial deceit across the country’s markets, including free zones.

* Violations of the law result in the imposition of administrative penalties designed to encourage greater compliance among businesses by deterring them from selling counterfeit, adulterated, or corrupt products within the country.

* Strengthening collaboration between local and federal authorities and empowering local authorities to address counterfeit and adulterated products, thereby promoting investments and business activities in the country.

* Implementing regulations to eliminate counterfeit, adulterated, or corrupt products from markets and warehouses. This includes reimbursing their value and ensuring that suppliers comply with mandatory commercial records and requests for product release.

* Establishing the Supreme Committee for Combating Commercial Fraud to effectively implement measures against commercial fraud across UAE markets by collaborating with federal and local authorities.

* Prohibiting any involvement in the importation, exportation, production, manufacturing, display, sale, storage, transportation, marketing, trading, promotion, disposal, or possession with the intention to sell counterfeit, corrupt, or adulterated products. This aligns with the best international standards and reinforces the UAE's reputation as a country with robust legislation against such practices. This comprehensive approach aims to protect the interests of both businesses and consumers alike.

According to the law, commercial fraud involves deceiving a consumer through various means. This deception can involve altering or modifying elements such as the nature, quantity, type, price, essential characteristics, origin, source, validity, or providing inaccurate or misleading commercial information about the promoted products, ultimately misleading the customer.

The MoEc's Efforts to Combat Commercial Fraud within the Country

The MoEc, in collaboration with the economic departments, has been conducting regular inspection campaigns in local markets to combat instances of commercial fraud and trademark counterfeiting. Since the start of 2023, a total of 4,444 inspection rounds have been conducted by the Ministry, which have identified 620 violations.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.

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What Steps Can Tenants Take If Landlord Delays Responding to Renewal Contracts in Dubai?

In a recent case, a tenant in Dubai faced uncertainty after the landlord remained unresponsive for six weeks after issuing an eight-month tenancy renewal contract. Despite attempts to negotiate for a standard 12-month contract, the landlord has not responded, leaving the tenants unsure of their next steps.

According to UAE's Law No. 33 of 2008, which amended parts of Law No. 26 of 2007 governing landlord-tenant relationships, tenants are not required to provide notice for non-renewal if the contract has a specified start and end date.

The law’s 90-day notice period is intended for either party to propose changes to the contract at renewal. However, if the landlord does not communicate, tenants can vacate at the end of their tenancy.

Many landlords and tenants may not be aware of this rule, potentially leading to disputes. If a tenant vacates without notice, landlords may attempt to withhold the security deposit, believing that notice was required. This could result in the tenant needing to file a case with the Rental Dispute Centre to resolve the issue.

Applicable Law and Tenant Rights

The relevant law is Law No. 26 of 2007 (as amended by Law No. 33 of 2008) ‘Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai’ (the “Tenancy Law”).

This law applies to all leased lands and properties in Dubai, excluding free accommodation provided to employees. Under this law, tenants have the right to automatically renew their leases, derived from Article 25(2) of the Tenancy Law, considered a matter of public policy. Any agreement to the contrary between the parties is unenforceable.

However, the landlord can refuse the renewal under certain conditions, such as property demolition, significant renovation, personal use, or sale of the property. Strict notice requirements must be followed for eviction, including a twelve-month notice served through the Notary Public or by registered mail.

Lease Renewal Laws for Landlords and Tenants in Dubai

Here’s a detailed look at the laws and essentials for both landlords and tenants in Dubai.

Applicable Law

The relevant legislation is Law No. 26 of 2007, amended by Law No. 33 of 2008, titled ‘Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai’ (the “Tenancy Law”). This law applies to all leased properties in Dubai, regardless of their use -- be it residential, commercial, or industrial -- excluding free accommodation provided to employees by natural or judicial persons.

Tenant’s Right to Renewal

Under the Tenancy Law, tenants have an automatic right to renew their leases. This right is enshrined in Article 25(2) and is considered a matter of public policy, making any agreement to the contrary unenforceable as confirmed by previous decisions of the Rental Dispute Settlement Centre (RDSC).

Landlord’s Grounds to Refuse Renewal

While tenants have the right to renew, landlords can object to renewal under specific circumstances:
Demolition for Construction: Landlords may evict tenants if they intend to demolish the property for reconstruction or addition of new constructions. Tenants can challenge this claim at the RDSC, which requires the landlord to provide evidence, such as prior approval from Dubai Municipality.
Renovation or Maintenance: Renewal can be refused if the property requires extensive renovation or maintenance that cannot be carried out while the tenant is still residing there. The landlord must submit a technical report from Dubai Municipality or an accredited entity.
Recovery for Personal Use: Landlords can evict tenants if they or their first-degree relatives intend to use the property personally. Proof that the landlord lacks suitable alternative property is required. This ground is mainly relevant for individual landlords and may be challenging for commercial leases, where landlords might own multiple properties.
Sale of Property: If the landlord wishes to sell the property, they must provide evidence of the sale, such as a broker agreement or a memorandum of understanding. Simply declaring the intent to sell is insufficient.

Notice Requirements

For eviction, landlords must serve a notice if the grounds align with the mandatory conditions. The notice must:

  • Be served at least twelve months before the eviction date.
  • Be delivered through a Notary Public or by registered mail.
  • Clearly state the grounds for eviction.

Failure to adhere to these requirements allows tenants to challenge the notice, potentially leading to its rejection by the RDSC. The landlord would then need to serve a new notice, delaying the eviction process.

Eviction Order

Once the notice period expires, landlords can apply to the RDSC for an eviction order. If the RDSC finds the landlord’s grounds valid, it will issue an order, and the tenant must vacate the property.

Protecting Your Rights

For Tenants:

  • Document Everything: Keep detailed records of all communications with your landlord.
  • Know Your Rights: Familiarise yourself with the Tenancy Law.
  • Seek Legal Advice: Consult a legal expert specialising in Dubai’s tenancy laws.
  • Use Formal Channels: Send notices via registered mail or through a Notary Public.
  • Consider Legal Action: If disputes persist, file a case with the RDSC.

For Landlords:

  • Follow Legal Procedures: Ensure all eviction notices meet the legal requirements.
  • Provide Sufficient Evidence: When claiming grounds for eviction, be ready to present necessary documentation.

Another Case in Abu Dhabi

In another case, a tenant in Abu Dhabi faces a different dilemma. With their tenancy contract set to expire in one month and an unexpected need to leave the country, they are seeking clarity on their obligations. Despite having previously agreed to renew the contract, they must now cancel their residence visa and leave.

A situation like this largely depends on the landlord's discretion. While the tenant may face penalties for short notice, negotiating with the landlord for a compromise is advised. Potential penalties could amount to one or two months’ rent. Finding a new tenant could also help mitigate these costs.

Protecting Your Rights

To protect your rights as a tenant, consider the following steps:

  • Document Communication: Keep a record of all communications with your landlord, including emails, messages, and letters. This documentation can be crucial if a dispute arises.
  • Understand the Law: Familiarise yourself with the Tenancy Law and your rights and obligations under it. Knowing the legal framework can help you make informed decisions and recognise when your rights are being infringed upon.
  • Seek Legal Advice: If your landlord is unresponsive or you face potential legal issues, consider consulting with a legal expert who specialises in landlord-tenant laws in Dubai. They can provide guidance tailored to your specific situation.
  • Use Registered Mail for Notices: When sending important notices, use registered mail or the services of a Notary Public to ensure that your communications are formally acknowledged.
  • File a Case if Necessary: If you cannot resolve issues with your landlord and your rights are being violated, you may need to file a case with the Rental Dispute Centre. Legal action can help enforce your rights and potentially recover any withheld deposit.

To protect your rights as a landlord, consider the following steps:

  • Follow Legal Procedures: Ensure all eviction notices meet the legal requirements.
  • Provide Sufficient Evidence: When claiming grounds for eviction, be ready to present necessary documentation.

Conclusion

In both scenarios, tenants are advised to communicate openly with their landlords to seek amicable solutions and be prepared for potential financial repercussions.

By understanding the legal framework and practical considerations, both landlords and tenants can navigate the complexities of lease renewals and avoid disputes.

The Tenancy Law offers increased protection for tenants and stability in Dubai’s housing market, though challenges remain in its application to commercial leases.

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Blood Money and Justice: Exploring the Legal and Ethical Dimensions of Diya in the UAE

The United Arab Emirates Penal Code, established by Federal Decree-Law No. 31 of 2021, serves as the foundation for criminal justice in the nation. It outlines a range of punishments for offenses, including fines, imprisonment terms of varying lengths (temporary or life), and even the death penalty. The Code also integrates principles derived from Islamic law, specifically regarding retribution (Qisas) and compensation for victims (Diya).

Diya is a key aspect of victim compensation through blood money, which is a financial payment mandated by the Penal Code. In the UAE, Diya is a form of compensation paid by a perpetrator to a victim or the victim's family for death or injury, based on Islamic Sharia principles. It can be traced back to the Holy Quran, where it is intended to promote justice and forgiveness through financial compensation.

Diya serves as an alternative to Qisas, which refers to retaliation, allowing the victim’s family some retribution. In cases of involuntary manslaughter, where a killing occurs unintentionally, Diya serves as a form of financial restitution to the victim's family. The standard amount for involuntary manslaughter is set at Dh200,000 according to Article 30.

However, it's important to note that Diya is not the sole consequence. As stipulated by Article 383, the perpetrator may also face additional penalties outlined in the Penal Code, such as imprisonment.

This means that someone who commits a crime resulting in death could be sentenced to jail time while simultaneously being obligated to pay blood money to the victim's family.

It's crucial to understand that Diya is not awarded in all criminal cases. It's strictly applicable to offenses against human life and society, such as unintentional killings, causing serious injuries, or permanent disabilities.

Arsh Compensation

The UAE Penal Code also recognises compensation for bodily harm beyond involuntary manslaughter. Arsh refers to financial compensation awarded for the loss of limbs, organs, or bodily functions. The payment amount is not a fixed sum but rather a proportion of the standard Diya (Dh200,000) determined by a medical evaluation.

A team of medical professionals assesses the disability percentage sustained by the victim, and this rating is then applied to the base Diya amount to calculate the final Arsh compensation.

For instance, a 50 per cent disability would result in an Arsh compensation of Dh100,000. Notably, the courts may award the full Diya amount in cases of severe injuries, such as losing both limbs.

Application of Diya

Diya plays a significant role in compensating families for deaths caused by traffic accidents. However, the amount awarded is not absolute. Mitigating factors, such as the victim's own actions contributing to the accident, can lead to a reduction in Diya.

This principle was illustrated in a case before the Federal Supreme Court (Case No. UAE 42/2014). Here, a driver was found responsible for a child's death in a traffic accident and ordered to pay Diya. The driver appealed the decision, arguing contributory negligence on the part of the child's father who allegedly let the child run near moving vehicles.

Even though the Federal Supreme Court, in its 2015 decision, rejected the appeal, the court still acknowledged the trial court's authority to assess the link between fault and damages, including the extent to which the victim or others contributed to the accident. Crucially, the court determined that the charges against the driver were proven to the point of conviction, rendering the argument of contributory negligence irrelevant at the appeal stage.

This case emphasises the nuanced application of Diya in the UAE. While it offers compensation to the victim's family, the system considers the degree of fault on both sides, ensuring a balance between restorative justice and accountability.

In contrast, Diya is not used in cases considered to be an “Act of God.” For example, in a case regarding a passenger who died of a heart attack during a flight, the family sought compensation through Diya and other psychological damages. They argued that under the Montreal Convention, which was embodied in UAE law through Federal Decree No. 13 of 2000, the airline negligently handled the medical emergency and should have taken reasonable steps to mitigate the condition.

The UAE court, influenced by expert testimony on aviation matters, ultimately concluded that the airline bore no fault in the passenger's death. The heart attack was classified as an "Act of God," absolving the airline of liability. Furthermore, the court acknowledged the crew's appropriate actions, including seeking medical advice via Medlink (the standard procedure for onboard medical consultations) and providing available medical care.

The timeframe and location (over the sea) also factored into the court's decision, deeming an emergency landing impractical. The case illustrates that the concept of Diya is only applicable when the airline's negligence is established, and it does not preclude claims for other forms of compensation.

Compensation Beyond Blood Money

The UAE legal system allows for compensation beyond Diya in certain circumstances. A landmark case (Case No. 111/2020) involved an insurance company disputing additional compensation for moral damages awarded to the parents of a child killed in a traffic accident, on top of the Diya payment.

The company argued that Article 299 of the UAE Civil Code prohibits combining these forms of compensation. However, the Dubai Court of Cassation disagreed.

While the article restricts combining Diya with other forms of compensation meant as financial gain, the court distinguished moral damages as a remedy for the emotional and psychological suffering endured by the parents.

The court emphasised that these damages are separate from Diya, which serves as financial compensation for the loss of life. Therefore, the court upheld the additional compensation for the parents' emotional distress. This case clarifies that Diya does not preclude victims' families from seeking compensation for intangible losses associated with their tragedy.

In essence, the UAE Penal Code strives to achieve a balance between punishment and financial support for the families of victims in specific criminal cases.

This system reflects the influence of Islamic legal principles while incorporating a contemporary approach to criminal justice. Additionally, while the standard Diya amount is established, there may be variations depending on the specific circumstances of the crime and the gender of the victim.

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Law Update: Airlines Should Compensate Passengers for Damaged or Lost Luggage

 

A recent update to the UAE's Commercial Transactions Law outlines the conditions under which travellers can claim compensation for stolen or lost belongings during flights. The law specifies the responsibilities of airlines for passengers' checked-in luggage, clarifying when and how passengers can seek compensation.

Responsibilities of Airlines

Under Article 353(2) of Federal Decree-Law No. 50 of 2022, which issues the Commercial Transactions Law, airlines departing from or arriving in the UAE are responsible for the checked-in luggage of their passengers.

The law states: “The luggage referred to in Clause (1) hereof shall mean the objects that may be carried by the passenger in the aircraft or delivered to the carrier to be in its custody, during the travel.”

Additionally, Article 356(1) stipulates that airlines are liable for damage or loss of checked-in luggage. It states, “The air carrier shall be responsible for the damage resulting from the destruction, loss, or damage of the checked luggage and cargo if an accident occurs and results in damage during the air transport.”

Compensation for Lost or Damaged Luggage

In cases of damage or loss of luggage, airlines should compensate passengers up to Dh500 per kilogramme of luggage. Article 359(2) explains: “In case of transport of luggage and cargo, the remedy shall not exceed Dh500 for each kilogramme unless it is agreed on a higher amount.

However, if the consignor sends a special statement upon delivering the luggage or cargo indicating the special importance imparted to the delivery thereof in good condition at the destination due to its value, and pays the additional fare requested by the carrier, the carrier shall pay the remedy in the amount specified by the consignor, unless the carrier proves that such value exceeds the real value of luggage and cargo.”

Filing a Civil Claim

Passengers who experience loss or damage to their luggage may file a civil claim against the airline. According to Article 368, claims can be filed in any of the following courts:

  • The court with territorial jurisdiction over the arrival or departure destinations.
  • The court under whose jurisdiction the airline’s head office is located.
  • The court specified in the travel contract (air ticket) between the passenger and the airline.

The law states that the claimant shall have the option to file action before any of the following courts:

  • The court in which circuit the domicile of the carrier is located.
  • The court in which circuit the head office of the carrier’s activity is located.
  • The court in which circuit the establishment or the facility that concludes a contract for him, is located.
  • The court of the destination.

Steps to Take

  • Check Your Air Ticket: Review the terms and conditions related to the loss of checked-in luggage.
  •  File a Complaint: Submit a written complaint to the relevant airline regarding the loss of your personal belongings.
  • Seek Higher Authorities: If the airline is uncooperative, file a complaint with the Dubai Civil Aviation Authority.
  • Consider Legal Action: If necessary, consider filing a case against the airline in the Dubai Court or the court with jurisdiction over the South Asian airport where the belongings were lost.

These updates are part of the UAE’s efforts to protect passengers' rights and ensure that airlines are held accountable for their responsibilities. Travellers are advised to be aware of these regulations to take appropriate action if they encounter any issues with their luggage.

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UAE Bankruptcy Law: Employee Protections and Entitlements in Times of Company Insolvency

In today's dynamic economic landscape, where businesses can face unexpected challenges leading to insolvency, it is crucial for employees to understand their rights and protections under the law.

In the United Arab Emirates (UAE), Federal Decree Law 51 of 2023, promulgating the Financial Reorganisation and Bankruptcy Law (the “Bankruptcy Law”), has been pivotal in safeguarding the interests of employees when their employer declares insolvency. This legislation outlines a framework designed to provide reassurance and support to employees during what can be a tumultuous period.

Immediate Protections and Entitlements

This newly enacted Bankruptcy Law establishes that employees are considered privileged creditors. This means that when the company's assets are liquidated to settle debts, employees' claims for unpaid wages, end-of-service benefits and other entitlements are given priority over other creditors, except for secured creditors (like banks with mortgages).

When a company in the UAE declares insolvency, employees are entitled to several key protections and benefits:

Notification and Reporting: When an employer becomes insolvent or is unable to pay its debts, they must notify the Ministry of Human Resources and Emiratisation (MoHRE) within a specified timeframe. This notification triggers the implementation of protective measures outlined in the law.
Unpaid Wages and End-of-Service Benefits: The newly enacted law ensures that employees have a legal right to receive their unpaid wages, end-of-service benefits and any other financial entitlements accrued during their employment. In other words, when a company's assets are liquidated to pay off debts, employees' claims for their financial entitlements are given precedence. This is crucial as it safeguards employees from losing their rightful compensation due to the financial difficulties of their employer.
Redundancy Payments: In cases where the insolvency leads to redundancies, employees can demand compensation. This includes compensation for notice periods and severance pay, which are crucial lifelines for individuals facing sudden unemployment.

Legal Framework and Implementation

The Bankruptcy Law ensures that these protections are enforceable through a clear legal framework. Employers or trustees appointed by the court are obligated to comply with these provisions and ensure that all entitlements are settled. Failure to do so can result in penalties and legal consequences for the employer.

The law underscores the UAE government's commitment to maintaining fair labour practices and protecting the rights of all employees, particularly in times of economic hardship.

Challenges and Considerations

While the law provides robust protections, navigating the complexities of insolvency proceedings can still pose challenges. Employees may encounter delays in receiving their entitlements due to the intricacies of asset liquidation and debt settlement.

Therefore, it's advisable for affected individuals to seek guidance from legal experts or labour lawyers to ensure their rights are upheld throughout the process.

Conclusion

This new Bankruptcy Law represents a significant stride in ensuring that employees are not unduly disadvantaged when their employer faces insolvency. By prioritising employees' financial entitlements and providing support mechanisms during transitional periods, the UAE government underscores its commitment to safeguarding the welfare of its workforce.

For employees navigating the aftermath of company insolvency, understanding these rights and accessing available resources can make a crucial difference in mitigating the impact of unexpected job loss and financial uncertainty.

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Abortion Now Allowed in Cases of Rape & Incest: All You Need to Know About UAE’s New Law

 

A recent cabinet resolution in the UAE has expanded the circumstances under which abortion is permitted, aiming to curb unsafe practices associated with terminating unwanted pregnancies. The new law specifies that abortions can now be performed in five instances.

According to the resolution, a licensed physician may conduct the procedure if the pregnancy resulted from rape or incest, or if it is at the request of spouses following approval by a designated committee.

Details regarding the specific nature of the requests from spouses have not been disclosed in the resolution. Additionally, non-consensual intercourse or pregnancy involving a person from the woman's lineage or relatives are now recognised grounds for abortion. This decision, along with existing provisions in the Medical Liability Law, allows for abortions in a broader range of circumstances compared to previous regulations.

Previously, abortions were only permitted if the pregnancy endangered the woman's life or if foetal abnormalities were detected. "This legislative reform marks a critical development in the UAE's legal approach to women's rights, extending access to safe abortions under specified conditions and aligning with international legal standards," says Ayushi Tripathi, Legal Associate at Dubai-based NYK Law Firm.

The Ministry of Health and Prevention (MoHAP) has outlined that parental or guardian consent will not be required in emergency cases necessitating immediate surgical intervention. A committee within each health authority, comprising specialists in obstetrics/gynaecology, psychiatry, and a representative of the Public Prosecution, will oversee and approve such requests.

"It demonstrates the nation's commitment to gender equality and sets a precedent for progressive legal reforms within the region," she adds.

Key Conditions

  • A licensed specialist obstetrician-gynaecologist in the UAE can perform abortions at authorised healthcare facilities, subject to specific conditions.
  • Before and after the procedure, women must receive medical and social counselling as mandated by the resolution.
  • Abortions are permissible only if they do not pose a risk to the pregnant woman's life due to medical complications.
  • The procedure must be performed within 120 days of pregnancy duration.

International Standards

The UAE's approach to reproductive rights aligns with international standards by considering the physical and mental health of women in addition to cases of rape and incest. It is part of broader efforts to modernise the legal framework, promoting gender equality and improving protections against domestic violence and discrimination.

The reform applies uniformly to Emirati citizens and expatriates residing legally in the UAE for at least one year. This development will have a positive impact on women's rights and contribute to a more inclusive legal environment in the UAE.

The establishment of a committee within each health authority, comprising specialists in obstetrics/gynaecology, psychiatry, and a representative from the Public Prosecution, underscores the government's commitment to ensuring the procedure is conducted responsibly and in line with legal requirements.

As the UAE continues its path of legal reform, including advancements in family court procedures and women's social and economic rights, experts anticipate further improvements in gender equality and healthcare access.

The new resolution marks a significant step forward in the UAE's efforts to protect women's health and rights, setting a precedent for other nations in the region to consider similar reforms in the future. The law applies to both Emiratis and expatriates; non-Emirati residents must have legally resided in the UAE for at least one year before requesting an abortion.

When is Abortion Allowed?

Abortions are permitted in the following circumstances:

  • Sexual Assault: If the pregnancy is the result of sexual intercourse against the woman’s will or without her consent.
  • Incest: If the pregnancy is a result of incest, involving a person from the woman's lineage or relatives.
  • Spousal Request: At the request of spouses, subject to approval by a dedicated committee.
  • Risk to Life: If continuing the pregnancy poses a risk to the pregnant woman's life.
  • Foetal Deformation: If severe foetal deformation that could impact the newborn’s health and life is diagnosed.

Conditions for the Procedure

The pregnancy must not exceed 120 days, and there should be no medical complications endangering the life of the pregnant woman.

Regulatory Committee

Decisions regarding abortion requests will be made by a committee formed by the Ministry of Health and Prevention (MoHAP) or the head of an emirate's health authority. The committee comprises:

  • An obstetrics and gynaecology specialist
  • A psychiatry specialist
  • A representative from the Public Prosecution

Process and Appeals

The committee may request additional documents and expert opinions, issuing a decision within five working days. If the decision is contested, appeals can be made by the pregnant woman, her husband, or guardian within the same timeframe. The final decision, binding for all parties, will be issued by the Minister or Head of the health authority.

Where and How the Procedure Must Be Performed?

Abortion procedures must be performed at licensed healthcare facilities by specialist obstetrician-gynaecologists. The facility must document the case thoroughly, including the pregnancy duration, reasons for abortion, necessary approvals, and procedures undertaken. Medical and social counselling is mandatory before and after the procedure.

Consent Requirements

Written consent from the pregnant woman is mandatory, unless in cases of emergency where consent is implied. In situations where the woman cannot provide consent, approval from her husband or guardian is required.

Expat Requirements

Non-citizen women seeking abortion must have held a valid UAE residency permit for at least one year before submitting the request.

These regulations mark a significant step in the UAE’s approach to reproductive health, aiming to provide clarity and legal safeguards while addressing sensitive medical and ethical considerations. For more information, individuals are encouraged to consult with healthcare providers and legal authorities to understand their rights and responsibilities under the new law.

"This new reform represents a pivotal moment in the UAE's approach to women's rights, expanding access to safe abortions in critical circumstances and aligning with international standards. It underscores the country's commitment to gender equality and sets a precedent for progressive legal frameworks in the region," concludes Ayushi.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Unlocking Justice in the UAE: Understanding Bail Procedures and Investigation Process

Understanding the legal framework of the United Arab Emirates (UAE) requires familiarity with bail procedures and the investigative process in case of legal issues. These aspects are crucial for protecting the rights of those accused of crimes while maintaining the integrity of criminal proceedings.

From the initial filing of complaints with local authorities to the critical roles played by the Public Prosecution and the courts, every step is regulated by Federal Law No. 35 of 1992 concerning Criminal Procedural Law.

This article provides a comprehensive overview of both the bail procedures and the investigation process in the UAE, highlighting the conditions, rights and responsibilities involved at each stage.

Familiarity with these procedures is vital for anyone involved in legal matters within the UAE, promoting transparency, adherence to legal norms and the protection of rights throughout the judicial process.

Investigation Process in the UAE

Criminal proceedings in the UAE commence with the filing of a complaint at the local police station where the offence occurred. During the initial stages of the investigation:

Police Involvement: The police gather statements from involved parties. Within 48 hours of receiving the complaint, the local police refer the case to the Public Prosecution.
Role of Public Prosecution: The Public Prosecution then assumes responsibility, questioning the accused within 24 hours of their referral from the police. Based on the evidence gathered, the Public Prosecution decides whether to order the accused's arrest or release under Article 47 of the Criminal Procedures Law.
Legal Framework: Federal Law No. 35 of 1992, as amended, outlines the comprehensive procedures for criminal cases in the UAE. It delineates the methodology for investigation, trial procedures, judgement rendering, conditions for appeal, and enforcement of judgements.
Exclusive Jurisdiction: Article 7 of the Criminal Procedures Law grants exclusive jurisdiction to the Public Prosecution to initiate and oversee criminal proceedings until a final judgement is reached. The Public Prosecution is integral in investigating charges, determining criminal involvement, and referring cases to competent courts.
International Cooperation: The Public Prosecution handles issues related to the surrender and extradition of criminals per international conventions, often collaborating with organisations like the International Criminal Police Organisation (Interpol).
Filing Criminal Complaints: As per Article 10 of the Criminal Procedures Law, criminal actions require written or verbal complaints by the victim or their legal representative. Such complaints are necessary for specific offences, including theft, breach of trust, and insults, which must be filed within three months of discovering the crime unless specified otherwise by law.
Special Cases: Complaints can be lodged directly with any public authority officer if the accused is caught red-handed. Additionally, a single complaint from any victim suffices to initiate action in cases involving multiple victims or accused parties.
Protection of Vulnerable Victims: For victims under 15 years old, mentally challenged individuals, or when crimes target their property, complaints must be submitted by their legal guardians. In cases of conflict of interest or absence of representation, the Public Prosecution acts on behalf of the victim.
Language Requirements: All investigations by the Public Prosecution are conducted in Arabic. In situations where the accused, litigants, witnesses, or other critical parties do not speak Arabic, the prosecution may engage an interpreter after administering an oath.

Bail Procedures in the UAE

Definition and Purpose: Bail is a conditional release granted to an accused person pending trial to ensure their presence at legal proceedings and prevent unnecessary detention.

Conditions for Granting Bail: Article 111 of the Criminal Procedural Law restricts bail for offences punishable by the death penalty or life imprisonment. Bail is typically granted for minor crimes and misdemeanours, such as cheque bounce cases, upon application to:

Police: Before transferring the case to the Public Prosecution.
Public Prosecution: During investigation stages.
Court: Before final judgement issuance.

Types of Bail Guarantees

Personal Guarantee: Requires surrendering a valid passport, either of the accused or a third party, as collateral.
Financial Guarantee: Involves depositing a specified amount with the court, refundable after trial completion if all conditions are met.
Combined Guarantees and Bail Document: Depending on the case, both personal and financial guarantees may be required. Upon release on bail, the accused receives a "Qafala" document outlining bail conditions and consequences for non-compliance.

Responsibilities of Bail Guarantor

The bail guarantor signs a bond detailing conditions and obligations. They ensure the accused complies with bail terms and attends all required court proceedings.

Revocation of Bail

Article 115 of the Criminal Procedural Law allows bail revocation for non-compliance with conditions or new circumstances affecting the case. The Public Prosecution or court may initiate revocation and order re-arrest if necessary.

Legal Framework

Governed by Federal Law No. 35 of 1992, the Criminal Procedural Law specifies bail procedures, ensuring fairness and adherence to legal requirements. Understanding these procedures is essential for individuals navigating the UAE legal system, ensuring compliance with bail conditions and procedural obligations during legal proceedings.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Dh400 Fine Awaits Employees Who Fail to Sign Up for UAE Unemployment Insurance Plan

Did you receive a text message asking you to renew your ILOE (Involuntary Loss of Employment) subscription? If you were among the first employees in the UAE to enrol in the unemployment insurance scheme, which commenced on January 1, 2023, and opted for an annual subscription, you might have already received a renewal notification. Early subscribers are now being reminded via text messages to renew their policies.

According to the Ministry of Human Resources and Emiratisation (MoHRE), over 6.7 million UAE residents have subscribed to the scheme since it took effect. The deadline to enrol ended on October 1.

A Dh400 fine was imposed on workers who failed to sign up. A Dh200 fine applies to subscribers who fail to pay the premiums for more than three months. Employees whose work permits were issued after October 1, 2023 must subscribe to the scheme within four months, failing which they face a Dh400 fine.

Employees who fail to pay their fines within three months from the due date will have the amount deducted from their wages or end-of-service gratuity. New work permits will not be issued until the fines are cleared. 

Emiratis and expatriates working in the federal government and private sectors are required to subscribe to the scheme. Exempted categories include investors, domestic helpers, temporary contract workers, juveniles and retirees who are entitled to a pension.

The ultra-low-cost scheme is divided into two categories:

  • The first covers those with a basic salary of Dh16,000 or below, with an insurance premium set at Dh5 per month (Dh60 annually). The maximum monthly compensation is Dh10,000.
  • The second covers those with a basic salary exceeding Dh16,000, with an insurance premium of Dh10 per month (Dh120 annually). The monthly compensation for this category is capped at Dh20,000.
    The compensation is paid for a maximum of three months from the date of unemployment, provided the employee was not terminated for disciplinary reasons. The amount is calculated at 60 per cent of the average basic salary in the six months before unemployment.

Steps to Renew Your ILOE Subscription

  • Visit the ILOE Website
  • Go to iloe.ae.
  • Click on the ‘Subscribe/Renew here’ option on the homepage.

Subscription Information

  • A pop-up box will appear with details about who can subscribe to the scheme.
  • Click on the ‘Subscribe here’ button.

Select Your Sector

  • You will be redirected to a page with several options.
  • Under the ‘Individual’ option, select your sector: private, federal government, or unregistered under MoHRE.

Enter Your Details

  • Provide your Emirates ID and mobile number.
  • Click on ‘Request OTP’ (One-Time Password).
  • Enter the OTP received via SMS and click ‘Submit’.

Access Your Dashboard

  • You will be taken to your dashboard on the ILOE website.
  • Here, you can view details such as your insurance number, policy start and expiry dates, insurance category and last installment paid.

Renew Your Policy

  • On the right side of the screen, you will see a breakdown of your previous payments and the option to renew.
  • Click on the ‘Pay Now’ button.

Make a Payment

  • You will be directed to a payment gateway.
  • Enter your credit or debit card details and click on the ‘Pay’ button.
  • After a few seconds, you will be redirected back to the ILOE website and receive a notification confirming your payment was successful.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Salary Payment Options in the UAE and Legal Remedies When Employer Fails to Pay

In the United Arab Emirates (UAE), where the workforce spans various industries and nationalities, ensuring fair and transparent payment practices is crucial.

The UAE Labour Law provides a framework that outlines not only the rights of employees but also the obligations of employers when it comes to salary payments.

Understanding the nuances of these regulations is essential for both employers and employees to foster a harmonious working environment.

Here are six salary payment options stipulated by the UAE Labour Law, shedding light on how wages can be paid while maintaining fairness and compliance:

1 Monthly Salary Payments: The most common practice in the UAE is the monthly salary payment, where employees receive their wages on a monthly basis. This ensures regular income for employees and allows employers to streamline their payroll processes.
2 Daily Payments: This kind of wage is paid for temporary or seasonal jobs, where the company pays the worker on a day’s work basis.
3 Weekly Payments: In certain industries or for specific job roles, weekly salary payments may be preferred. This option offers employees more immediate access to their earnings and can be beneficial for those with financial commitments requiring regular cash flow.
4 Hourly Payments: An hourly wage is the amount an employee is paid per hour they work. An employer pays an employee based on how many hours they work each pay period, which might be a week, two weeks, half a month or a month.
5 Quarterly Payments: For employees on higher salaries or in specialised roles, quarterly payments may be agreed upon. While less common, this option provides a lump sum every three months and can be advantageous for those with substantial financial responsibilities.

Annual Payments: In rare cases, particularly for senior executives or individuals with unique employment agreements, annual salary payments may be negotiated.

Although less frequent, this option allows for comprehensive financial planning and may include bonuses or other incentives tied to yearly performance.

Regardless of the chosen payment frequency, the UAE employment law mandates that employers adhere to certain guidelines to ensure fair and timely wage disbursement.

These include providing detailed salary statements, adhering to minimum wage requirements, and avoiding any unlawful deductions.

Moreover, employers must offer employees the option to receive their wages through electronic transfer to their bank accounts, promoting efficiency and transparency in salary transactions.

By offering a range of salary payment options, the UAE employment law prioritises flexibility and fairness, ensuring that the rights of both employers and employees are protected.

This commitment to a balanced working relationship fosters trust and stability in the UAE's diverse workforce, contributing to its continued economic growth and prosperity.

If an employee is not paid their salary on time, they have legal remedies available to seek redress and ensure that their rights are upheld. Here are some potential legal remedies that an employee can pursue:

Informal Resolution: Initially, the employee may opt for informal resolution by directly discussing the issue with their employer or the HR department. This approach may lead to a quick resolution without the need for formal legal action.
Formal Complaint with the Ministry of Human Resources and Emiratisation (MoHRE): If informal resolution attempts fail, the employee can file a formal complaint with MoHRE. The ministry has established channels for handling labour disputes, including non-payment of wages. MoHRE may intervene, investigate the matter and facilitate a resolution between the employer and employee.
Employment Tribunal: If the issue remains unresolved, the employee can escalate the matter to the employment tribunal. The employment tribunal specialises in resolving disputes related to employment contracts and labour rights. Employees can file a lawsuit against their employer for non-payment of wages, and the tribunal will adjudicate the case based on UAE employment laws and regulations.
Legal Representation: Employees have the right to seek legal representation to navigate the complexities of labour disputes and tribunal proceedings. A qualified labour lawyer can provide guidance, represent the employee's interests in legal proceedings, and advocate for their rights under UAE employment laws.

Compensation and Remedies

If the employment tribunal rules in favour of the employee, they may be entitled to various remedies, including:

Back Pay: Compensation for the unpaid wages owed to the employee.
Penalties: Employers may be required to pay penalties or fines for violating labour laws, including delayed salary payments.
Termination of Contract: In severe cases, the tribunal may order the termination of the employment contract and award compensation to the employee for any damages incurred.

It's important for employees to document any instances of non-payment or delayed payment of wages, including keeping records of salary statements, communications with the employer and any other relevant evidence.

This documentation can strengthen their case when seeking legal remedies through MoHRE or the employment tribunal.

Overall, UAE employment laws provide robust protections for employees facing issues such as non-payment of wages, ensuring that they have legal avenues to seek redress and uphold their rights in the workplace

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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How to File a Noise Complaint Against Rowdy Neighbours or Construction Clatter in UAE?

After a long, tiring day at work, dealing with disruptive noise from neighbours or nearby construction can be incredibly frustrating. Fortunately, there are ways to address this issue. Here’s a guide on how to file a noise complaint in various emirates of the UAE.

Filing a Noise Complaint in Dubai

In Dubai, construction noise can be reported if it occurs between 8pm and 6am on weekdays, and 8pm to 7am on weekends. Here’s how to file a complaint:

  • Download the 'Dubai Municipality' app on your phone.
  • Tap on ‘Services’.
  • Scroll down to ‘Building and Construction’ and select ‘Report Construction Noise’.
  • Upload a video or picture of the noisy site and provide a short description.
  • Tap on 'Choose Location' and either select your location on the map or manually enter your address.
  •  Tap on ‘Proceed’.

The complaint is typically resolved within one working day. Note that this service is not available for private compounds or gated communities; for these, contact your neighbourhood developer.

In addition to construction noise, any noise exceeding 55 decibels, such as loud music or a barking dog, can be reported. Complaints can be submitted via email at info@dm.gov.ae, by calling the toll-free number 800900, or through Dubai Police’s non-emergency number 901.

Filing a Noise Complaint in Abu Dhabi

Residents of Abu Dhabi can file complaints, including noise complaints, through the website tamm.abudhabi:

  • Visit the homepage and scroll down to the Emergency Numbers tab.
  • Click 'Support' and then 'File a Complaint'.
  • Describe the details of your complaint in the 'Describe Your Case' box.
  • Fill in the location details.
  • Attach any supporting images and documents.
  • Choose your preferred response channel (email or SMS) and click submit.
  •  Alternatively, you can register a complaint via TAMM's toll-free number 800555 or through the website's chatbot.

Filing a Noise Complaint in Sharjah

Sharjah residents can report noise complaints by visiting portal.shjmun.gov.ae:

  • On the homepage, click 'Complaints and Suggestions'.
  • Fill out the form with your information.
  • Select 'Request Type' and choose 'Complaint'.
  • Describe the details of your complaint in the 'Message' box.
  • Enter the verification code shown.
  • Attach any supporting documents and click submit.
  • You will receive a notification via SMS or email confirming your complaint. For follow-ups, call 06-5623333.

Filing a Noise Complaint in Ras Al Khaimah

In Ras Al Khaimah, noise complaints can be filed through rak.ae:

  • On the homepage, click ‘eComplaint’ and then ‘Lodge eComplaint’.
  • Fill in your personal information.
  • Select 'Government Agency' and choose 'Municipality'.
  • Attach supporting images and documents.
  • Describe your case and click submit.
  • To track your complaint, visit the website and click ‘Track eComplaint’. For assistance, call the municipality’s hotline at 07-2466666.

Filing a Noise Complaint in Ajman

Ajman residents can file noise complaints by visiting www.am.gov.ae:

  • Go to 'Suggestions and Complaints' and click 'Individual'.
  • Choose 'Complaint' and fill in your personal information.
  • Describe the details of your complaint in the 'Message' box.
  • Attach any supporting documents and click send.
  • You can also call the municipality’s toll-free number 80070 or send a fax to 06-7441616.

Through these steps, you can effectively address noise disturbances and enjoy a more peaceful environment in your home.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Treat Child as Human Being and Not Like a Toy: Bombay High Court in Custody Case

 

A child involved in a custody battle must not be treated like a toy by their parents but should be regarded as a human being, with their interests given paramount importance, the Goa bench of the Bombay High Court recently observed in a child custody case.

Single-judge Justice Bharat Deshpande made this observation while granting equal custody time to both the mother and the father during the child's summer holiday.

"It is necessary to note here that a child cannot be considered as a toy for the purpose of compensating parents for their lost visitation rights. A child has to be treated as a human being, and the most important aspect is the best interest of the child, which has to be of paramount importance," Justice Deshpande stated in the order dated June 14.

The order came in response to a plea filed by the mother seeking to quash the family court's May 8 order, which had granted seven weeks of custody to the father and five weeks to the mother.

The parties were US citizens, and their marriage took place in California. The child was born in February 2019 in Paris. However, relations between the two soon soured, and the father brought the child to Goa after a court in California granted him custody in an ex-parte order.

Subsequently, the mother also came to India, and the estranged couple initiated custody proceedings before the family court in Mapusa.

The High Court noted in its order that it had modified a family court's June 2023 order in October 2023, granting visitation rights to the father while upholding the child's custody with the mother.

However, the father could not exercise his visitation rights due to the child's ill health. Therefore, the father filed another application before the family court in Mapusa, seeking custody of the child during the school holiday.

The family court, in an order dated May 8 this year, acknowledged that the father could not utilise his visitation rights due to the child's ill health.

Consequently, it granted him seven weeks of custody during the summer break while granting only five weeks to the mother. The mother then appealed to the High Court against this decision.

The High Court refused to accept the father's argument that lost visitation rights could be compensated and that the family court had rightly granted him more time.

The judge stated that the family court's decision to grant the father seven weeks of custody was against the best interest of the five-year-old child.

"For a child of such tender age, the presence of the mother is of utmost importance. However, it cannot be ignored that the father also needs to be considered for the purpose of custody and visitation rights," the Court said.

The paramount interest of the child needs to be considered along with the fact that they are entitled to spend time with both parents during the holiday period, the single-judge opined.

Hence, it would be appropriate to equally divide the holiday period between the parents, the Court ruled.

"Parents as well as the child are entitled to utilise such a holiday for the purpose of spending quality time with both the father and the mother and their respective relatives, in order to maintain and keep the bond within the family. The child needs an opportunity to become acquainted with the family members of both parents," the order stated.

Therefore, the Court ruled that the holiday period of eleven weeks should be divided equally between the mother and the father.
It granted five weeks of custody to each parent accordingly.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Arrest, Detention Procedures in the UAE: Safeguarding Rights and Ensuring Justice

Arrest and detention procedures in the United Arab Emirates (UAE) are essential components of its criminal justice system, designed to uphold justice while safeguarding individual rights.

Governed by Federal Law No. 35 of 1992 and subsequent amendments, these procedures dictate how individuals suspected or accused of crimes are handled from apprehension through to legal proceedings.

Arrest under criminal procedure involves the lawful apprehension of suspects based on sufficient evidence, ensuring they are informed of their charges and rights promptly.

Within 48 hours, suspects must appear before the Public Prosecution, which then decides on their further detention or release pending trial. Conversely, detention for questioning allows authorities to gather evidence, with initial periods extendable based on investigative needs.

The UAE's legal framework ensures transparency and fairness, empowering judicial officers and the Public Prosecution to oversee investigations and uphold the rule of law. Understanding these procedures is essential for anyone involved in legal matters within the UAE, fostering compliance with legal norms and protecting the rights of all parties involved.

This article provides a detailed exploration of both the arrest and detention procedures in the UAE, shedding light on their implementation and significance in the country's legal landscape.

Arrest under Criminal Procedure

Arrest in criminal cases involves apprehending individuals suspected of committing crimes to ensure their appearance before authorities and prevent further offences. Law enforcement officers can issue arrest warrants based on sufficient evidence for felonies and certain misdemeanours punishable by penalties other than fines.

After arrest, individuals must be promptly informed of the charges against them and their right to remain silent. Within 48 hours, they are brought before the competent Public Prosecution for further proceedings. Within another 48 hours, they must appear before a judge who decides on their release or detention pending trial.

Arrest under Civil Procedure

Arrest in civil cases is governed by Federal Decree-Law No. 42/2022 of Civil Procedure. If a misdemeanour occurs during trial sessions, such as aggression against the court panel or false testimony, the court can order the arrest of the perpetrator. The arrested individual is then referred to the Public Prosecution to initiate legal actions against them.

Individuals have the right to file a grievance against the decision to issue an arrest warrant or the refusal to issue one. The grievance must be filed within seven days of the decision or notification date. The judge responsible for reviewing the grievance issues a decision to cancel or modify the contested decision.

Detention under Criminal Procedure

Detention for questioning is a temporary measure used to gather evidence related to specific incidents or investigations. In the UAE, individuals can be detained for up to 72 hours initially, which includes 24 hours for initial suspicion and 48 hours before meeting with the prosecution.

This period is extendable based on the necessity of ongoing investigations. Under Federal Decree-Law No. 38/2022, personal freedoms are protected, and no individual can be subjected to arrest, inspection, detention, imprisonment, prevention from travelling, or electronic monitoring unless specified by law.

Detention under remand can be ordered if there is sufficient evidence and the offence committed is a felony or a misdemeanour punishable by penalties other than a fine. The initial detention period under remand is seven days, with the possibility of renewal for up to 14 days.

The Public Prosecution supervises penal institutions and places of detention under remand. If extending detention beyond specified periods is deemed necessary for the investigation, the Public Prosecution must present the lawsuit file to a judge of the competent Criminal Court.

The judge examines the case, including the defendant's statements, and decides whether to extend detention for a maximum of 30 days, with the possibility of renewal.

Criminal Cases Lapse

Criminal cases in the UAE lapse under specific conditions: felonies punishable by death sentences lapse after 20 years, other felonies after 10 years, misdemeanours after 3 years, and violations after 1 year, unless there is a legal provision for an extension due to ongoing proceedings.

Judicial Officers and Evidence Collection

Judicial officers from various government departments, including police, public prosecution and criminal courts, are authorised to inspect crimes and gather evidence.

Additional persons authorised for evidence gathering under Article 32 of the Criminal Procedures Law include officers of the armed forces, border police, coastguards, immigration officers, inspectors from municipalities and the Ministry of Health and Prevention.

Role of Police and Public Prosecution

The police play a crucial role in maintaining public safety, recording statements from complainants and witnesses, arresting suspects, conducting investigations and executing orders from the Public Prosecution to aid investigations.

Criminal proceedings in the UAE typically begin with filing a complaint at the local police station where the offence occurred. The police may take statements from all involved parties and refer the matter to the prosecutor's office within 48 hours of the complaint being filed.

The Public Prosecution is responsible for questioning the accused within 24 hours and deciding on their arrest or release as per Article 47 of the law.

Understanding these procedures is essential for navigating the UAE legal system, ensuring fair treatment and protecting individual rights under the law. Whether in criminal or civil contexts, adherence to these procedures safeguards against arbitrary detention or arrest, promoting a just legal process. 

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Freelancing in Dubai: How to Obtain Licences, Visas and Comply with New Tax Laws?

Dubai, with its vibrant economy and entrepreneurial spirit, is an attractive destination for freelancers looking to start their own business.

If you're considering transitioning to freelancing in Dubai, understanding the process of obtaining a freelance license, visa, and navigating the tax obligations is crucial. This article will guide you through the steps to get started and ensure you stay compliant with the UAE's tax laws.

To understand the legal framework, consider the provisions of Article 8 on the Implementing Regulation of Federal Decree-Law No. 33/2021 Regarding the Regulation of Employment Relationships. This law recognises self-employment or freelancing as an independent and flexible work system where a natural person generates direct income by providing services for a specified period or task, without being considered an employee of the individuals or establishments receiving the services.

How to Get a Freelance License and Visa in Dubai Mainland

Before diving into freelancing, you'll need to obtain the necessary licenses and visas to operate legally in Dubai. In accordance with UAE Labour Law, a freelance permit allows individuals to engage in self-employment independently without sponsorship from a specific employer. Here’s a step-by-step guide to help you through the process:

Obtaining a Freelance License

1. Choose Your Activity: Identify the specific activity you wish to freelance in, such as content creation, photography, consultancy, or journalism. This will determine the type of license you need.

2. Submit Your Application: You can apply for a freelance license through the Department of Economic Development (DED) in Dubai. The application process typically involves submitting your passport copy, resume, and recent photograph. Some activities may require proof of work experience or qualifications.

3. Pay the Fees: The cost of a freelance license varies depending on the nature of your activity. The fees for a freelance license in Dubai mainland generally range from AED 7,500 to AED 15,000 annually.

4. Receive Your License: Once your application is approved and the fees are paid, you will receive your freelance license, allowing you to operate legally as a freelancer in Dubai mainland.

Obtaining a Freelance Visa

1. Visa Application: With your freelance license, you can apply for a residency visa through the General Directorate of Residency and Foreigners Affairs (GDRFA). The application process involves submitting your passport, medical fitness test results, Emirates ID application, and passport-sized photos.

2. Medical Fitness Test: Undergo a medical fitness test at an approved center. This includes a blood test and chest X-ray.

3. Emirates ID: Apply for your Emirates ID, which is a mandatory identification card for all residents in the UAE.

4. Visa Stamping: After completing the medical test and Emirates ID application, your visa will be stamped in your passport, granting you legal residency in Dubai.

Transitioning from Employment to Freelancing

If you are currently employed by an existing company in Dubai and wish to pursue freelancing, here are the steps you should follow:

1. Check Employment Contract: Review your current employment contract for any clauses related to freelancing or secondary employment. Some contracts may restrict you from engaging in other work without your employer's consent.

2. Obtain NOC from Employer: If your employment contract allows, request a No Objection Certificate (NOC) from your employer. This document states that your employer has no objections to you starting freelance work.

3. Apply for Freelance License: With the NOC, proceed with the application process for a freelance license as described above. Ensure you meet all requirements and submit the necessary documents.

5. Legal and Tax Compliance: Be mindful of your tax obligations as a freelancer, including corporate tax and VAT compliance. Maintain accurate records of your freelance income and expenses separately from your employment income.

Taxation for Freelancers: Corporate Tax and VAT

Once you're set up with your freelance license and visa, it's essential to understand your tax obligations in the UAE. While the UAE is known for its tax-friendly environment, freelancers must comply with corporate tax and Value-Added Tax (VAT) regulations.

Value-Added Tax (VAT) for Freelancers

VAT is a consumption tax introduced in the UAE on January 1, 2018, and applies to most goods and services.

1. VAT Registration Threshold: Freelancers must register for VAT if their annual income from services exceeds AED 375,000. However, you can voluntarily register for VAT at any point, even if your income is below the specified threshold.

2. VAT Compliance: Registered freelancers must issue VAT-compliant invoices, file periodic VAT returns with the FTA, and maintain accurate records of all VAT transactions. The standard VAT rate is 5%.

3. Zero-Rated and Exempt Services: Certain services are zero-rated or exempt from VAT, including exports of services, international consulting, and specific education and healthcare services. Freelancers providing these services must still register for VAT if their income exceeds the registration threshold but will not charge VAT on these services.

Corporate Tax for Freelancers

As of June 1, 2023, the UAE has introduced a federal corporate tax regime, impacting freelancers who earn taxable profits.

1. Corporate Tax Rate: The standard corporate tax rate is set at 9% for businesses, including freelancers, whose annual taxable profits exceed AED 375,000. However, It is mandatory to register for corporate tax regardless of your income level.

2. Taxable Threshold: If your annual income as a freelancer is below AED 375,000, you are exempt from corporate tax. However, if you exceed this threshold, you must register with the Federal Tax Authority (FTA), file tax returns, and pay the applicable taxes.

3. Tax Compliance: Freelancers must keep accurate records of their income and allowable deductions to ensure proper tax filings.

Navigating Tax Compliance

To ensure you remain compliant with corporate tax and VAT regulations, consider the following steps:

1. Seek Professional Advice: Engage a tax advisor or accountant to help you navigate the complexities of the UAE tax system.

2. Monitor Income: Regularly track your income to determine your corporate tax obligations and plan for timely payments.

3. Maintain Accurate Records: Keep detailed financial records to support your tax filings and facilitate audits if required.

4. Stay Updated: Stay informed about changes in tax laws and regulations to adapt your business practices accordingly.

Conclusion

Starting a freelancing career in Dubai mainland offers numerous opportunities, but it comes with responsibilities, including compliance with corporate tax and VAT regulations. By obtaining the appropriate licenses, understanding your tax obligations, and seeking professional advice, you can successfully navigate the tax landscape and thrive as a freelancer in the UAE's dynamic economy.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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How to Transfer Black Points to Your Licence When Driving Someone Else's Car?

If you've received a traffic fine while driving someone else's car in the UAE, transferring the associated black points to your own licence is critical.

Black points are tied to the driving licence, not the vehicle, meaning they get registered on the licence associated with the car's Traffic Code (TC) number. Here's how you can manage this process.

Understanding Black Points

Black points are penalties for severe traffic violations. While minor infractions result in monetary fines, more dangerous behaviours can accrue black points. Drivers can accumulate up to 24 black points before their case is referred to the courts, potentially leading to licence suspension or confiscation.

Traffic Code Number (TC No.)

A Traffic Code number is linked to your driving licence and any vehicles registered under your name. It remains consistent across all vehicles registered to you.

Transferring Black Points

Traffic authorities in the UAE allow for the transfer of black points through online services or at police station traffic departments.

Here's a Step-By-Step Guide for Each Emirate:

Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah, Fujairah

  • Download the 'MOI UAE' app (available on Apple and Android).
  • Log in using UAE Pass.
  • Navigate to ‘Traffic Services’ and select ‘Register Black Points’.
  • Choose to search for black points using the owner's TC number or plate number.
  • Enter the details and click ‘Search’.
  • Select the violation to transfer points.
  • Enter the OTP sent to your registered mobile number.
  • Enter your TC number and confirm the transfer.


Abu Dhabi

  • Download the 'Tamm' app and log in with UAE Pass.
  • Go to ‘services’ and select ‘Abu Dhabi Police’.
  • Search for ‘transfer black points’ and select ‘Request to transfer black points to the driving licence’.
  • Select ‘I wish to claim black points on behalf of others’.
  • Enter the owner's TC number and search.
  • Complete the process to transfer the points to your licence.

Dubai

  • Visit either Deira or Al Barsha police station.
  • Bring your Emirates ID and the car owner’s TC number.
  • Submit the details to transfer the black points to your TC number.
  • Checking Black Points

To monitor black points on your licence:

Dubai: Use the 'Dubai Police' app or call 901.
Abu Dhabi: Use the 'Tamm' app.
Other Emirates: Use the 'MOI UAE' app.

Reducing Black Points

You can reduce black points by attending a traffic training course offered by the police in Dubai or Abu Dhabi. These courses can remove up to eight points from your record.

Preventing Black Points

Adhere to Traffic Regulations: Follow speed limits, traffic signals, and avoid reckless driving.
Defensive Driving Courses: These courses can improve your driving skills and reduce the risk of violations.
Vehicle Maintenance: Regular checks on your vehicle's essential components can prevent accidents.
Keep Documentation Updated: Ensure your driving licence and vehicle registration are current to avoid penalties.

Highest Black Point Violations

Transporting passengers without permission: 24 points, Dh3,000 fine.
Carrying hazardous materials without permission: 24 points, Dh3,000 fine.
Causing serious accidents or injuries: 23 points, fine decided by the court.
Driving under the influence of alcohol: 23 points, fine decided by the court.
By following these guidelines, you can manage black points effectively and maintain a clean driving record in the UAE.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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How Can a Company Partner Be Removed in UAE? What Are the Legal Grounds And Processes?

In the United Arab Emirates, the removal of a partner from a company is governed by specific legal provisions. This process, while feasible, is not straightforward and requires adherence to particular conditions outlined in the law.

Legal Grounds for Removal Under Article 677

According to Article 677 of the Civil Transactions Law, the removal of a partner can be initiated by the majority of the partners. They may apply to the court for the exclusion of any partner if their request is based on serious grounds that justify such exclusion. This indicates that the reason for removal must be substantial.

A partner also has the right to request retirement from the partnership if the duration of the partnership is fixed. In such cases, the partner must provide adequate reasons for their request to the court, which then has the authority to authorise the retirement.

Judicial Precedents and Higher Court Decisions

The Higher Court of Dubai, in its decision No. 260/2011 of Civil Cassation, has reinforced the difficulty of removing a partner from a limited liability company.

The court ruled that as long as the company remains in existence and the partner maintains their shares, it is not permissible to remove the partner because their relationship with the company and the other partners is not based on personal considerations.

Furthermore, the court noted that a company is not harmed by a partner simply because they own shares in it. The partner's liability arises only if they are involved in the company's management and cause damage in that capacity.

Hence, the decision to remove a partner rests entirely on the discretion of the trial court and is contingent upon the presentation of serious and justifiable reasons.

Entitlement to Salaries for Partner-Directors

Regarding the financial entitlements of a partner who is also a director, the conditions for claiming salary allowances depend on the company's Memorandum of Association (MoA) and any separate labour contracts.

If the salaries are stipulated in the MoA, the partner-director is entitled to claim these salaries for a period of two years through the civil courts.

However, if the salaries are agreed upon in a separate labour contract, the partner-director can claim the salaries for the last year only, and this claim must be pursued in the labour courts.

Removing a partner from a company in the UAE involves navigating complex legal provisions and judicial precedents. Article 677 of the Civil Transactions Law provides a framework, but the process requires substantial justification and is subject to the discretion of the court.

Additionally, the financial claims of partner-directors depend on specific agreements within the company's founding documents or separate contracts.

Understanding these nuances is crucial for partners and directors in managing their legal and financial rights within the corporate structure of the UAE. 

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Are You a Victim of Sexual Harassment in the Workplace? Here are Your Legal Remedies

 

Sexual harassment is a violation of dignity, an abuse of power and intolerable. In recent years, workplace sexual harassment has become a growing concern globally, and the UAE is no exception.

With its diverse workforce and rapidly modernising corporate landscape, understanding the legal framework surrounding workplace sexual harassment in the UAE is crucial for both employees and employers.

Legal Framework and Protections

The UAE has taken significant steps to address workplace sexual harassment through its legal system. Federal Law No. 3 of 1987 (the UAE Penal Code) and Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (the New Labour Law), effective as of 2nd February 2022, provide the foundation for addressing such issues.

Key Legal Provisions

UAE Penal Code: The Penal Code criminalises acts of sexual harassment and imposes severe penalties on offenders, including imprisonment and fines.

New Labour Law: This law explicitly prohibits workplace harassment and outlines the rights and protections for employees. It mandates employers to maintain a safe and respectful working environment and stipulates penalties for non-compliance.

Legal Questions and Remedies

To provide clarity on the legal remedies available for victims of workplace sexual harassment, TLR spoke with legal experts about the questions most commonly asked by victims.

Q1: What constitutes sexual harassment under UAE law?

A1: Sexual harassment is broadly defined under UAE law to include any unwelcome behaviour of a sexual nature that creates a hostile, intimidating, or offensive work environment. This can include physical acts, verbal comments, or non-verbal actions such as inappropriate gestures or displays of explicit materials.

Q2:What should I do if I experience sexual harassment at work?

A2: If you experience sexual harassment, it is important to:
• Document the incidents meticulously, including dates, times and details of the harassment.
• Report the harassment to your employer, HR department, or a trusted manager. The New Labour Law requires employers to take such complaints seriously and act promptly.
• Seek legal advice to understand your rights and the steps to take. Contacting a lawyer early can help guide you through the process and ensure your case is handled properly.

Q3: Can I report sexual harassment anonymously?

A3: While some companies may offer anonymous reporting options, UAE law generally requires a formal complaint to initiate legal proceedings. Employers are encouraged to create safe reporting mechanisms that protect the identity of complainants to the extent possible.

Q4:What are my legal rights if I am a victim of workplace sexual harassment?

A4: As a victim, you have the right to:
• A harassment-free workplace.
• Report the harassment without fear of retaliation.
• Seek compensation for damages suffered due to the harassment.
• Terminate your employment if the harassment persists and your employer fails to address the situation adequately.

Q5:What remedies are available through the UAE legal system?

A5: Victims can seek several remedies, including:
• Filing a Complaint with the Ministry of Human Resources and Emiratisation (MoHRE): This initiates an investigation into the complaint.
• Civil Lawsuit for Compensation: Victims can pursue a civil case to seek monetary compensation for emotional distress and other damages.
• Criminal Proceedings: If the harassment constitutes a criminal act, victims can file a police report, leading to potential criminal charges against the harasser.

Q6:Can I be terminated for reporting sexual harassment?

A6: The New Labour Law explicitly prohibits retaliation against employees for reporting harassment. If an employer terminates an employee for such reasons, the termination could be deemed unfair or unlawful, potentially leading to legal consequences for the employer.

Q7:How can employers prevent workplace sexual harassment?

A7: Employers are encouraged to:
• Develop and enforce comprehensive anti-harassment policies.
• Provide regular training on recognising and preventing harassment.
• Establish clear procedures for reporting and addressing complaints.
• Foster a culture of respect and inclusion in the workplace.

Moving Forward

Addressing workplace sexual harassment requires a collective effort from employees, employers and the legal system. The UAE's evolving legal framework aims to create a safer and more respectful work environment for everyone.

By understanding their rights and the legal remedies available, victims can take decisive action to protect themselves and seek justice.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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UAE's New Abortion Rules Offer Relief to Women with High-Risk Pregnancies

The UAE’s Ministry of Health and Prevention (Mohap) has introduced new procedures and controls for cases where abortion is permitted, offering significant relief to women with high-risk pregnancies.

Medical professionals have warmly welcomed this move, noting that it will make it easier for pregnant women to access critical healthcare services within the country. Previously, some women had to travel abroad for safe abortion services. This amendment ensures such care is now available locally, providing a safer and more supportive environment for women’s health.

The new rules prioritise the preservation of women’s lives and their safety. The policy takes into account all aspects such as safety, religious and cultural beliefs of the country. It will surely be a lifesaver for our mothers. It will also be a great relief for couples dealing with the devastating news of having an anomalous baby or facing risks to the mother’s life due to pregnancy.

The recent amendment to the UAE abortion law aims to reduce the physical and mental impact on mothers. It significantly lowers the risk associated with unsupervised procedures carried out away from authorised personnel.

Many women approach medical professionals to discuss their available legal options to terminate unwanted pregnancies, whether for medical or mental reasons. The amendments ensure these procedures are conducted under a legally authorised and supervised framework, guaranteeing the safety of the women involved.

Legal Stipulations

A dedicated committee, formed by Mohap or the head of an emirate’s health authority, will make decisions on abortion requests. This committee will include three specialists: an obstetrics and gynaecology specialist, a psychiatry specialist and a representative from the Public Prosecution. Additionally, the committee may consult a third party with appropriate expertise when necessary.

Permissible Circumstances for Abortion

Mohap has clearly stated that abortion is permissible if continuing the pregnancy endangers the woman’s life, if there is no alternative to save her life, or if severe foetal deformation is proven and will affect the newborn’s health and life. These cases must be supported by a medical report from a specialised medical committee. Other cases are also permitted, provided the gestational period does not exceed 120 days.

Authorised Facilities and Procedures

Abortions must be performed only in authorised healthcare facilities by licensed obstetrician-gynaecologists. The procedure must be free of medical complications that could put the woman’s life at high risk. Healthcare facilities are required to detail the rights and responsibilities of the pregnant woman, explain necessary healthcare requirements before and after the procedure, and maintain the privacy and confidentiality of personal data.

Responsibilities of Healthcare Facilities

Healthcare facilities must ensure the rights and privacy of women undergoing abortions. They are also responsible for monitoring and supervising their activities and ensuring compliance with regulations. Earlier this year, a UAE law was amended to ease consent rules, making it easier for medical professionals to carry out the procedure if the mother's life is in grave danger. Consent is not a condition in emergency cases requiring immediate surgical intervention.

Notable Changes in the Law

The amendments to the law have updated previous provisions, asserting that only the consent of the pregnant woman, and not her husband, is required to commence an abortion. In emergency cases requiring immediate surgical intervention, consent is not a condition. Medical professionals are allowed to carry out abortions in two primary scenarios:

  •  If the continuation of the pregnancy endangers the pregnant woman's life.
  •  If foetal deformation is proven.

In both cases, multiple conditions apply according to the law. This is a notable change as the law now imposes a hierarchy for consent, in which the pregnant woman’s consent takes priority.

This development champions the autonomy of women and increases the availability of abortion operations to women that fulfil the criteria needed by the law. The amendment also removes the restriction limiting the availability of abortion to 120 days of gestation if the pregnancy poses a risk to the mother’s life.

Additionally, the law has granted the cabinet the power to issue resolutions determining other cases of permitted abortion, which is a promising inclusion. These amendments exemplify the UAE's commitment to staying up-to-date and being open to foreigners and their diverse cultures.

The medical liability law emphasises the duties practitioners must uphold to protect the dignity and sanctity of life as well as the autonomy of patients. It requires doctors to use relevant technologies for proper diagnosis, ensure confidentiality and obtain informed consent.

Both the law and its amendments recognise scenarios that necessitate abortion operations. Abortion is allowed when the pregnant woman’s life is endangered to the extent that it is the only viable option to save her life. It may also be done if the foetus is “seriously and incurably deformed.”

Abortions performed under any other scenario, even with parental consent, are punishable by imprisonment for up to four years. If an abortion leads to the death of the victim, the medical professional may be jailed for up to ten years.

These changes are particularly relevant given recent updates in UAE law, such as allowing single mothers to give birth in the country. Under the previous law, a single mother with a medical complication requiring an abortion would have needed consent from her next male relatives. Now, only the woman’s consent is required, making an already emotionally difficult procedure slightly easier without the need for additional consent forms.

The UAE has amended its abortion laws to streamline the consent process and prioritise the health and well-being of pregnant women. Now, only the woman's consent is required, and immediate intervention is allowed in emergencies without prior consent.

These changes ensure safer and more accessible abortion services within the country.  

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Warrant Issued for Missing BlueChip Owner Over Unpaid Court-Ordered Dh10 Million

An arrest warrant has been issued for Ravinder Nath Soni, owner of BlueChip, after he failed to pay Dh10.05 million within the one-week deadline set by the Dubai Court of First Instance.

Last week, the court ordered Soni to settle the amount with a cheque execution applicant or deposit it into the court treasury by June 3. The court's warning of impending legal action has now resulted in the issuance of the arrest warrant.

Originally from Delhi, India, Ravinder Nath Soni has been a central figure in an extensive investigation concerning the alleged misappropriation of millions of investors' funds.
Operating from the Al Jawhara Building in Bur Dubai, the
BlueChip group ran multiple investment companies. It gained significant attention after an endorsement by Bollywood actor Sonu Sood. Under Ravinder Nath Soni's ownership, the group claimed a $70-million portfolio and served over 700 clients, mostly UAE residents.

They promised investors three per cent monthly returns on a minimum investment of $10,000, secured for 18 months. However, this offer unravelled in March this year when payouts stopped without warning, leaving investors with bounced cheques and unanswered questions.

The full extent of losses incurred by BlueChip investors remains undetermined, though company insiders suggest the amount could exceed $100 million. Investigations reveal that Soni was involved in multiple fraudulent enterprises.

He faces charges of fraud, forgery, breach of trust, and criminal intimidation in India. Court and police records show that Soni was arrested in India in 2022 for running a fraudulent investment scheme that promised to double investors' money.

He was released on bail by a court in Aligarh, Uttar Pradesh, along with a co-accused. Another police complaint, dating back to 2019 in Panipat, Haryana, accuses Soni of deceiving an investor and threatening him with death when he demanded his money back.

Prior investigations uncovered Soni's role as a manager at Dubai-based Acme Management Consultancy and its sister concern, Acme Global General Trading, between 2018 and 2020.

These firms, which operated from the same premises as BlueChip in the Al Jawhara Building, Bur Dubai, engaged in similar schemes, allegedly soliciting millions of dirhams for forex trading, resulting in substantial losses for investors.

Among those affected was Priti Rakesh Phillips, a Dubai resident, along with her family and friends, who suffered losses totalling over Dh39 million, court records show.
Last year, a Dubai court ordered Soni to pay Dh2.05 million to another investor.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Are You Entitled to Gratuity If You Have Not Worked Continuously With a Firm?

UAE residents often wonder: Is gratuity paid even with breaks in service? This article addresses this common concern, explaining how unpaid leaves affect your gratuity and how your tenure is calculated in such situations.

Gratuity: A Right with a Requirement

Under UAE law, most foreign employees in the private sector are entitled to gratuity, also known as severance pay. This is a mandatory benefit, regardless of your profession. However, to qualify, you must complete at least one year of continuous service with your employer.

Calculating Your Gratuity: It's All About Continuous Days

The amount of gratuity you receive is based on your last basic salary, excluding allowances. The calculation considers the total number of days you've worked continuously for the company. Here's the key point: unpaid leave periods don't count towards your continuous service.

So, You've Been on Unpaid Leave: What Now?

Let's say you're about to leave your job after five years, but those years haven't been entirely continuous due to unpaid leaves. You wonder, "how will my gratuity be calculated?"

The law is clear: unpaid leaves generally don't contribute to your continuous service. This means only the days you actively worked will be considered when calculating your gratuity.

Important Exception: Continuous Service During Unpaid Leave

There can be some exceptions. If you've been on your employer's work visa throughout your entire employment period, even with unpaid leaves, it might still be considered continuous service in certain situations. However, to be certain, it's highly recommended to seek confirmation from the UAE Ministry of Labour.

Who Might Miss Out on Gratuity?

There are a few scenarios where employees may not be eligible for gratuity, regardless of continuous service:

  • Resigning without giving proper notice (although some companies may offer gratuity at their discretion).
  • Working under an unlimited contract for less than one year.
  • Resigning before the contract ends if you're on a limited contract.
  • Having unauthorised absences exceeding the legal limits.
  • Being terminated for specific reasons outlined in Article 120 of the UAE Labour Law.

Remember:

  • Your gratuity is calculated by multiplying your basic salary by your total continuous service days.
  • Unpaid leaves generally don't contribute to your continuous service.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Lawyer-Client Relationship: Beyond Legality, Mutual Trust, Understanding are Backbone

When it comes to navigating the complex world of law, the relationship between a lawyer and the client is critical. It's more than just legal advice and courtrooms -- it's about trust, communication and a mutual understanding that ensures the best possible outcomes.

Trust and Confidentiality

Trust is the foundation of any strong lawyer-client relationship. Imagine sharing your deepest secrets, your financials, or even your fears, and expecting them to be safeguarded. That's precisely what happens when you confide in your lawyer.

"Confidentiality is the bedrock of our profession," says Ayushi Tripathi, Legal Associate at Dubai-based NYK Law Firm. Without it, the trust that is so essential to the lawyer-client relationship would be undermined," said Ayushi.

Communication

Think of your lawyer as your guide through the legal jungle. Clear and consistent communication ensures you’re never lost. Your lawyer needs to keep you updated, explain your options, and provide straightforward advice.

Competence and Diligence

You want a lawyer who knows the stuff and is dedicated to your case. Competence means having the right knowledge and skills, while diligence means being thorough and proactive. "At NYK, we pride ourselves on our expertise and commitment to our clients' cases, and diligence is not just a duty, it's a promise we make to every client,” says Ayushi.

Conflict of Interest

Avoiding conflicts of interest is crucial. Your lawyer should never have divided loyalties. They need to be fully committed to your cause without any competing interests. "Identifying and managing conflicts of interest is essential to uphold the ethical standards of our profession," she explains.

Empathy and Understanding

Legal issues often come with a heavy emotional load. Your lawyer should see you as more than just a case – he/she should empathise with your situation and understand the emotional and human aspects involved. "We strive to see beyond the legal issues and understand the human aspect of each case. Empathy allows us to connect with our clients and advocate for them more effectively,” she adds.

Transparency in Fees and Billing

Nobody likes surprises when it comes to billing. Transparency about fees helps build trust and ensures you know exactly what to expect.
"Open discussions about fees and billing are essential to prevent misunderstandings and ensure that clients feel respected and valued," she notes.

Professionalism and Ethical Conduct

Professionalism and ethics are non-negotiable. Your lawyer should act with integrity, honesty, and respect at all times. "Maintaining high ethical standards is the foundation of our practice. We must uphold the law while providing exceptional service to our clients,” emphasises Ayushi.

The lawyer-client relationship is a blend of trust, clear communication, expertise, empathy, transparency and unwavering professionalism. It’s about building a partnership that ensures your legal journey is as smooth as possible. It's clear that prioritising these elements helps both lawyers and clients work together effectively, navigating the legal landscape with confidence and clarity.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Banks and Financial Entities in UAE Cannot Seize Properties Without Obtaining Court Order

A recent incident has come to light where a bank has been accused of illegally seizing a property over disputed dues. This development has raised significant concerns regarding the legal rights of property owners and the bounds of bank authority in the UAE.

In this article, we delve into the specifics of the case at hand and discuss its implications for property owners and borrowers in the region. A UAE resident found himself embroiled in a legal dispute with his bank after they allegedly seized his property without following the appropriate legal procedures.

The individual had been involved in a disagreement with the bank over outstanding debts. However, rather than resolving the matter through the judicial system, the bank took unilateral action to confiscate the property.

In the UAE, the legal process for property seizure is well-defined and must be strictly adhered to by financial institutions. According to UAE law, banks and other financial entities cannot seize properties without obtaining a court order.

The process typically involves:

Notification of Default: The borrower must be formally notified of the default on loan payments.
Court Proceedings: If the borrower fails to settle the dues, the bank must file a case in court to seek permission for property seizure.
Court Order: Only after obtaining a court order can the bank proceed with the seizure of the property.

In this case, it appears that the bank did not follow these crucial steps, leading to allegations of illegal seizure.
Property owners in the UAE are entitled to specific rights that safeguard them from unlawful actions by financial institutions. These rights include:

Right to Due Process: Property owners are entitled to a fair legal process before any seizure can occur.
Right to Dispute: Owners have the right to dispute claims and present their case in court.
Right to Compensation: If a property is illegally seized, the owner can seek compensation for damages incurred.

The implications of this case are far-reaching. It highlights the importance of adhering to legal procedures and respecting the rights of borrowers. For banks, it serves as a reminder of the legal boundaries within which they must operate. For property owners, it underscores the necessity of understanding and asserting their legal rights.

If you find yourself in a situation where a bank is threatening to seize your property without following due process, here are some steps you can take:

*Consult with a legal expert to understand your rights and the appropriate course of action.
* Keep records of all communications and transactions with the bank.
* Report the matter to relevant authorities if you believe your rights are being violated.
* If necessary, take legal action to protect your property and seek compensation for any illegal actions.

In conclusion, the aforementioned incident highlights the critical role that legal due process plays in protecting the rights of property owners. Both financial institutions and individuals must respect these rights and ensure compliance with the relevant laws and regulations.

Should you find yourself involved in a similar dispute, it is highly recommended that you seek the guidance of a qualified legal professional.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Concerned About Job Loss? UAE Law Offers Protection to Secure Your Employment

Unexpected job loss can be a stressful experience. However, the UAE Labour Law offers provisions to ease the transition and assist you in securing new employment. Let's explore the key benefits available under Federal Decree-Law No. 33 of 2021:

Notice Period or Compensation:  Both the employer and employee are obligated to provide written notice (30 to 90 days) before terminating the employment contract (Article 43). If your employment is terminated, you are entitled to receive your full salary during this notice period, unless mutually waived.
Interview Time Off: During your notice period, you are entitled to take one unpaid day off per week to attend job interviews.  Simply inform your employer three days in advance (not covered under Article 43).
End-of-Service Dues and Work Permit:Your employer cannot cancel your work permit until you receive all your outstanding dues (salary, gratuity, etc.) within 14 days of termination. You have the right to file a labour complaint if your gratuity payment is delayed.
Involuntary Loss of Employment (ILOE) Support: If you have been subscribed to the ILOE scheme for a minimum of twelve consecutive months, you are eligible to receive 60 per cent of your basic salary for three months after job loss.  Ensure you file your claim within one month of termination.
Experience Certificate: You are legally entitled to an experience certificate from your previous employer. This stamped document issued by the Ministry of Human Resources and Emiratisation (MoHRE) details your job title, salary, and years of service. You can obtain it instantly through the MoHRE app if not provided by your employer.

Obtaining Your Experience Certificate Through the MOHRE App

Download and Installation: The MoHRE app is available for free download on the Apple App Store and Google Play Store. Install the application on your smartphone.
Account Creation:  Launch the MoHRE app and select "Sign Up." Choose the "Employee" option and register using your Emirates ID number, passport number, or labour card number.
Service Location:  Once logged in, navigate to the services section.  This may be labelled "Show All" or a similar option. Locate and select "Employment History Certificate" from the list of services.
Request and Download:  Follow the on-screen instructions after selecting "Employment History Certificate."  Your official and stamped experience certificate will be generated immediately. You can then choose to save it to your phone or send it directly to someone's email address.
Visa Grace Period:  Following work permit cancellation, you are granted a grace period (approximately one month) to regularise your immigration status. This allows you the opportunity to apply for a new visa if you intend to remain in the UAE (e.g., through a new employer).
Repatriation Ticket:  If you are departing the UAE, your employer is responsible for covering the cost of your repatriation ticket back to your point of hire or a mutually agreed-upon location. This excludes situations where you find a new job in the UAE or were terminated for misconduct (Article 13(12)).

The UAE law offers significant protections for employees, covering various essential aspects. If you want to explore more about these protections, you can check out this link.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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RERA Rental Index Fails to Halt Evictions as Landlords Cut Deals with Tenants

Despite the introduction of the new RERA Rental Index in Dubai two months ago, tenants continue to receive eviction notices from landlords eager to renegotiate rents.

Although tenants have a 12-month grace period before eviction, some landlords are offering sweeteners to hasten the process. These incentives include covering a portion of the increased rent tenants would pay in a new property, demonstrating a tactic-based method to circumvent the regulatory changes and maximise rental yields.

In Dubai, landlords are offering generous incentives to hasten evictions, with some paying over 50 per cent of the increased rent on a new property in the same area. The landlords are occupying the apartment personally and don’t want to wait the full 12 months. While such generous offers are exceptions, they still represent significant savings for landlords eager to regain access to their properties.

Eviction notices remain common, driven by factors such as property sales or personal use, not because of a decrease in demand for rentals. These notices are often tied to sale prices or landlords finding it more affordable to occupy their properties.

Contrary to expectations, the updated RERA Rental Index has not led to a significant decrease in eviction notices. Initially, it was thought that landlords would have less incentive to issue eviction notices, as they could now adjust rents to match market rates. However, the current trend suggests otherwise. Landlords are either increasing rents or issuing eviction notices, indicating that the new index has not reduced the number of evictions.

The data suggests that landlords are prioritising their interests, either by maximising rental income or regaining control of their properties. According to Dubai's regulations, landlords are required to provide 12-month eviction notices in specific circumstances: when they intend to occupy the property themselves, sell it, or undertake major renovations.

Notably, despite the introduction of the new rent index, there has been no significant surge in landlords seeking valuations from the Dubai Rental Disputes Centre to resolve disputes related to rent increases. This suggests that landlords are not actively utilising formal channels to address rent-related issues, instead opting for alternative approaches, such as negotiating with tenants or issuing eviction notices.

Landlords seeking to adjust rents must now follow a specific process. First, they must apply to open a rental adjustment case, and if the judge rules in their favour, they can then request a rental valuation.

This valuation will assess the rent based on the current market value in that area. However, it's important to note that the tenancy laws still apply, governing the maximum amount by which landlords can increase rents. This process ensures that rent adjustments are fair and aligned with market rates, while also protecting tenants from excessive increases.

Landlords who obtain a new valuation certificate must adhere to the following rent increase guidelines:

  • 0-11% below market value: No rent increase allowed
  •  11-20% below market value: Maximum 5% rent increase
  •  21-30% below market value: Maximum 10% rent increase
  •  31-40% below market value: Maximum 15% rent increase
  • 41% below market value: Maximum 20% rent increase

The landlords must operate within these predetermined ranges, even if the valuation suggests potentially higher rents. The regulations ensure that rent adjustments are fair and controlled, preventing excessive increases.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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MoHRE Helps Settle End- of-Service Benefits Disputes Through Mediation or Court

For expatriates leaving the United Arab Emirates, understanding how to collect end-of-service benefits is crucial. These benefits, a mandatory part of employment contracts, are designed to provide financial security to employees after their tenure in the country. Here’s a comprehensive guide on how to navigate the process effectively.

Understanding End-of-Service Benefits

End-of-service benefits, commonly known as gratuity, are stipulated by the UAE Labour Law. The amount an employee receives depends on their length of service and the nature of their termination. Typically, an employee who has completed at least one year of continuous service is eligible for these benefits.

Steps to Collect End-of-Service Benefits

Resignation or Termination: The process begins with either resignation or termination. Employees should provide proper notice as stipulated in their contract to avoid any legal complications.
Final Settlement: Upon resignation or termination, the employer is required to prepare a final settlement which includes the end-of-service benefits. This settlement should be provided within 14 days of the employee’s last working day.
Calculating Gratuity: The gratuity is calculated based on the employee's last drawn basic salary, excluding allowances and bonuses. The formula typically used is:

  • 21 days of basic salary for each of the first five years of service.
  •  30 days of basic salary for each additional year after five years.

Documentation: Employees must ensure all documentation is in order. This includes a copy of the labour contract, proof of salary and records of service duration. It is advisable to keep copies of resignation letters or termination notices.
Clearing Dues: Before leaving the UAE, employees should ensure all financial dues are cleared, including any outstanding loans or credit card bills. Employers might withhold the end-of-service benefits if there are any unresolved dues.
Exit Formalities: Completing exit formalities is crucial. This includes cancelling the work visa, returning company property, and obtaining a clearance certificate from the employer.
Legal Recourse: If there is a dispute over the end-of-service benefits, employees can approach the Ministry of Human Resources and Emiratisation (MoHRE) for resolution. The MoHRE provides mediation services and can facilitate legal action if necessary.

Key Considerations

Partial Benefits: Employees who resign before completing five years of service might receive partial benefits, calculated on a pro-rata basis.
Unlimited vs. Limited Contracts: The type of employment contract affects gratuity calculation. Limited contracts usually provide better terms if terminated before completion.
Gratuity Caps: The gratuity amount is capped at two years’ worth of salary, regardless of the length of service.

Expert Advice

Legal experts advise expatriates to familiarise themselves with the UAE Labour Law and consult with legal professionals if needed. “Understanding your rights and the legal framework can help ensure a smooth transition,” says Mary Rintu Raju NYK Law Firm, a legal consultant based in Dubai.

Conclusion

Collecting end-of-service benefits requires careful planning and adherence to legal procedures. By following the outlined steps and seeking appropriate advice, expatriates can secure their rightful dues and make a smooth transition as they leave the Emirates.

For more detailed information, expatriates are encouraged to visit the MoHRE website or consult with legal professionals specialising in UAE labour law.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Labour Rights: Know Your Notice Period, Termination and New Working Week

It’s important for employees to know their rights regarding notice periods, termination, and the new working week. All legally employed individuals in the UAE have the right to raise their cases with the Ministry of Human Resources and Emiratisation (MoHRE) if their employer violates labour laws. This article outlines employees’ legal liabilities and obligations.

UAE's attractive paychecks are a primary reason for the large expatriate population. Thousands of people come to the UAE every year hoping to advance their careers. Following recent cases of employee rights violations, the UAE government has amended labour laws, effective from February 2, 2022.

Notice Period under Article 43 of the Employment Law

The notice period should not be less than 30 days and not more than 90 days. This means that even if the employment contract does not specify a notice period, the law obligates employers to provide employees a minimum of 30 days' notice.

If mentioned in the contract, the maximum duration of the notice period is 90 days. If the company does not wish for the employee to serve the 30-day notice, it must compensate the employee for the value of that notice period.

When Can Employment Contracts Be Terminated

According to Article 42 of the Federal Decree Law, the employment contract can be terminated in any of the following cases:

  • The written agreement of both parties upon its termination.
  •  Expiry of the term specified in the contract, unless it is extended or renewed as per the provisions hereof.
  •  Based on the wish of either party, provided that the provisions regarding termination of the employment contract and the notice period agreed upon in the contract are observed.
  •  The employer’s death if the subject of the contract is related to its entity.
  •  The worker’s death or full permanent inability to work, as proven by a certificate issued by the medical entity.
  •  A final judgment issued against the worker with a freedom-restricting penalty for a period of not less than three months.
  •  Permanent closure of the establishment, in accordance with the legislation in force in the State.
  •  Bankruptcy or insolvency of the employer, or any economic or exceptional reasons that prevent the continuation of the project, in accordance with the conditions, rules, and procedures specified by the Implementing Regulation and the legislation in force in the State.
  • The worker’s failure to fulfill the conditions for renewing the work permit for reasons beyond the employer’s control.

When Can the Worker Be Dismissed Without Notice

According to Article 44 of the Federal Decree Law, the employer may dismiss the worker without notice after conducting a written investigation, provided the dismissal decision is in writing, justified, and handed to the worker in any of the following cases:

  • The worker impersonated another person or submitted forged certificates or documents.
  • The worker committed a mistake that resulted in gross physical losses to the employer or deliberately damaged the employer’s properties and acknowledged the same, provided the employer informs the ministry of the incident within seven working days from the date of awareness of the incident.
  • The worker violated safety instructions related to the work and workplace, provided they are written, hung in a visible place, and the worker is informed of them.
  • The worker did not perform his basic duties according to the employment contract and continued breaching them despite a written investigation, and was notified and warned of dismissal twice if repeated.
  • The worker disclosed a work secret related to industrial or intellectual property, resulting in losses to the employer, missed opportunities, or personal benefit for the worker.
  • The worker is drunk during working hours, under the influence of narcotics or psychotropic substances, or commits an action breaching public morals at the workplace.
  • The worker assaults the employer, manager in charge, a superior, or colleagues at work by word, action, or any form of assault punishable under the legislation in force in the State.
  • The worker is absent without a legitimate reason or excuse accepted by the employer for more than 20 intermittent days during one year or more than seven consecutive days.
  • The worker exploited his position illegally to obtain personal results and gains.
  • The worker joined another establishment without abiding by the rules and procedures prescribed.

When Can the Worker Quit Work Without Notice

According to Article 45 of the Federal Decree Law, the worker can quit work without notice, while retaining his rights upon end of service in any of the following cases:

  • The employer breaches his obligations towards the worker as stipulated in the contract, this Decree-Law, or the resolutions issued for its implementation, provided the worker notifies the Ministry 14 working days before quitting and the employer does not rectify the breach despite being notified by the Ministry.
  • It is proven that the employer or its legal representative assaulted, committed violence, or harassed the worker at work, provided the worker informs the competent authorities and the Ministry within five working days from the date of the incident.
  • There is a grave danger at the workplace that threatens the worker’s safety or health, provided the employer is aware of it and does not take any actions to remove the danger. The Implementing Regulation specifies the rules of the grave danger.
  • The employer instructs the worker to perform work fundamentally different from the work agreed upon in the employment contract without obtaining the worker’s written consent.

Public Holidays and Worker’s Work During Holidays

  • The worker is entitled to official days off with full pay on public holidays, defined by a resolution of the Cabinet.
  •  If work conditions require the worker to work during public holidays, the employer shall compensate him with another day off for each day worked during the holiday, or pay him the wage for that day according to the wage established for normal working days, plus an increase of not less than 50 per cent of the basic wage for that day.

New Working Week

The UAE federal government has adopted a four and a half-day working week. Hence, employees work eight hours from 7:30 am to 3:30 pm from Monday to Thursday, and from 7:30 am to 12:00 pm on Fridays.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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UAE Steps Up Intellectual Property Protection: Over 1,000 Illegal Websites Blocked

The UAE has taken significant strides in protecting intellectual property rights (IPR) by blocking over 1,000 illegal websites this year for violating cyber laws. These sites, which illegally broadcasted entertainment content owned by various media networks, were primarily blocked during Ramadan, a period marked by high demand for multimedia content.

According to Dr Abdulrahman Hassan Al Muaini, Assistant Undersecretary for the Intellectual Property Rights Sector at the Ministry of Economy (MoE), “since the implementation of the ‘InstaBlock’ initiative during the holy month of Ramadan, we have blocked a total of 1,117 websites that infringed upon intellectual property rights.”

This is a marked increase from 2023, when only 62 sites were blocked, underscoring the UAE's enhanced approach to IPR protection.

Types of Cybercrimes and Penalties in the UAE

Unauthorised Access:  Gaining unauthorised access to computer systems or networks is a serious offense in the UAE. This includes hacking into systems to steal data or disrupt operations. Penalties for unauthorized access can include imprisonment, fines, or both, depending on the severity of the offense.

Hacking: Hacking involves breaking into computer systems or networks without permission, often to steal or manipulate data. In the UAE, hacking is met with severe penalties, including long-term imprisonment and hefty fines, aimed at deterring such malicious activities.

Phishing: Phishing refers to fraudulent attempts to obtain sensitive information such as usernames, passwords, and credit card details by masquerading as a trustworthy entity in electronic communications. Phishing activities are punishable by imprisonment and significant fines, reflecting the serious nature of this cybercrime.

Cyber Fraud: Cyber fraud encompasses various deceptive practices carried out online, including identity theft, online scams and financial fraud. The penalties for cyber fraud in the UAE are stringent, including imprisonment and substantial fines, to protect individuals and businesses from financial losses and reputational damage.

Dissemination of Malicious Software

The creation, distribution, or use of malicious software (malware) to harm computer systems, steal data, or disrupt operations is strictly prohibited in the UAE. Offenders can face severe penalties, including long-term imprisonment and substantial fines, to curb the spread of malware and protect cybersecurity.

For a more detailed understanding of these cybercrimes and the specific penalties associated with each, you can read more here.

IPR in UAE: Cornerstone of Innovation and Economic Growth

IPR serves as a cornerstone in protecting creative expressions, technological advancements, and unique brands, fostering innovation and economic growth. In the UAE, the legal framework for IPR encompasses Copyrights, Trademarks, and Patents, each playing a crucial role in safeguarding the rights of creators, inventors, and businesses.

Copyrights in the UAE

Governed by Federal Decree-Law No. 38/2021, copyright protection in the UAE grants protection to innovative literary, artistic, and scientific creations. Key aspects include:

Definition of Authorship and Joint Authorship: Recognises individuals who create copyrightable works and allows creators of all ages to register their works.
Authorisation for Use of the Work: Copyright owners have exclusive rights over their works and can delegate rights management to professional associations.
Copyright Registration Process: Overseen by the Ministry of Economy’s Department of Copyright, the process is efficient and user-friendly.
Scope of Copyrightable Works: Includes a wide range of creative works such as literary works, software, audio and video creations, and more.
Rights Enjoyed by Copyright Owners: Includes economic and moral rights, lasting 50 years after the author's death.
Penalties for Infringement: Strict penalties for violations, including imprisonment and fines.

Trademarks in the UAE

Trademark protection is governed by Federal Decree-Law No. 36/2021, providing a robust framework for the registration, protection, and enforcement of trademarks. Key aspects include:

Definition of Trademark: Includes signs, names, words, symbols, and more that distinguish goods or services.Trademark Registration Process:Managed by the Ministry of Economy, the process is accessible and covers multiple categories.
Trademark Protection Period and Renewal: Trademarks are protected for ten years and can be renewed.
Cancellation and Disputes: These can be brought before the Competent Court or resolved through the Trademarks Grievances Committee.
Assignment, Transfer, and Licensing: Trademarks can be assigned, transferred, or licensed.

Patents in the UAE

Patent protection is governed by Federal Law No. 11/2021, ensuring the protection of intellectual property rights related to inventions. Key aspects include:

Patent Validity and Examination: Requires formal and substantive examinations for novelty, inventive steps, and industrial applicability.
Patentability Requirements: Inventions must meet specific criteria and certain categories are excluded.
Patent Registration Process: Involves application submission, fee payment, and compliance with regulations.
Rights and Duration: Patents are protected for twenty years from the application filing date.
Patent Licensing and Transfer: Can be licensed or transferred to others, subject to registration.

Enhancing IPR Protection: Initiatives and Technologies

The UAE's proactive stance on IPR protection, highlighted by the significant increase in blocked websites, is part of a broader strategy to foster a secure and fair digital environment.

The 'InstaBlock' initiative provides a specialized instant response service for copyright infringement complaints, demonstrating the ministry's capability to act swiftly and decisively. Additionally, tools like 'LiveBan' are designed to handle live online broadcasting infringements.

By leveraging advanced technologies and a robust legal framework, the UAE aims to safeguard the interests of content creators and media networks, ensuring their works are protected from unauthorised use and distribution. This approach helps preserve the economic value of creative works and promotes a culture of respect for intellectual property rights.

Conclusion

The UAE's efforts to block over 1,000 illegal websites this year, particularly during Ramadan, underscore the country's commitment to intellectual property protection. The significant increase in blocked sites compared to last year highlights the effectiveness of the comprehensive measures implemented by the Ministry of Economy.

These efforts are crucial in maintaining a fair and secure digital ecosystem, protecting the rights of content creators, and promoting the legal and ethical consumption of multimedia content.

The UAE’s robust legal framework for Copyrights, Trademarks and Patents continues to foster innovation, creativity and economic growth, reinforcing its position as a global hub for creativity and the knowledge economy.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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How to Challenge an Employer Who Withholds Commissions, Unjustly Fires You From Job?

If you have been working in a private company for years and have not received your agreed-upon commissions and annual leave allowance for half the time, you might wonder what your rights are.

According to your employer, you may not have the legal right to claim these after two years. Additionally, if you file a labour complaint, your employer might dismiss you from your job.In such a scenario, here are the rights you should claim according to labour law:

Annual Leave Allowance

Article 29 of Labour Law No. 33 of 2021: You are entitled to payment for any accrued leave days if you quit your job before using them, regardless of the leave duration. This includes leave wages for parts of the year proportionate to the period you spent working, calculated based on your basic wage.

Unpaid Salaries and Commissions

Article 54/9 of the Federal Decree Law No. (20) of 2023 Amending Certain Provisions of Federal Decree Law No. (33) of 2021: You can claim any unpaid salaries, commissions, bonuses, etc., for the last year of your service. Lawsuits regarding these rights cannot be heard after one year from the maturity date of the right subject to the lawsuit.

End-of-Service Gratuity

Article 51 of the Law: You are entitled to an end-of-service gratuity upon completing one or more years of continuous service, calculated according to your basic wage. This includes:
* The wage of twenty-one (21) days for each year of the first five years of service.
* The wage of thirty (30) days for each year thereafter.

Compensation for Arbitrary Dismissal

Article 47 of the Law: If you were dismissed because you filed a serious complaint to the Ministry or a case against the employer that was proven to be true, the termination is considered unlawful. The employer is required to pay you fair compensation, which must not exceed the wage for a period of three (3) months, calculated according to your last received wage.

Warning Period Compensation

Article 43 of the Law: If your employer did not abide by the agreed-upon warning period, they must pay you compensation called a warning allowance. This compensation is equal to your wage for the entire warning period or the remaining part of it, even if the failure to warn did not result in harm.

By understanding these rights, you can ensure that you are fairly compensated for your work and any unjust treatment you may have faced.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Can You Ignore a Landlord’s Rent Increase Demand If No 90-Day Notice Was Given?

In the bustling city of Dubai, where the real estate market is dynamic and ever-evolving, tenants often find themselves navigating the complexities of rental agreements and regulations. A common question among renters is whether they can ignore a landlord's rent increase demand if they haven't received a 90-day notice.

Let's delve into this topic, alongside understanding the permissible rent increase limits and the fees agents or middlemen can charge annually.

Understanding the 90-Day Notice Rule

In the UAE, particularly in Dubai, the law is clear regarding rent increases. According to Decree No. 43 of 2013, landlords must provide tenants with at least 90 days' notice before increasing the rent.

This notice must be given in writing and should explicitly state the new rent amount and the date from which the increase will take effect. If the landlord fails to provide this notice, the tenant has the right to reject the rent increase and continue paying the old rent amount.

Can the Landlord Increase Rent Beyond the Rental Index?

The rental index, managed by the Real Estate Regulatory Agency (RERA), serves as a benchmark for determining acceptable rent increases. The RERA index is designed to maintain market stability and protect tenants from unreasonable hikes. Here are the key points:

  • 0% Increase: If the existing rent is up to 10% below the market value.
  • 5% Increase: If the existing rent is 11-20% below the market value.
  • 10% Increase: If the existing rent is 21-30% below the market value.
  • 15% Increase: If the existing rent is 31-40% below the market value.
  • 20% Increase: If the existing rent is more than 40% below the market value.

Landlords are prohibited from increasing rent beyond these specified limits as per the RERA rental index. Therefore, tenants can confidently challenge any rent hike that exceeds these thresholds.

Administrative Fees by Agents or Middlemen

When it comes to administrative fees charged by agents or middlemen, the UAE has set guidelines to ensure fairness. The annual administrative fees should be clearly stated in the tenancy contract. Typically, these fees cover the cost of services such as maintenance, documentation and contract renewal processes.

How Much Can Agents Charge?

While the law does not specify an exact amount, it is customary for agents to charge between 2-5% of the annual rent as administrative fees. This fee is subject to the agreement between the landlord and the agent, and it should be transparently communicated to the tenant.

What Should Tenants Do?

Verify Notices: Always ensure that any rent increase notice is received at least 90 days prior to the renewal date.
Check the RERA Index: Use the RERA rental index to verify the legality of the proposed rent increase.
Review Administrative Fees: Ensure that the administrative fees charged by agents are reasonable and agreed upon in the contract.

Conclusion

Navigating rent increases in Dubai requires a clear understanding of your rights as a tenant. The 90-day notice period is crucial, and any increase must align with the RERA rental index. Additionally, ensure that administrative fees charged by agents are fair and transparent.

By staying informed and proactive, tenants can safeguard their interests and enjoy a hassle-free renting experience in one of the world's most vibrant cities. 

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Want to Join a Rival Firm? Can Your Employer Take Legal Action Against You?

The UAE's labour market, known for its dynamic and diverse workforce, is governed by a set of regulations designed to balance the interests of both employers and employees.

Among the most debated topics are non-compete clauses and the conditions under which an employer can influence an employee’s ability to join rival firms or compel them to leave the country. This article delves into these issues within the framework of UAE law.

Legality of Non-Compete Clauses

Non-compete clauses are contractual agreements that restrict employees from joining competing firms or engaging in similar business activities for a specified period and within a certain geographical area after leaving an employer.

These clauses are included in employment contracts to protect the employer’s business interests, particularly their trade secrets, proprietary information and client relationships.

The UAE's Federal Decree-Law No. 33 of 2021, also known as the UAE Labour Law, addresses non-compete clauses.
According to Article 10 of the Labour Law:

  •  Employers can include non-compete clauses in employment contracts, provided these clauses are reasonable in scope, duration and geographical area.
  • The restriction must not cause undue hardship to the employee or be against public policy.

For a non-compete clause to be enforceable, it must meet the following criteria:

Legitimate Business Interest: The clause should protect legitimate business interests, such as confidential information or unique business methods.
Reasonableness: The duration, geographical scope and type of restricted activity must be reasonable and not excessively broad. Typically, a duration of six months to one year and a specific geographical area are considered reasonable.
Written Agreement: The non-compete clause must be explicitly stated in writing within the employment contract and agreed upon by both parties.

In case of a dispute over a non-compete clause, the UAE courts evaluate the reasonableness and necessity of the restriction. The courts may strike down or modify overly restrictive clauses that unfairly limit an employee's ability to find new employment.

Forcing Employees to Leave the Country

In the UAE, employment visas are linked to specific employers. When an employee resigns or is terminated, their employment visa is typically cancelled. This does not inherently mean that the employee must leave the country immediately, as they may have a grace period to find a new job or switch to a different visa type.

Employers cannot force an employee to leave the country against their will. However, once an employment visa is cancelled, the individual must comply with immigration laws, which may require them to either secure a new visa or exit the country.

Under the UAE Labour Law, employees are protected from unjust treatment and have the right to seek new employment.
Employees should be aware of the following:

Notice Period: Employees are generally required to serve a notice period as stipulated in their employment contract, which cannot exceed three months.
End-of-Service Benefits: Employees are entitled to receive their end-of-service benefits, including gratuity, upon termination or resignation, provided they meet the eligibility criteria.
Labour Disputes: Employees can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) if they believe their employer is acting unlawfully or unethically.

Practical Considerations

Employees should carefully review and negotiate non-compete clauses before signing employment contracts. Seeking legal advice to understand the implications and ensure the terms are fair and reasonable is advisable.
Employees planning to leave their current job should:

Understand their contractual obligations, including notice periods and non-compete clauses.

  • Ensure they receive all due compensation and benefits.
  • Stay informed about their visa status and explore options for visa transfer or renewal.

The UAE's labour laws provide a framework that seeks to balance the interests of employers in protecting their business and the rights of employees to seek new employment opportunities.

Non-compete clauses are permissible but must be reasonable and justifiable. Employers cannot force employees to leave the country, though visa regulations must be respected.

By understanding their rights and obligations, employees can manage their  job transitions more effectively and ensure they are treated fairly within the bounds of the law. For employers, adhering to legal standards in drafting and enforcing employment contracts is crucial to maintaining a fair and lawful workplace.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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A Legal Battle for Privacy: Dubai Expatriate Sues Apple Over AirTag Tracking

A Dubai-based expatriate has initiated a lawsuit against tech giant Apple, demanding access to data associated with an AirTag device allegedly used to track his movements without consent. This case underscores escalating concerns around digital privacy and the misuse of tracking technology.

The expatriate, whose identity remains undisclosed for privacy reasons, discovered that an AirTag had been covertly placed in his vehicle. This device, designed by Apple to help users locate personal items, was instead being used to monitor his location.

The expat's immediate response was to reach out to Apple, seeking information on the AirTag's activity and the person responsible for activating it.

Legal Grounds

The plaintiff's legal counsel argues that Apple's refusal to disclose the data violates consumer privacy rights and impedes justice. They are demanding detailed logs of the AirTag’s movements and the identity of the owner linked to the device.

This lawsuit could set a significant precedent in the UAE regarding tech companies' responsibility to safeguard user data and prevent its misuse.

Apple’s Position

Apple has maintained a firm stance on user privacy, typically resisting attempts to disclose personal data without substantial legal compulsion. The company argues that complying with such requests could undermine its privacy policies and set a dangerous precedent.

However, in this case, the expat’s legal team contends that the misuse of the AirTag warrants an exception due to the potential threat to personal safety.

Broader Implications

This case brings to light the potential for misuse of tracking technologies and the legal responsibilities of tech companies. The outcome could influence how companies like Apple handle privacy concerns and data disclosure requests in the UAE and beyond.

It also raises questions about the balance between user privacy and security, especially in an era where digital devices are increasingly ubiquitous.

Public and Legal Reactions

 The lawsuit has garnered significant attention from privacy advocates and legal experts. Many are watching closely to see how the UAE courts will navigate this complex issue, balancing individual privacy rights with corporate policies.

A ruling in favour of the plaintiff could lead to stricter regulations on tracking technologies and greater accountability for tech companies operating in the region.

By addressing the legal and ethical dimensions of this case, it is hoped that stronger safeguards will be established to protect individuals from invasive surveillance practices, reinforcing the importance of privacy in the digital age.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Dh3,000 Cash/Credit, Return Ticket, Stay Details Must for Travellers on UAE Visit Visa

The UAE has issued new visiting visa guidelines that require passengers to carry certain documents and funds to ensure a smooth entry process.

Travellers on visit visas must carry Dh3,000 in cash or credit, a valid return ticket, and proof of accommodation. These measures are being enforced to prevent overstaying and ensure visitors have the necessary resources.

Strict checks are being conducted at airports, and passengers who do not meet these requirements have reported being detained or stranded. Some passengers who failed to meet the requirements said they were barred from boarding their flights, while others reported being stranded at airports.

Travelers on Dubai visit visas are urged to carry Dh3,000 in cash, a valid return ticket, and proof of accommodation before going on a flight to the emirate, tourism agencies say.

Authorities are ensuring strict entry guidelines are followed. Some passengers who failed to meet the requirements said they were stopped at Indian airports and barred from boarding their flights.

Others reported being stranded at airports in Dubai. People traveling to Dubai must have a valid visa with a passport having a validity of at least six months. Additionally, they must carry a confirmed return ticket.

“Authorities are conducting these checks to ensure that individuals have the proper requisites for their stay in the country. As the number of overstaying cases increases, authorities are ensuring that anyone traveling to the country has the required funds in hand for their stay, proof of accommodation and a return ticket,” says Sam Sunny, who works as a public relations officer in Dubai.

These checks were already in place, but now, checks are being done to ensure that travellers are carrying enough money as proof of funds to sustain their stay in Dubai.

The required amount is any currency equivalent to Dh3,000 in cash or credit card. One must also provide a valid proof of accommodation in the UAE; this can be either a relative's or friend’s home or a hotel booking.

Travel agents noted that this rule has been in place for a long time, but authorities have tightened monitoring for the benefit of travelers.
According to the General Directorate of Residency and Foreigners Affairs, individuals entering the UAE on a visit visa must have either a travel ticket for onward travel or a return ticket to leave the UAE.

Airport checks are being conducted to safeguard travellers arriving in Dubai. There have been many cases of overstaying. This step by the authorities will positively impact the tourism sector of the emirate.

“While travelling from Kochi to Dubai, Spice Jet staff were inquiring whether passengers held visit visas or employment visas. They also ensured that those with visit visas had an adequate amount in their account to show the immigration authorities,” said Shreya, who travelled from Kochi on May 19.

Further, many passengers on visit visas were asked to show proof of accommodation along with Dh3,500, she added.

“The airport staff mentioned that the UAE will not allow anyone to enter the country without showing a valid hotel stay for the duration of their visit visa or carrying Dh5,000 in cash as dirhams,” Shreya added.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Facing Workplace Defamation? You Can Take Legal Action Against the Offender

Workplaces are busy centres of professional interactions and collaborations. However, instances of defamation can create challenges for both employers and employees. It's important to understand defamation laws in the workplace to maintain harmony and reduce legal risks.

What Constitutes Workplace Defamation?

Workplaces provide ample opportunities for defamatory behaviour, which can manifest in various ways:

Spreading Rumours or Gossip: Sharing unverified claims about a colleague's performance, work ethic, or personal life can damage their reputation and be classified as defamation.
False Accusations of Misconduct:Accusations of harassment, discrimination, or other inappropriate behaviour without a factual basis can constitute defamatory conduct.
Negative Performance Reviews: While constructive feedback is essential for professional growth, sharing disparaging reviews that tarnish an employee's reputation may amount to defamation.
Online Communication:
Social media posts or online discussions that cast colleagues in a negative light can also be interpreted as defamatory behavior.

Consequences of Workplace Defamation

In the UAE, workplace defamation carries significant ramifications for both parties involved:

Criminal Prosecution: Victims have the option to file a criminal complaint, potentially leading to prosecution and imprisonment for the offender.
Civil Court Proceedings: Offenders may face legal claims and be liable to pay compensation for damages inflicted on the victim's reputation.
Internal Grievances/Disciplinary Action: Employees can utilise internal procedures to address defamation issues, resulting in disciplinary measures such as warnings, suspension, or dismissal.
Damaged Company Reputation: Defamatory statements not only harm individuals but also tarnish the reputation of the organisation, impacting its business relationships and operations.

Preventative Measures to Safeguard Against Defamation

To mitigate the risk of workplace defamation, employers can implement various preventative measures:

Establish Clear Policies: Implement robust anti-defamation policies that outline acceptable conduct and prohibit defamatory behaviour.
Provide Training: Educate employees on defamation laws and the consequences of engaging in defamatory conduct through comprehensive training programmes.
Avoid Gossip and Rumours: Encourage employees to refrain from participating in conversations that could harm someone's reputation.
Document Concerns Carefully: Ensure that complaints are raised constructively and through official channels to minimise the risk of defamation.
Exercise Caution with Social Media: Remind employees of the stricter penalties for online defamation and the importance of responsible online behaviour.
Respect Cultural Differences: Foster an inclusive environment and discourage statements that may be offensive to colleagues from diverse backgrounds.
Maintain Professionalism: Encourage professionalism in all communications, avoiding personal comments, gossip, or unsubstantiated information.
Retain Documented Interactions: Emphasise the importance of maintaining records of communications, which can serve as evidence in defamation cases.
Review Grievance and Disciplinary Procedures: Ensure that procedures are fair and transparent, limiting the distribution of sensitive information to those directly involved.
Adopt Non-Disclosure Agreements: Incorporate NDAs into grievance and disciplinary documentation to prevent unauthorised disclosure of information.
Include Contract Provisions: Inform employees about the potential consequences of disseminating damaging information during investigations. 

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Lawyers Cannot be Sued for Service Deficiency: India SC Rules – What’s in UAE Law?

The Supreme Court of India recently ruled that the services rendered by advocates fall under a "contract of personal service," meaning they are excluded from the Consumer Protection Act, 2019.

This decision was made by a bench of Hon’ble Justices Bela M. Trivedi and Pankaj Mithal, who emphasised that the legal profession is unique and cannot be equated with other professions or businesses that the Consumer Protection Act covers. The ruling clarifies that complaints alleging "deficiency in service" against advocates cannot be maintained under the Consumer Protection Act, 2019.

The court highlighted that the relationship between advocates and their clients involves fiduciary duties and direct control by the client over the advocate's actions, distinguishing it from typical service contracts.

This decision overturned a 2007 ruling by the National Consumer Disputes Redressal Commission (NCDRC), which had allowed such complaints against advocates.

“The legal profession is sui generis (unique in nature) and cannot be compared with any other profession.

The service engaged or utilised from an advocate falls under a contract of personal service, and therefore will fall within the exclusionary part of the definition of “service” contained in Section 2 (42) of the Consumer Protection Act, 2019,” a Bench headed by Justice Bela M. Trivedi said, terming the advocates’ responsibility “onerous”.

The Bench said an advocate was the only link between the court and the client and was expected to follow his client’s instructions rather than substitute his (client’s) judgment. Justice Mithal, who delivered a separate concurring judgment, said, “The legislature inIndia as in some other countries had not intended to include the services rendered by professionals, especially lawyers, to their client within the purview of the Consumer Protection Act, 1986, and re-enacted in 2019.”

“One should also not lose sight of the fact that the other object of the Act was to provide consumers timely and effective administration and settlement of their disputes.

If the services provided by all professionals are also brought within the purview of the Act, there will be a floodgate of litigations in commissions/forums established under the Act,” the Bench noted.

Advocates were generally perceived to be their client’s agents and owed fiduciary duties to their clients who exercised direct control over their advocates rendering legal professional services, it said.

The Advocates Act, 1961

In India, the regulation and governance of the legal profession are primarily overseen by the Advocates Act, 1961. This pivotal legislation lays down comprehensive standards of professional conduct and etiquette, as stipulated by the Bar Council of India under Section 49(1)(c).

According to these provisions, clients who have grievances regarding misconduct can approach the State Bar Council where the concerned advocate is enrolled to file a complaint.

These Bar Councils are not only vigilant but also sensitive in handling cases that involve the legal profession.

Moreover, the Court aptly distinguished between the legal and medical professions in this context. Unlike the medical profession, the legal profession lacks a universal standard of care or an objective test to adjudicate issues of professional duty.

This absence of a definitive standard is due to the inherent unpredictability in legal cases, where outcomes are significantly influenced by the opposing party’s actions and legal interpretations.

The Hon’ble Supreme Court’s decision brings closure to a long-pending issue that has lingered for over a decade. The judgment acknowledges that there is always a risk of imperfection in case determinations, often due to factors beyond the advocate’s control.

The legal system aims to provide the best and safest method of adjudication, balancing the necessity of human fallibility. The Court’s judgment reinforces the need for advocates to perform their duties without fear of undue repercussions.

The immunity granted to advocates is seen as a necessary measure to ensure that they can operate within the legal framework without the constant threat of liability.

This protection is crucial for the effective functioning of the legal profession, as recognised by the Supreme Court in its recent ruling.

Consumer Protection Context

In the context of consumer protection, these legal provisions underscore the UAE’s commitment to safeguarding the rights and well-being of its residents.

The rigorous standards of care and accountability mandated by the law ensure that consumers and businesses alike can operate within a framework of fairness and responsibility.

The legal landscape in the UAE thus offers robust mechanisms for addressing grievances and seeking redress, reinforcing the importance of legal recourse and professional guidance in protecting one’s rights and interests.

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How to Register a Complaint Against an Insurance Company in UAE Over Claim Rejection?

The unprecedented weather disruption last month has led to a record number of motor and home insurance claims. According to Dubai-based insurance brokers, the total number of claims for damages typically expected over 12 years were filed within just a few days following the thunderstorms that struck the UAE on April 16.

While the Central Bank of the UAE (CBUAE), which oversees the insurance sector, has not provided exact figures on the number of cars or homes affected by the floods, insurance providers and brokers reported they had never seen so many claims caused by a single natural incident.

Insurance brokers estimate that approximately 100,000 vehicles in the country were affected by the rains. Many of these vehicles were deemed irreparable after being submerged in water, resulting in their classification as total losses.

Several cases are still pending responses from insurance providers, and many motorists are still waiting to receive their claims. It is expected that the situation will take two to three months to return to normal.

What if Your Claim is Rejected?

According to Snehal Singh, an insurance lawyer at Dubai-based NYK Law Firm, “if you believe the insurance company unfairly denies your claim, your next course of action is to submit a complaint to the Insurance Authority, overseen by the Central Bank of the UAE”.

Should the Central Bank of the UAE fail to address the matter, it will be forwarded to the court following standard jurisdictional protocols, she added.

Here's a detailed overview of the process:

Rejection of Claim: Upon the rejection of your claim by the insurance company, you will receive a formal notice outlining the reasons for denial.
Filing a Complaint: You must file a complaint with the Insurance Authority, providing all relevant documentation, including the rejection notice, policy details, and any correspondence with the insurance company.
Central Bank’s Role: The Insurance Authority, operating under the Central Bank of the UAE, will review your complaint. They may request additional information or documents to support your case.
Resolution by the Central Bank: The Central Bank will seek to mediate and resolve the issue. If they find merit in your claim and determine the insurance company is at fault, appropriate action will be taken.
Referral to Court: Should the Central Bank of the UAE be unable to satisfactorily resolve the issue, it will refer the case to the court, which will then adjudicate the matter based on jurisdictional rules and evidence provided.

This structured process ensures that all administrative remedies are exhausted before resorting to litigation, offering a systematic approach to resolving insurance disputes, Snehal Singh noted.

“We have received several complaints from consumers whose claim has been rejected from the insurance company. For such cases, initially we send a legal notice to the insurance company. If the issue isn’t resolved we’ll move on with further legal procedures,” Snehal Singh added.

How to File a Complaint Through Sanadak

Last month, the Central Bank confirmed that customers who encounter complaints or disputes with their insurance company have the option to address them through Sanadak, an independent financial unit established by the apex bank.

Before commencing the complaints process, it is crucial to understand the eligibility criteria for submitting complaints through Sanadak. You can file a complaint through the platform in the following cases:

  • When a Licensed Financial Institution (LFI) or the insurance company fails to provide a specific service or product due to discrimination based on family or socio-economic status, gender, or minority group membership.
  • In cases of alleged financial loss or harm resulting from deceptive, misleading, fraudulent, or unfair conduct by or on behalf of an LFI or insurance company.

However, certain conditions must be met:

  • Initially, raise the complaint with the relevant insurance company before approaching Sanadak.
  • Wait for a period of 30 calendar days after lodging the complaint with the company.
  • Ensure there's no ongoing litigation in a court of law related to the complaint.
  • Do not file a complaint related to a case falling outside the regulatory mandate of the Central Bank of the UAE.
  • Do not raise a complaint if the matter has already reached a resolution between you and the company.

Sanadak reserves the right to reject complaint applications in all the aforementioned cases.

How to Submit a Complaint?

  • Visit the website sanadak.gov.ae and select ‘Submit a complaint’ from the top menu.
  • Choose ‘Submit a complaint related to an insurance company’.
  • Complete the form to determine your eligibility to raise the complaint, addressing the criteria mentioned earlier. Once confirmed eligible, specify whether you wish to complain against a licensed financial institution or an insurance company.
  • Sign in using your UAE Pass.
  • Indicate whether you have an existing online account with Sanadak. If not, sign up, and your details will be auto-filled from your UAE Pass sign-in.
  • Proceed by clicking ‘Log a complaint’.
  • Read and accept the terms and conditions listed in the consent form.
  • Provide the dispute information, including any response received from the insurance company. Once submitted, await a response from the Sanadak team, who will investigate the complaint by liaising with the concerned company and provide updates accordingly.

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How Can Expatriates of Non- Muslim Faith Draft & Register a Will for Assets in the UAE?

As a non-Muslim resident of Dubai, you have several options for creating and registering a will for your assets in the UAE. The relevant laws include Federal Decree-Law No. 41 of 2022 on Civil Personal Status; Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai; and DIFC Wills and Probate Registry Rules

Non-Muslims can apply the UAE Personal Status Law for non-Muslims for their matters. Article 1(1) of this law states that it applies to non-Muslim UAE nationals and residents unless they follow their home country's laws regarding marriage, divorce, inheritance, wills and parentage.

Article 11(1) further allows non-Muslims to leave a will distributing all their UAE-based assets to anyone of their choice, following the guidelines in the Implementing Regulations.

Dubai Law No. 15 of 2017 outlines the procedures for the registration of wills. Article 3 applies this law to all wills and estates of non-Muslims in Dubai, including the DIFC. Article 6(a) establishes the 'Register of Wills of Non-Muslims' at the Dubai Courts and DIFC Courts.

You can register your will at either the Dubai Courts or the DIFC Courts Wills Service Centre. The will must detail the executor(s) and beneficiaries and cover all types of assets, including real estate, business shares, bank accounts and other valuables, whether located within or outside the UAE.

The DIFC Wills and Probate Registry (WPR) Rules specify the requirements for non-Muslim wills, such as being in English, witnessed by two witnesses, and appointing executors and guardians. The will can include all global assets of the testator.

Alternatively, non-Muslim expatriates can register their will at their home country's consulate or embassy if such a service is available.

In conclusion, you can draft and register your will for your UAE estate at the Dubai Courts, the DIFC Wills Service Centre, or your home country's consulate/embassy. Wills registered in Dubai through these procedures are typically valid and enforceable outside the UAE, subject to the laws of other involved countries.

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When Healthcare Fails You: A Guide to Medical Negligence Law & Patient Rights in the UAE

Instances of medical negligence, such as misdiagnosis, surgical errors, and medication mistakes, represent critical challenges within healthcare systems worldwide, including in the UAE.

These instances significantly impact both patients and healthcare practitioners and are comprehensively addressed under Federal Decree-Law No. 4/2016 on Medical Liability in the UAE.

Medical negligence, as defined by Article 6 of the Medical Liability Law, occurs when a practitioner fails to meet the required standard of care, resulting in harm to the patient. Practitioners are held responsible for their actions, encompassing various scenarios of deviation from accepted medical norms.

It is thus defined as an act or failure to act by a medical professional deviating from accepted standards of care, holding significant legal implications in the UAE.

Under Medical Liability Federal Law No. 4 of 2016, practitioners are mandated to uphold established medical practices, deviations constituting medical malpractice.

Defining Gross Medical Error and Legal Ramifications

Gross medical errors, as outlined in Article 5 of the Executive Regulations, encompass severe deviations from standard care, including errors resulting in patient death or organ loss, practitioner intoxication, and severe carelessness such as overdose or leaving medical equipment in the patient’s body.

Legal steps for victims are delineated, including approaching healthcare authorities and civil courts for compensation, or filing criminal complaints against practitioners or clinics.

Responsibilities of Healthcare Professionals

Article 3 of the UAE’s Federal Decree-Law No. 4/2016 emphasises that healthcare professionals in the UAE must fulfill their responsibilities honestly and accurately. They are required to follow recognised scientific and technical guidelines to provide proper care to patients.

Duties and Responsibilities of Practitioners

The medical liability law outlines the duties and obligations of practitioners, emphasising accuracy, honesty and adherence to scientific rules. Violations carry penalties, including imprisonment and fines, reinforcing the importance of complying with professional standards.

Role of Medical Liability Committees

Medical Responsibility Committees examine complaints related to medical errors, determining the extent of negligence and assessing damages. The law ensures a fair and thorough examination of alleged medical negligence cases, promoting accountability and justice.

Penalties for Medical Negligence

Article 28 specifies penalties for medical negligence, including imprisonment and fines. The severity of penalties varies depending on the nature of the offense, degree of negligence, and impact on patient well-being, highlighting the gravity of medical errors.

Civil Liability Insurance Mandate

Article 25 mandates practitioners to have civil liability insurance for medical errors from licensed insurance companies in the UAE. This insurance serves as a safeguard for both practitioners and patients, ensuring compensation in case of medical errors.

Recourse for Victims

Article 34 addresses serious medical errors, with offenders facing imprisonment and fines. Victims have the right to pursue reconciliation with the accused, ensuring accountability and compensation for medical negligence. Understanding the legal framework is crucial for maintaining accountability and ensuring the highest quality of healthcare services for patients.

Pursuing Compensation and Diya Money

Victims of medical malpractice can seek compensation for various damages, including emotional stress, loss of income, medical expenses and loss of love.

Additionally, Diya (blood money) may be claimed for deaths resulting from medical negligence, with Article 34 specifying penalties for practitioners involved in gross medical errors, particularly those under the influence of alcohol or drugs.

Understanding the legal framework is crucial for maintaining accountability and ensuring the highest quality of healthcare services for patients.

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Using ‘F’ Word Could Lead to Jail in UAE: How to Defend Against Slander and Libel?

Defamation involves making false statements that harm someone's reputation, whether through spoken or written words or images. In the UAE, defamation is a serious legal issue, with specific laws governing it.

Defamation laws in the UAE encompass a broad range of scenarios, including accusations against public officials or statements deemed religiously offensive. Moreover, recent legislation extends defamation laws to cover online platforms.

This means that defamatory statements made on social media or other digital platforms can also lead to legal consequences. It is a serious legal offense, and anyone found guilty of defamation could face fines and imprisonment.

Staying informed about defamation laws is essential to prevent unintentional violations and potential legal consequences in the UAE. If you feel defamed, it's important to know your rights.

Here is a detailed analysis covering everything you need to know about defamation.

Types of Defamation

Defamation is categorised into two main types: Slander and Libel.

Slander: This involves untrue statements told to others as though they were true, often due to hatred or anger. Examples include telling a spouse false stories to harm their relationship or spreading rumours about an employee to undermine their credibility at work.

Libel: This involves spreading defamatory statements via media and in written form.

Penalties

Defamation can result in imprisonment of up to two years and/or fines. The UAE courts distinguish defamatory statements from mere criticism using the "normal limits" test.

Defamation involves targeting someone with false charges to harm their reputation. Defamation is considered a criminal offense in the UAE.

Defamatory remarks on social media invoke cybercrime laws, and defaming a public officer incurs harsher penalties. Religiously offensive or seditious statements are treated severely.

Elements of Defamation

To constitute defamation, three elements must be present:

  • A false statement is made.
  • The statement was made in the presence of a third party.
  • The statement or act caused harm to any extent.

Articles About Defamation

On January 2, 2022, significant changes to UAE law concerning defamation and cybercrimes took effect under:

  • Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumours and Cybercrime (the Cybercrimes Law).
  • Federal Decree-Law No. 31/2021 On the Issuance of the Crimes and Penalties Law (the Penal Code)
  • Article 425 of Federal Decree-Law No. 31/2021 states: Any false or fabricated fact spread publicly to bring hatred or contempt to the defamed person can result in imprisonment of two years and/or a fine of up to Dh20,000.
  • Article 426 of Federal Decree-Law No. 31/2021 deals with insulting someone publicly in a way that may injure the victim’s honor or dignity.
  • Article 44 of Federal Decree-Law No. 31/2021 states: It remains an offense to record or photograph someone without their consent, or to copy and distribute the same.

Social Media and Cybercrime

The UAE has introduced Federal Decree-Law No. 34 of 2021 (Cybercrime Law) to address cybercrime, rumours and fake news. This law replaces the previous cybercrime legislation and provides punishments for various types of cyberbullying offenses.

Extortion, insults, unauthorised sharing of personal photos or videos and social media defamation are among the prevalent forms of cyberbullying covered by the law.

Under Article 20 of the Cybercrime Law, it is illegal to insult or put others in a situation where they may be punished via computer networks, electronic media, or social media. Penalties include imprisonment and fines ranging from Dh25,000 to Dh500,000. Deportation is common for foreigners.

The Cybercrimes Law Introduces Offenses For:

  • Insulting others or attributing to them an incident that may subject them to punishment or contempt using a computer network or any information technology means.
  • Spreading rumours or fake news via digital means if this provokes public opinion against a state authority or if committed at a sensitive time.
    Article 39 of the Cybercrime Law prohibits website owners or group admins from retaining, concealing, providing, or disseminating illegal content. Failure to act on known defamatory content can lead to accountability.

Electronic Defamation

Electronic defamation includes defamatory statements on websites, forums, WhatsApp, SMS, or emails. If the defamation occurs using an employer's network or devices, the employer may be involved in legal proceedings.

Employers might be held responsible for some crime repercussions as sponsors. Investigations may require police access to business computers, with potential confiscation of devices used in the crime.

The Cybercrime Law also allows for the deletion of material and shutdown of offending websites at the court's discretion.

Verbal Abuse

Using insulting words or verbal abuse, regardless of nationality, is a criminal offense in the UAE. For example, the 'F' word can result in legal trouble. Under Article 373 of Penal Code No. 3 of 1987, insults affecting honour or modesty can lead to imprisonment or fines.

Higher penalties apply if the abuse targets public officials, affects family honor, or serves illegal purposes. Insults via print media are considered aggravated cases.

Filing a Defamation Case

Defamation cases are handled strictly in the UAE. Victims can file a complaint starting with the police and moving to public prosecution. Complaints must be filed within three months of becoming aware of the offense.

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Unique Questions, Concerns: What’s the Legal Status of a Child Out of Wedlock in UAE?

Welcoming a new addition to the family is a precious occasion for any parent. However, for
unmarried couples in the UAE, it can give rise to unique concerns and questions.

This article aims to explore the legal issues, societal perceptions and practical aspects associated with the
birth of a child out of wedlock in the UAE.

Parenthood is a profound journey, but for unmarried couples in the UAE, it's accompanied by specific legal and societal considerations.

With the UAE's blend of tradition and modernity, navigating the complexities of having a child out of wedlock requires understanding and awareness.

Legal Status of a Child Born Out of Wedlock

In the UAE, children born out of wedlock are acknowledged legally, but certain procedures must be followed to confirm their legal status. This usually includes registering the birth and arranging legal guardianship for the child.

The UAE's family laws have been updated to decriminalise consensual relationships outside of marriage, recognise parentage and simplify the process of applying for birth certificates.

These legal changes establish a framework that protects the rights and respects the dignity of every child, regardless of their parents' marital status.

Consequences of Having a Baby Before Marriage

The new law allows unmarried couples to live together without facing legal consequences for having a baby before marriage. This change reflects a significant modernisation of the country's legal system and acknowledges evolving social norms in the UAE.

However, it's important to remember that the law still prohibits sex outside of marriage, so unmarried couples should be cautious and discreet.

Having a baby before marriage can be complex, and couples need to understand the laws and regulations related to pregnancy and childbirth, seek medical guidance and make informed choices.

While Dubai offers excellent healthcare facilities in a modern and cosmopolitan environment, it's crucial to respect local laws and customs.

Procedure for Unmarried Couples to Apply for a Birth Certificate

The procedure for unmarried couples to apply for a birth certificate for their newborn in the
UAE involves following specific legal steps as outlined by the authorities.

  • If the father is known, the biological parents can apply for their baby's UAE birth certificate through a separate form, without needing a marriage certificate.
  • Download a separate form from the Abu Dhabi Courts website.
  • Both parents must sign the application form's declaration confirming their status as the baby's biological parents.
  • Attach a copy of the biological father's valid Emirates ID and passport.
  • Provide a document to prove the birth, either from the hospital or home.
  • Submit the application form.

If Father is Not Known

Additionally, a new UAE law passed in October 2022 extends the right for unmarried mothers to apply for a birth certificate even if the father is not known.

 New Laws

The new laws in the UAE, enacted in January this year, bring hope to unmarried expatriate couples. These laws say that if a child is born to unmarried parents he/she will still be recognised in the UAE. The new laws make it okay for unmarried couples to have children together, as long as they take care of the child.

However, there are some important rules to remember. Article 410 of Federal Law No: 31 of 2021 says that if a woman over 18 has a baby after having consensual sex, both the man and the woman could go to jail for at least two years.

But there's another law, Article 1 of Resolution No 3 of 2021, which says that any parent who lives in the UAE can apply for a birth certificate for their child in the Dubai Courts. They don't need to show a marriage certificate anymore.

Article 2 explains how to do this. Even if the parents don't want to get married, they can still get a birth certificate for their child by showing they're the parents and can provide all the needed documents.

If the parents can't agree on registering the child's birth, they might face legal trouble.

Societal Attitudes

People's opinions about having children out of wedlock can vary in the UAE. While some people are open-minded, others might have more traditional views. It's essential to be aware of these attitudes and respect them.

Practical Considerations

For unmarried parents in the UAE, there might be some challenges when it comes to legal paperwork and guardianship for the child. It's important to understand the process and make sure everything is done correctly.

Having a child out of wedlock in the UAE comes with its own set of considerations, but with the right knowledge and understanding, unmarried couples can navigate this journey with confidence.

By following the legal procedures, respecting societal attitudes, and addressing practical concerns, parents can focus on welcoming their bundle of joy into the world with love and care. 

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Are You a Victim of Online Bullying? How and Where to Report Cybercrimes in UAE

 

In an age where digital connectivity dominates our lives, the prevalence of cybercrimes, such as online bullying and privacy violations, has become a growing concern worldwide, including in the United Arab Emirates (UAE).

With the rise of social media platforms and online communication channels, individuals are increasingly vulnerable to various forms of cyber threats, ranging from harassment and defamation to identity theft and financial fraud.

To address these challenges and protect the rights of individuals in the digital sphere, the UAE has implemented robust cybercrime laws and established specialised agencies to combat online offenses.

Understanding these laws and knowing how to report cybercrimes are essential steps towards ensuring a safe and secure online environment for all residents.

Cybercrime Laws in the UAE

The UAE has enacted comprehensive cybercrime laws to address various types of online offenses and protect individuals' rights in the digital space.

One of the primary legal instruments governing cybercrimes in the country is Federal Decree-Law No. 5 of 2012 on Combating Cybercrimes, commonly known as the Cybercrime Law.

This law criminalises a wide range of cyber offenses, including:

Online Bullying and Harassment: The Cybercrime Law prohibits the use of electronic communication channels to engage in bullying, harassment, or defamation of individuals. Offenders can face imprisonment and significant fines for such offenses.

Privacy Violations: Unauthorised access to, interception of, or disclosure of electronic communications or personal data without consent is considered a violation of privacy under the Cybercrime Law.

This includes actions such as hacking into email accounts, spreading private information online, or illegally obtaining sensitive data.

Identity Theft: The Cybercrime Law also criminalises identity theft and impersonation, including the fraudulent use of another person's identity or the creation of fake online profiles for malicious purposes.

Financial Fraud: Engaging in online scams, phishing schemes, or other forms of financial fraud is punishable under the Cybercrime Law. This includes fraudulent activities aimed at deceiving individuals or organizations for financial gain.

How to Report Cybercrimes

If you are a victim of online bullying, privacy violation, or any other form of cybercrime in the UAE, it is essential to report the incident to the appropriate authorities promptly. Here's how you can file a cybercrime report:

Contact the UAE's Cybercrime Reporting Centre: The UAE's Cybercrime Reporting Centre, operated by the Telecommunications Regulatory Authority (TRA), serves as the primary point of contact for reporting cybercrimes.

You can reach the center via phone, email, or online form to file a complaint and seek assistance.

Provide Detailed Information: When reporting a cybercrime, provide as much detailed information as possible about the incident, including the nature of the offense, any relevant evidence (such as screenshots or emails), and the identities of the perpetrators, if known.

Cooperate with Law Enforcement: After filing a cybercrime report, law enforcement authorities may launch an investigation into the matter.

It is essential to cooperate fully with the authorities and provide any additional information or assistance they may require during the investigation process.

Seek Legal Advice: If you believe your rights have been violated or you have suffered damages as a result of a cybercrime, consider seeking legal advice from a qualified attorney in the UAE.

A legal professional can help you understand your rights, navigate the legal process and pursue appropriate legal remedies.

In conclusion, cybercrimes pose significant threats to individuals' safety, privacy and security in the digital age.

By understanding the cybercrime laws in the UAE and knowing how to report cybercrimes effectively, residents can play a crucial role in combating online offenses and promoting a safer online environment for all.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Need Legislative Reforms to Protect Rights of Transgender People from Discrimination

The United Arab Emirates, known for its rapid development and modern infrastructure, is a country that often finds itself in the global spotlight. However, one aspect that has received less attention internationally is its legal framework concerning transgender individuals.

As with many countries, the UAE's approach to transgender rights is a complex mix of cultural, religious and legal factors.

Legal Landscape

In the UAE, transgender rights are not explicitly addressed in the legal system. The country operates under a legal system based on a combination of Sharia (Islamic law), civil law and customary law.

These legal frameworks shape various aspects of life in the UAE, including matters related to gender identity and expression.

While there are no specific laws protecting transgender individuals from discrimination or ensuring their rights, the UAE does have laws that criminalise certain behaviours that may affect transgender people.

For instance, the UAE Penal Code criminalises acts deemed to be contrary to public morality, which could potentially be used to target transgender individuals, although enforcement may vary.

Social and Cultural Impact

Understanding transgender rights in the UAE requires consideration of the broader social and cultural impact. The UAE is a conservative society where traditional gender roles are deeply ingrained.

Gender identity and expression are often viewed through the lens of cultural and religious norms, which may not align with contemporary understandings of gender diversity.

In such a context, transgender individuals in the UAE may face significant social stigma and discrimination. Coming out as transgender or openly expressing one's gender identity can be challenging due to fear of rejection from family, friends, or society at large.

This social stigma can also manifest in difficulties accessing healthcare, education, and employment opportunities.

Recent Developments and Challenges

Despite the absence of explicit legal protections for transgender individuals, there have been some positive developments in recent years. The UAE has taken steps to address broader issues related to gender equality and women's rights, which could indirectly benefit transgender individuals by fostering a more inclusive society.

Moreover, there is growing awareness and advocacy for LGBTQ+ rights in the UAE, albeit within certain limitations. Non-governmental organisations and grassroots movements are working to raise awareness, provide support, and advocate for the rights of LGBTQ+ individuals, including transgender people.

However, significant challenges remain. The lack of legal protections leaves transgender individuals vulnerable to discrimination, harassment, and violence. Access to gender-affirming healthcare, legal gender recognition and other essential services is limited. Moreover, the prevailing societal attitudes towards gender diversity present significant barriers to full acceptance and inclusion.

Moving Forward

To address the challenges faced by transgender individuals in the UAE, concerted efforts are needed from multiple stakeholders. This includes legislative reforms to explicitly protect therights of transgender people from discrimination and ensure their access to essential services.

Legal gender recognition procedures should be established to allow transgender individuals to obtain identification documents that reflect their gender identity.

Furthermore, raising awareness and promoting education about gender diversity and transgender issues are essential to challenge societal attitudes and reduce stigma. This requires collaboration between government entities, civil society organisations, religious leaders, and the broader community to foster a more inclusive and accepting society.

While transgender rights in the UAE are not explicitly addressed in the legal system, there are efforts underway to improve the situation. However, significant challenges remain, rooted in societal attitudes, cultural norms, and legal frameworks.

Addressing these challenges will require sustained advocacy, education, and legislative reforms to ensure the rights and dignity of transgender individuals are respected and protected in the UAE.

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Air India Express Passenger Threatens to Jump, Raising Questions on Aviation Laws

A recent incident aboard an Air India Express flight from Dubai to Mangalore has sparked concerns over passenger behavior and safety regulations within the aviation industry. According to reports, a passenger exhibited rude behaviour towards the flight crew and even made threats of jumping from the aircraft during the flight.

In the realm of aviation law, ensuring the safety and security of passengers and crew members is paramount. This article delves into the intricacies of aviation law and the legal framework governing incidents of unruly behaviour on flights.

Understanding Aviation Laws and Regulations

Aviation laws encompass a complex web of regulations, conventions, and agreements designed to govern the operation, safety, and security of air travel.

Key international instruments such as the Convention on International Civil Aviation (Chicago Convention) and the Montreal Convention provide the legal framework for addressing various aspects of aviation, including unruly passenger behavior.

Under these conventions and national regulations, airlines are responsible for ensuring the safety and security of their flights and passengers. This includes implementing measures to prevent and respond to incidents of unruly behaviour, which can pose serious risks to the safety of the flight and its occupants.

What are the Rules Governing Unruly Behaviour?

The Aircraft Rules, 1937: The Aircraft Rules, 1937 were formed in pursuance of the Aircraft Act, 1934. Unruly passengers are governed under this Act in conjunction with the Indian Penal Code, 1860. This legislation outlines the ideal behavior expected from passengers.

Directorate General of Civil Aviation (DGCA)

The Directorate General of Civil Aviation is the principal regulatory body governing civil aviation in India. It is responsible for safety issues, regulation of air transport services, enforcement of civil air rules and regulations, and other such tasks.

It coordinates its functioning with the International Civil Aviation Organization (ICAO). One of its main tasks is to ensure air safety and airworthiness standards.

Montreal Protocol, 2014

The Montreal Protocol of 2014 is an amendment to the Tokyo Convention of 1963. It specifically addresses the issue of unruly behaviour on board aircraft. The protocol enhances the legal framework for dealing with offenses and other acts committed on board aircraft.

It provides for the jurisdiction of the state in which the aircraft is registered and gives that state the authority to take legal action against offenders.

Tokyo Convention

The Tokyo Convention (Convention on Offenses and Certain Other Acts Committed on Board Aircraft) was adopted in 1963. It is an international treaty that addresses unlawful acts on board civil aircraft. The convention grants certain powers to the aircraft commander and other relevant authorities to deal with offenses committed on board, especially during flight.

Legal Implications of Unruly Passenger Behaviour

Unruly passenger behaviour encompasses a wide range of actions that threaten the safety, security, or order of a flight. This can include acts of violence, verbal abuse, disruptive behaviour and attempts to interfere with the operation of the aircraft.

From a legal standpoint, such behaviour may constitute criminal offenses under both domestic and international law. In many jurisdictions, laws are in place to specifically address acts of aviation-related violence or interference, with penalties ranging from fines to imprisonment depending on the severity of the offense.

Airlines' Rights and Responsibilities

Airlines have a duty to maintain order and discipline on their flights and to ensure the safety and security of all passengers and crew members. In cases of unruly behaviour, airlines are empowered to take swift and decisive action to address the situation and mitigate any potential risks.

This may include notifying law enforcement authorities, restraining the individual if necessary and diverting the flight to the nearest suitable airport to offload the disruptive passenger.

Airlines also have the authority to impose penalties and sanctions on passengers found guilty of unruly behavior, including fines, bans from future travel, and legal action.

Passengers' Rights and Responsibilities

Passengers, too, have rights and responsibilities when travelling by air. While individuals have the right to express themselves and voice their concerns, they must do so in a manner that is respectful and compliant with airline regulations.

Disruptive behaviour that poses a threat to the safety or security of the flight is not tolerated and may result in legal consequences.

Conclusion

The recent incident involving a disruptive passenger on an Air India Express flight serves as a stark reminder of the legal complexities surrounding unruly behaviour in aviation.

As stakeholders in the aviation industry, it is imperative that airlines, passengers and legal authorities work together to uphold safety, security and order in the skies. By adhering to aviation laws and regulations and promoting a culture of mutual respect and cooperation, we can ensure the continued safety and success of air travel for all.

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Landlords and Developers Duty-bound to Share Costs in Wake of Severe Weather

Recent severe weather events have underscored critical issues regarding accountability and
responsibility within the real estate sector. The discussion surrounding the allocation of repair and restoration costs post-disaster is not just a matter of financial burden but also one of ethical and legal obligation.

Firstly, let's address the responsibility of developers in ensuring the resilience of their buildings. Developers, as creators of structures that become integral parts of communities, bear a significant duty to construct buildings that can withstand foreseeable environmental challenges, including those exacerbated by climate change.

While the law may not explicitly mandate developers to predict every potential climate-related risk, there exists a reasonable expectation for them to adhere to building codes and standards that mitigate such risks to the best of their ability.

Failure to do so could result in liability for negligence or breach of duty. Furthermore, landlords, as custodians of these properties, have a distinct legal obligation to maintain habitable living conditions for their tenants. This includes promptly addressing damages caused by natural disasters or unforeseen events.

Existing tenancy laws typically impose this duty on landlords, with provisions for tenants to seek remedies such as repairs, rent abatement, or even termination of the lease if the property becomes uninhabitable due to negligence on the part of the landlord.

Looking ahead, the call for greater collaboration and proactive measures is not just a suggestion but a necessity. Investing in infrastructure improvements, adopting stricter building codes and promoting transparency in property management practices are pivotal steps towards creating a resilient built environment.

Moreover, fostering accountability among stakeholders, including developers, landlords and governing bodies, is crucial in ensuring that these measures are effectively implemented and enforced.

In conclusion, the escalation in frequency and severity of extreme weather events necessitates a paradigm shift in how we approach property management and development. Landlords and developers must recognise their roles as stewards of the built environment and prioritise resilience in their practices.

By doing so, not only can they mitigate the impact of future disasters on their properties and tenants, but they can also contribute to the creation of a more sustainable and resilient society as a whole.

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Vaping Legal in UAE, But Selling Vapes to Under-18s? Prohibited & Attracts Fines

In April 2019, the UAE lifted its blanket ban on the sale of e-cigarettes, vaping devices and e-liquids, thereby authorising their lawful sale in the market.

Currently, vape products are regulated similarly to tobacco products and are subject to stringent guidelines. This shift primarily aimed at providing smokers with safer alternatives while regulating the previously unregulated market.

Presently, the Ministry of Industry and Advanced Technology (MoIAT) stipulates that all vape products and e-liquids must comply with specific standards and regulations. These requirements include the inclusion of health warnings similar to those found on traditional cigarette packaging and the prohibition of selling these products to individuals under 18.

The sale, possession and usage of vape products fall under the jurisdiction of the UAE Ministry of Health and Prevention (MOHAP). Although the sale of vape products is now allowed in the UAE, strict regulations are in place to protect public health and well-being.

Individuals and businesses in the UAE's vaping industry need to stay informed about regulations. To help, let's answer common questions about vaping.

Is Vaping Legal in the UAE?

Yes, vaping is legal in the UAE. In April 2019, the UAE lifted its ban on the sale of e-cigarettes, vaping devices and e-liquids, allowing them to be legally sold in the market.

However, strict regulations govern the sale, possession and usage of vape products to ensure compliance with health and safety standards.

What are the Age Limit for Purchasing Vape Products?

Under UAE regulations, the legal age for purchasing vape products is 18 years and above. Selling vape products to individuals below this age threshold is strictly prohibited and can result in legal penalties.

What are the Advertising Restrictions?

Advertising of vape products is heavily regulated in the UAE. Promotion of such products through traditional media channels, including television, radio, newspapers and magazines, is largely prohibited. Online advertising is also subject to stringent regulations to ensure compliance with the law.

Where is Vaping Allowed and Where is it Banned?

Vaping is generally permitted in designated areas such as vape shops, designated smoking areas and private residences with consent. However, it is strictly prohibited in enclosed public spaces, educational institutions, healthcare facilities, places of worship and certain outdoor areas where smoking is prohibited.

Can you Bring a Vape Product Through Dubai?

While it is legal to bring vape products into Dubai and the UAE, travellers must adhere to certain regulations. Individuals are typically allowed to bring a reasonable quantity of vape products for personal use.

However, it is advisable to check the latest regulations and restrictions before travelling to ensure compliance with customs and immigration requirements.

Do Vaping Regulations Vary Within the UAE?

Absolutely. Vaping regulations can indeed differ between emirates within the UAE. While Dubai might have its own set of laws, other emirates such as Abu Dhabi and Sharjah may implement distinct regulations.

What is the Penalty for Vaping in Dubai?

The penalties for vaping in Dubai can vary depending on the specific circumstances and the severity of the offense. In general, individuals found vaping in prohibited areas or violating other vaping regulations may face fines, confiscation of vape devices, or other legal consequences.

It is essential to adhere to the designated vaping areas and comply with all applicable regulations to avoid penalties.

The vaping industry has witnessed a remarkable surge in recent years, as more individuals are turning to e-cigarettes as an alternative to traditional smoking. This trend is particularly pronounced in the UAE.

While opinions may vary, there is ongoing debate within the Islamic community regarding the permissibility of vaping.

Some argue that vaping falls under the category of "haram" or prohibited activities due to its potential health risks and resemblance to smoking, while others may consider it permissible under specific circumstances.

Individuals should seek guidance from religious scholars for clarification on this matter.

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Dubai to Consolidate Remote Court Hearings and Inquiries into a Single Digital Platform

Dubai is currently developing a centralised digital platform that will streamline remote investigations and court hearings, promising quicker processing times and a more effective justice system.

This pioneering project, announced on Thursday as the Dubai Public Prosecution (DPP) partnered with tech solutions provider e& Enterprise, is set to be completed by 2026.

The innovative platform will provide a unified system for investigations and litigation accessible remotely. Managed by the DPP, this central hub will be interconnected with key government entities such as the Dubai Courts, Dubai Police and the General Directorate of Residency and Foreigners Affairs (GDRFA).

During investigations, the platform will coordinate appointments scheduled by prosecutors and communicate with all relevant parties. For court proceedings, it will schedule sessions and inform the police, judges, and prosecutors, providing an external link to other involved parties.

Dr Ali Humaid bin Khatam, senior advocate general and head of the Remote Investigation and Litigation System Project Team, described the platform's functionality, emphasising the establishment of state-of-the-art investigation rooms and operational rooms equipped with cutting-edge technologies.

Key features of the system include centralised storage, archiving capabilities, the ability to schedule remote interviews and reserve spaces in various locations and improved communication among prosecutors, lawyers, translators, witnesses and other involved parties while maintaining strict confidentiality and privacy standards.

The initiative aims to enhance the efficiency of investigation and litigation processes, focusing on speed, accuracy and integrity in delivering justice in the emirate.

It will also ensure operational resilience during crises, according to Dr Ali Humaid. Salvador Anglada, CEO of e& Enterprise, expressed their commitment to leveraging innovative technology to equip the platform with state-of-the-art capabilities, enhancing operational efficiency, accessibility and service quality.

This collaborative effort represents a significant step towards realising a more accessible, efficient and progressive legal system in an interconnected and rapidly evolving world.

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Dubai Probes ‘Adulteration’ in Some Indian Spice Brands: What's in Food Code 2023?

Amidst concerns over the safety and integrity of food products, Dubai Municipality has launched an investigation into allegations of adulteration within certain Indian spice brands.

With the reputation of Dubai's food industry at stake, authorities are taking swift action to address these claims and uphold the city's stringent food safety standards.

This article explores the implications of the investigation, highlighting the municipality's commitment to ensuring the quality and authenticity of food products available in the region.

Dubai Food Code 2023

In Dubai, food-related laws and regulations are overseen by the Dubai Municipality. The municipality has published a document called the Dubai Food Code, which provides guidelines and regulations for food safety and hygiene.

The Food Code aims to ensure a higher degree of compliance with food regulations and achieve a higher standard of food safety. It covers various aspects such as food handling, storage, transportation, labelling and food premises hygiene. It also provides guidance for imported and exported food products.

Richard Sprenger, Chairman and food safety expert of the Highfield Group, highlights on his LinkedIn post that “the Dubai Food Code 2023 contributes to improving global food safety”.

Federal Law No. 10 of 2015 on Food Safety

This law represents a vital framework aimed at protecting public health and the well-being of consumers, enforcing stringent standards, and imposing strict penalties on those who endanger food safety across the country.

Key Aspects of the Federal Law on Food Safety

Approval for Import: The law mandates that no food may be imported into the country for the first time without the approval of the Ministry of Climate Change and Environment. This essential requirement serves as a crucial measure in regulating the entry of food products into the UAE, ensuring their compliance with quality and safety standards.

Prohibition of Certain Food Products

Individuals or entities involved in the distribution or sale of food products containing pork, alcohol, or any of their by-products without proper permission face serious repercussions.

The law stipulates a prison term of not less than a month and a fine of up to Dh500,000, emphasising the strict enforcement to safeguard against the unauthorized circulation of these prohibited items.

Consumer Protection Measures

Stringent measures are in place to
prevent the misleading of consumers, including the publishing of false descriptions of food or the use of incorrect labels.

Violations of these provisions carry fines ranging from Dh10,000 to 100,000, aiming to maintain transparency and accuracy in product information for the benefit of consumers.

Regulatory Oversight

The law grants the Ministry of Economy the authority to impose fines of up to Dh100,000 for other offenses, provided that these offenses are regulated by the Cabinet.

This regulatory oversight underscores the commitment to upholding food safety standards and swiftly addressing any breaches, preserving the integrity of the food industry in the UAE.

Investigation on Indian Spice Brands

The discovery of Indian spice brands exceeding permissible ethylene oxide levels has raised significant concerns over food safety and quality control measures within the industry.

Ethylene oxide is classified as a potential carcinogen by various international health organisations, including the World Health Organisation (WHO) and the International Agency for Research on Cancer (IARC).

Several countries have detected and reported the presence of elevated ethylene oxide levels in spice products imported from India. This has led to product recalls, import bans and increased scrutiny of Indian spice brands in various markets.

Countries have stringent regulations governing food safety standards, and non-compliance can result in severe penalties for the companies involved.

Consumers are being advised to exercise caution and check the source and quality of the spices they purchase, especially those originating from India.

It is recommended to rely on reputable brands that adhere to rigorous quality control measures and have a proven track record of complying with international food safety regulations.

The Indian government, along with relevant authorities, is taking this matter seriously and has initiated investigations to identify the root causes of the issue. Efforts are being made to strengthen regulations and enhance monitoring systems to ensure the safety of spices exported from India.

In response to these findings, Indian spice manufacturers are urged to implement rigorous quality control measures to prevent the presence of harmful substances in their products.

This includes regular testing and analysis of raw materials, enhanced supplier audits and strict monitoring of manufacturing processes to minimise the risk of contamination.

International cooperation and collaboration between countries are crucial in addressing this issue effectively. It is essential for countries to share information and best practices to ensure the safety and well-being of consumers across borders.

Stay Informed

As consumers, it is vital to stay informed and make educated choices when it comes to food purchases. Checking product labels, seeking information about the source and manufacturing processes, and reporting any suspicious findings to relevant authorities play a crucial role in maintaining food safety standards.

The revelation that Indian spice brands have surpassed ethylene oxide limits is a stark reminder for the industry to make consumer safety a top priority and to comply with international food safety standards.

Governments, industry stakeholders and consumers must work together to establish robust systems that guarantee the highest standards of food safety and protect public health.

Conclusion

Dubai Municipality's proactive investigation into allegations of adulteration within certain Indian spice brands underscores the emirate's commitment to upholding rigorous food safety standards.

By addressing these claims, the municipality aims to ensure the integrity and quality of food products available in the region. Such measures not only protect consumer health but also contribute to the broader goal of enhancing global food safety standards.

As authorities continue to monitor and regulate the food industry, stakeholders, including businesses, consumers and regulatory bodies, must remain vigilant in their efforts to maintain trust and confidence in the food supply chain.

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Receiving Scam Messages? Here's How to Report them to Cybercrime Department

In an era where the click of a mouse can unleash chaos and havoc, the United Arab Emirates (UAE) stands at the forefront of safeguarding its digital realm.

With the rapid expansion of technology comes an inevitable rise in cybercrime, prompting the UAE to enact stringent laws and regulations to combat this evolving threat.

Zero Tolerance Policy

The UAE leaves no stone unturned in its battle against cybercriminals. Under the Cybercrime Law (Federal Law No. 5 of 2012), a comprehensive legal framework is in place to address a wide range of cyber offenses, from hacking and phishing to online fraud and identity theft.

This legislation underscores the UAE's unwavering commitment to maintaining the integrity and security of its digital infrastructure.

Swift Justice

Cybercrime perpetrators beware: the UAE justice system is swift and uncompromising. Offenders face severe penalties, including hefty fines and lengthy prison sentences, depending on the nature and severity of their crimes.

The Cybercrime Law empowers law enforcement agencies to investigate, prosecute and punish cyber offenders swiftly and effectively.

Reporting cybercrime in the UAE is a crucial step in combating digital threats and protecting yourself and others from online harm. Here's a guide on how to report cybercrime in the UAE:

Contact UAE Cybercrime Reporting Authorities

Police: The first point of contact for reporting cybercrime in the UAE is typically the police. You can reach out to the nearest police station or contact the Dubai Police Cyber Crime Department directly.

Telecommunications Regulatory Authority (TRA): The TRA oversees telecommunications and Internet-related issues in the UAE. They also handle cybercrime complaints and provide assistance and guidance on reporting procedures.

Provide Detailed Information

  • When reporting cybercrime, provide as much detailed information as possible about the incident. Include any evidence you may have, such as screenshots, emails, chat logs, or any other relevant digital files.
  •  Describe the nature of the cybercrime, including the type of offense (e.g., hacking, online fraud, phishing), the date and time of the incident and any other relevant details that can help authorities investigate the matter.

Follow Reporting Procedures

  • Follow the reporting procedures outlined by the authorities or law enforcement agencies. This may involve submitting a formal complaint in person, online, or via email, depending on the requirements of the reporting agency.
  • Be prepared to provide your personal information and contact details when making a report. This information may be necessary for follow-up inquiries or investigations.

Cooperate with Authorities

  • Cooperate fully with law enforcement authorities throughout the investigation process. Provide any additional information or assistance they may require to help resolve the cybercrime incident.
  • Stay in touch with the authorities for updates on the progress of the investigation and follow any instructions they provide regarding the handling of the case.

Seek Legal Advice if Necessary

  •  If you're unsure about how to proceed or need legal advice regarding a cybercrime incident, consider seeking assistance from a qualified legal professional or cybercrime expert.
  • They can provide guidance on your rights, legal options, and the best course of action to take in your particular situation.

Despite the challenges posed by cybercrime, the UAE remains committed to fostering innovation and digital transformation. With initiatives like the Dubai Cyber Security Strategy and the Abu Dhabi Digital Authority, the UAE aims to create a secure and resilient digital ecosystem that enables innovation while safeguarding against cyber threats.

In the digital age, cybersecurity is paramount, and the UAE stands firm in its resolve to combat cybercrime and protect its digital citizens. With robust laws, swift justice, international cooperation and a commitment to innovation, the UAE sets a shining example of proactive cybersecurity governance in the global arena.

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Dubai Grapples with Import, Export Losses Amid Floods: Insight into Legal Liabilities

Dubai, renowned for its bustling trade and commerce, has recently grappled with severe flooding, raising concerns about the impact on import and export activities and the potential legal liabilities stemming from these losses.

The unprecedented floods have disrupted transportation networks, damaged infrastructure and impeded the movement of goods in and out of the emirate. As a result, businesses involved in import and export operations are facing significant challenges, including delays, damages to goods and financial losses.

The type of insurance we need to know about when it comes to import and export:

Marine Cargo Insurance:Import products are often covered by marine cargo insurance while in transit. This insurance typically protects against loss or damage to goods during sea, air, or land transportation. In the event of floods damaging imported goods, marine cargo insurance policies may cover the losses, subject to the terms and conditions of the policy.

Amidst this crisis, questions arise regarding the legal liabilities associated with import and export losses incurred due to the floods. Several key considerations come into play:

Force Majeure Clauses: Contracts governing import and export transactions often include force majeure clauses, which excuse parties from fulfilling their contractual obligations in the event of unforeseen circumstances beyond their control.

Whether the floods constitute a force majeure event depends on the specific language of the contract and the applicable legal principles. The Abu Dhabi Court of Cassation reviewed a request to terminate a contract on the grounds of force majeure in Case Number 512 of 2021.

The court ruled that the occurrence of force majeure must be the only cause of damage in order to be excused from responsibility. The court reiterated that it is within the trial court's discretion to rule on such questions.

Negligence and Liability: If the flooding was a result of negligence on the part of government authorities or private entities responsible for maintaining infrastructure, such as drainage systems and waterways, affected businesses may have grounds to pursue legal action for damages.

Proving liability, however, can be complex and requires demonstrating a breach of duty of care and causation.

Insurance Coverage: Businesses engaged in import and export activities typically carry insurance coverage to mitigate risks associated with loss or damage to goods during transit.

Depending on the terms of their policies, businesses affected by the floods may be eligible for compensation for their losses, subject to policy exclusions and limitations.

Government Assistance and Relief: In response to the flooding crisis, government authorities in Dubai may offer financial assistance, relief measures, or compensation schemes to affected businesses.

Understanding the eligibility criteria and application procedures for such assistance is crucial for businesses seeking support in mitigating their losses. The United Arab Emirates’ cabinet approved Dh2 billion ($544.6 million) to deal with damage to homes from the rain and storm last week that left buildings and warehouses inundated and roads and highways inaccessible.

International Trade Regulations:Import and export activities are governed by various international trade regulations, including customs laws, tariffs and trade agreements.

Disruptions caused by the floods may have implications for compliance with these regulations, potentially leading to penalties or sanctions if deadlines are missed or obligations are not met.

Conclusion

As businesses in Dubai assess the impact of the floods on their import and export operations, addressing the legal aspects demands careful consideration of contractual rights, potential liabilities, insurance coverage and available avenues for recourse.

Seeking legal advice and exploring options for dispute resolution may be essential in addressing the challenges and minimising the economic repercussions of the crisis.

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Securing Legacy for Future Generations: Importance of Estate Planning in the UAE

Estate planning stands as a cornerstone of financial management, yet it frequently remains a neglected aspect, particularly among entrepreneurs and business owners.

However, in the flourishing landscape of the United Arab Emirates (UAE), characterised by its burgeoning wealth and economic dynamism, the significance of estate planning cannot be overstated.

The UAE boasts a multifaceted business environment, encompassing both civil and common law jurisdictions, along with a rich tapestry of cultural diversity. This complexity accentuates the necessity for meticulous estate planning and succession strategies. Without a well-crafted plan, entrepreneurs risk entangling their hard-earned assets in legal intricacies, potentially jeopardising their intended legacy or business continuity.

Moreover, the absence of a comprehensive estate plan can impose substantial financial burdens on businesses and families, particularly concerning the UAE's rigorous inheritance laws. Thus, proactive engagement in estate planning becomes imperative for entrepreneurs to shield their legacy and ensure the sustained prosperity of their ventures.

Reasons for Considering Inheritance Planning and Estate Planning

Mitigating Legal Complexities: The UAE's diverse legal framework, encompassing civil and common law jurisdictions, necessitates a carefully structured estate plan to navigate potential legal entanglements effectively.

Safeguarding Business Assets: Estate planning ensures the seamless transfer of business assets to heirs while minimising tax liabilities, thereby safeguarding the continuity and integrity of the business.
Compliance with Regulatory Changes:Recent regulatory developments, such as the establishment of inheritance departments and the facilitation of will registrations for non-Muslim residents, highlight the evolving landscape, emphasising the need for proactive estate planning.

Protecting Family Businesses: Given the prevalence of family-owned enterprises in the UAE, estate planning becomes indispensable for ensuring a smooth transition of leadership while balancing familial expectations and business imperatives.

Understanding Estate Planning

Estate planning encompasses a spectrum of financial and legal strategies aimed at facilitating the transfer of assets to heirs and beneficiaries, all while aligning with the owner's wishes and minimizing tax liabilities. In the UAE, estate planning assumes a distinctive character due to its diverse populace and cultural heterogeneity.

UAE's Regulatory Framework

The UAE's legal framework for inheritance draws inspiration from Sharia law, underscoring the importance of understanding local regulations and cultural dynamics. Recent legislative reforms have expanded the scope for non-Muslim residents to devise estate plans aligned with their preferences and legal systems.

Planning For Your Business

Cataloging all business-related assets, including real estate, investments, shares and intellectual properties, forms a crucial step in estate planning. Additionally, selecting a successor in family businesses demands a judicious assessment of both familial expectations and business requirements.

According to Forbes Business News, "business owners are not waiting for estate planning when they are about to retire; they are doing it much earlier considering the market situations and interests of their loved ones."

Considerations for Non-Muslim Business Owners

Dynamic regulatory changes have granted non-Muslim business owners greater autonomy in estate planning, enabling them to devise wills reflective of their preferred legal systems. However, joint assets with Muslim individuals remain subject to Sharia law, necessitating careful structuring and legal advice.

In conclusion, estate planning in the UAE emerges as a nuanced yet indispensable process, demanding a meticulous understanding of local regulations, cultural dynamics, and financial intricacies. By embracing proactive estate planning, business owners can secure their legacy and fortify the foundation of their enterprises for future generations.

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Who Covers Repair Costs in a Rental Property? Exploring Tenant Rights in the Emirates

In cases where a rented property sustains damage from severe weather conditions, determining the party responsible for covering repair costs — whether it's the landlord or the tenant — can be a legal matter. The UAE's tenancy laws have clearly outlined the repair obligations and provided insights into a tenant's potential entitlement to reimbursement or compensation.

When it comes to renting properties, understanding who is responsible for repairs is crucial for landlords and tenants.

According to Sunil Ambalavelil, principal partner at Nasser Yousuf Alkhamis Advocates and Legal Consultants, the rental laws in Dubai, Abu Dhabi and Sharjah all place the responsibility for repairs and maintenance on the landlord. Depending on your emirate of residence, here is what you need to know about the applicable rental law:

Abu Dhabi

Ambalavelil referred to Article 7 of the Abu Dhabi Rental Law - Law No. 20/2006, which states: “The landlord shall maintain the leased property to keep it fit for use and shall carry out all necessary repairs excluding rental repairs during the rental period unless otherwise agreed.”

He added that in case the tenant is deprived of using the property, they can refer to the emirate’s Rental Dispute Centre, which should be done within one month of the issue arising.

“Therefore, according to the aforementioned laws, it is the landlord’s responsibility to cover all maintenance costs unless otherwise specified in the tenancy contract. However, tenants should be mindful to engage with the court to safeguard their rights and ensure they do not forfeit the opportunity to claim what is rightfully theirs,” he said.

Ambalavelil noted that if a tenant ends up spending on maintenance work, he or she can request reimbursement from the landlord, as per the UAE’s Civil Code, specifically Article 767 (1) of Federal Law No. 5 of 1985.

“This would apply to major defects, where the tenant is deprived of beneficial occupation or enjoyment,” he added.

For minor defects, Ambalavelil referred to Article 767(2), which also gives tenants the option to attend to minor defects that require urgent attention and the landlord fails to attend to them or the tenant is unable to get hold of the landlord, after which he or she can recover the expenses from the landlord or deduct the expense from the rent due.

Dubai

“As per Dubai’s tenancy regulation – Law No. 26 of 2007, the landlord is responsible for covering all maintenance costs unless otherwise specified in the tenancy contract,” said Ambalavelil.
He added that Article 17 of the same law explains that the landlord is responsible for any defect or damage not caused by the tenant.

“If the maintenance expenses are high, the tenant has the right to seek reimbursement from the landlord, as stated in the law. However, if the tenancy contract specifies terms regarding maintenance responsibility, the terms of contract will prevail as per Article 16 of Law No. 26 of 2007. In the absence of such terms in the contract, the issue must be resolved through a maintenance case against the owner in the Rental Dispute Centre,” he said.

Sharjah

“The landlord must handle all the maintenance work during the lease period unless the parties agree otherwise,” he said. Ambalavelil explained that the emirate’s tenancy regulations – Sharjah Law No. 2 of 2007, addresses the responsibility of maintenance.

Article 9: The landlord undertakes to maintain the leased premises to remain valid for use, and to handle all maintenance work during the lease period without the necessary rental maintenance unless the parties otherwise agree.

However, Article 10 of the law also brings in the responsibility of the tenant in cases of damage, stipulating that “they must utilise the leased premises in accordance with the terms outlined in the contract and in alignment with its intended purpose or customary usage”.

“This underscores that tenants should refrain from engaging in activities that could cause damage to the property and subsequently expect the owner to bear the cost of repairs. Although Article 9 clearly implies landlord’s responsibility to take care of the maintenance of the property,” he said.

What if Landlord Refuses?

According to Ambalavelil, the tenant can take a few measures if the landlord refuses to make the necessary repairs, as per Article 8 of the emirate’s rental law, including requesting the rental dispute committee to terminate the contract or request for a rent decrease proportional to the damage.

“Hence, the law has established legal procedures that allows tenants to pursue their rights if they encounter non-cooperation from the landlord regarding property maintenance. These legal measures serve as a safeguard, ensuring that tenants are not burdened with the responsibilities that rightfully belong to the landlord,” he said.

Renters’ Insurance

While the law does protect tenants, legal experts advise them to also consider having ‘content insurance’ or tenant insurance, because it also covers the tenants’ personal belongings and provides alternative accommodation, too.

In the UAE, various insurance policies are available, offering diverse coverage options. However, they are often overlooked, leading to a lack of insurance among many tenants. When considering tenants' rights and addressing their concerns, the resolution varies based on individual circumstances and the type of insurance coverage in place.

Those tenants, who might have taken content insurance, would be covered by that insurance. In particular, all of the damages to their personal property, such as furniture, appliances and other assets, will be covered by the insurance policy. Furthermore, depending on the type of insurance policy, in some cases, insurance policies will even cover temporary accommodation.

Those tenants who did not have insurance, their recourse depends, to an extent, on the cause of the damage. If the property sustained serious damages due to the negligence by or fault of the landlord, then tenants may have a claim against the landlord for compensation of those damages.

An example of this could be when landlords ignored tenants’ earlier requests to fix or remedy certain blatant defects in the property, such as defective window or damaged roof. Even in those cases where damage to the property was due to defective construction, a tenant has a right against the landlord. This is because such damage relates to the property itself, whose obligations are attached to the right of property ownership.

However, there are certain cases where the landlord may not be legally required to cover costs. The extent of the landlord's responsibility to compensate tenants in cases where the landlord is not directly at fault may influence the amount of compensation awarded.

Tenants should also be aware of the landlord's potential defense of force majeure. Recent events such as the storm and subsequent floods in the UAE could be considered force majeure, relieving landlords of their obligations.

Force majeure refers to unforeseeable circumstances preventing contract fulfilment. Landlords may argue that the storm was a natural disaster beyond their control. The outcome regarding force majeure in UAE courts is yet to be determined.

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How to Overcome Property Handover Delays in UAE? Challenges and Solutions

When purchasing or leasing property in the UAE, timely handover is an expectation. Yet, delays can disrupt plans and cause frustration. In such instances, knowing your rights and compensation avenues is crucial.

Are you tired of facing delays in property handovers in the UAE? Look no further as we've got you covered! This article provides essential information on how to handle such delays effectively. Don't let delays ruin your dream of owning a property. Read on to find out more!

Addressing Causes and Management of Delays

There are several reasons why property handovers may be delayed, including setbacks in the construction process, issues with permits, financial constraints, or adjustments to the project timeline. While some delays may be unavoidable, developers and landlords are responsible for fulfilling their commitments to minimise inconvenience for buyers and tenants.

In the UAE, construction projects, particularly those in the public sector, frequently experience delays due to contractual, financial and technical challenges.

Construction Law in the UAE

The cornerstone of construction projects' legal framework in the UAE is the Civil Transactions Law, commonly referred to as the Civil Code. Rooted in Islamic principles, this law governs civil transactions and lays down general principles applicable to construction projects.

Legal Framework Overview

The UAE's legal system draws from three main sources of law: Federal Laws and Decrees: These laws have nationwide applicability across all Emirates, providing a uniform legal framework for construction projects.

Local Laws: Each Emirate has the authority to enact its laws, ensuring alignment with federal legislation while addressing specific regional needs and considerations.
Shariah: The legal system in the UAE is influenced by Islamic principles, which are integrated into the legal framework, particularly in matters concerning civil transactions and contracts.

Official Municipality Websites

Here is a list of official Municipality websites of each Emirate in the UAE to stay updated on legal regulations related to construction projects that can be helpful to ensure compliance with legal regulations for construction projects:

  • Al Dhafra Region Municipality
  • Abu Dhabi City Municipality
  • Al Ain City Municipality
  • Dubai Municipality
  • Sharjah Municipality
  • Municipality and Planning Department Ajman
  • Umm Al Quwain Municipality
  • Fujairah Municipality

By visiting these websites, you can access updated laws, regulations, and guidelines that are tailored to the jurisdiction of each Emirate.

Understanding Rights and Legal Protections

The UAE has regulations safeguarding the interests of property buyers and tenants facing delayed handovers which are as follows:

Developer Accountability: Developers are bound by sales and purchase agreements to deliver properties within agreed timelines. Failure to do so can lead to penalties or compensation for affected parties.
Rental Disputes Resolution: For rental properties, each emirate's Rental Disputes Centre (RDC) facilitates fair resolutions between landlords and tenants, offering a transparent process to seek compensation for delays.
Termination Options: In cases of significant delays, buyers and tenants may terminate contracts and seek refunds. However, contract terms vary, so reviewing agreements is essential.
Exploring Compensation Solutions:When confronted with handover delays, consider these compensation options:
Lease Extension: Tenants can negotiate with landlords to extend leases until handover, ensuring uninterrupted accommodation.
Financial Reimbursement: Buyers and tenants may seek compensation for incurred losses, covering additional rent, relocation expenses, storage fees, or related costs.

Navigating Contracts and Legal Recourse

Here are some legal recourse options you can explore in the event of delays in construction projects:

Review Contract Terms: Check for penalty clauses specifying compensation for delays.
Legal Action: If negotiations fail, legal recourse is available. Consulting a real estate lawyer can guide you through the process.

Managing Off-Plan Property Delays

Confirm Payments and Paperwork: Ensure all dues are settled and paperwork is complete to avoid delays stemming from overlooked tasks.
Site Evaluation: Visit the project site to assess progress and understand reasons for delays, engaging with developers for insights.

While property handover delays pose challenges in the UAE, proactive awareness of rights and compensation avenues can mitigate their impact. Regular contract reviews, legal consultations when needed and open communication with involved parties are vital. In complex situations, seeking legal assistance ensures a smooth, lawful resolution

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Labour Day Special: Exploring the UAE Labour Law and its Implications for UAE Workers

As we mark Labour Day worldwide, it's crucial to ponder the rights and safeguards extended to workers, especially within the ever-evolving legal landscape of the United Arab Emirates (UAE). This article delves into the legal ramifications for employees in the UAE, drawing insights from the UAE Labour Law and spotlighting 10 essential facts that every worker should be aware of.

Employment Contracts

Under the UAE Labour Law, every employment relationship must be documented with a written contract outlining terms and conditions, including salary, working hours and job responsibilities. This contract serves as a crucial legal safeguard for both employers and employees.

Working Hours

The standard working week in the UAE is capped at 48 hours, with a maximum of eight hours per day. However, certain industries may have different working hour regulations, so it's vital for employees to be aware of their specific sectoral requirements.

Overtime Pay

Employees who work beyond regular hours are entitled to overtime pay, which is calculated based on the regular hourly wage plus a premium. The UAE Labour Law specifies the rates for overtime work, ensuring fair compensation for employees' additional efforts.

Annual Leave

Workers in the UAE are entitled to annual leave, with the duration varying depending on the length of service. Employees with less than one year of service are entitled to two days of leave per month worked, while those with more than one year of service are entitled to 30 days of leave per year.

Public Holidays

The UAE observes several public holidays throughout the year, during which most businesses and government offices are closed. Employees are entitled to full pay on public holidays, with certain exceptions depending on the nature of the work.

End of Service Gratuity

Upon completion of service, employees are entitled to end-of-service gratuity, also known as severance pay. The amount is calculated based on the employee's length of service and last drawn salary, providing financial security upon termination of employment.

Termination of Employment

The UAE Labour Law outlines specific procedures and conditions for the termination of employment contracts, protecting the rights of both employers and employees. It's crucial for workers to understand their rights in case of termination and seek legal advice if needed.

Health and Safety

Employers in the UAE are required to provide a safe working environment for their employees, adhering to health and safety regulations outlined in the UAE Labour Law. Employees have the right to refuse work that poses a risk to their health or safety.

Discrimination and Harassment

The UAE Labour Law prohibits discrimination and harassment in the workplace based on factors such as gender, nationality, religion, or disability. Employers are obligated to foster a respectful and inclusive work environment, free from discrimination and harassment.

Legal Remedies

In the event of disputes or violations of their rights, employees in the UAE have access to legal remedies through the Ministry of Human Resources and Emiratisation (MoHRE) or the Labour Court. Seeking legal assistance can help employees navigate complex employment issues and uphold their rights under the law.

As we celebrate Labour Day, let us recognise the contributions of workers in the UAE and reaffirm our commitment to upholding their rights and protections under the law. By fostering a fair and equitable work environment, we can ensure the well-being and prosperity of all workers in the UAE.

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UAE Universities Enhance Legal Programmes for Law Graduates' Job Prospects

 

In a strategic move aimed at enhancing the employability and career prospects of law graduates, universities in the United Arab Emirates (UAE) are set to revamp their legal programmes.

The initiative comes as part of ongoing efforts to align academic curricula with the evolving needs of the legal industry and ensure that graduates are equipped with the requisite skills and knowledge to excel in their careers.

The decision to overhaul legal programmes was reached during a recent meeting between representatives from the Ministry of Education and leading law firms in the UAE. The gathering served as a platform for constructive dialogue and collaboration between academia and industry stakeholders to identify key areas for improvement and devise actionable strategies to bridge the gap between theory and practice in legal education.

Commenting on the initiative, Dr Fatima Al Nuaimi, Assistant Undersecretary for Academic Affairs at the Ministry of Education, underscored the ministry's commitment to fostering excellence in legal education.

"As part of our ongoing efforts to enhance the quality and relevance of higher education programs, we are collaborating closely with law firms and other industry partners to ensure that our legal programs are aligned with the needs of the legal profession," said Dr Al Nuaimi.

"By revamping our legal curricula, we aim to empower law graduates with the skills, competencies, and practical experience needed to thrive in today's dynamic legal landscape," she added.
Representatives from leading law firms echoed the ministry's sentiments, emphasising the importance of academic-industry collaboration in shaping the future of legal education.

"The legal profession is constantly evolving, and it is essential for academic institutions to adapt their programmes to reflect the changing demands of the industry," said Vaisak Unnikrishnan, Senior Legal Associate at NYK Law Firm, one of the top legal consultants in UAE. "By working closely with universities, we can ensure that graduates are well-prepared to meet the challenges of the legal profession and contribute meaningfully to the legal community."

Key areas identified for enhancement include practical skills development, experiential learning opportunities and specialised training in emerging areas of law such as technology, intellectual property and alternative dispute resolution.

Additionally, there is a strong emphasis on fostering critical thinking, problem-solving and ethical reasoning skills among students to equip them with a well-rounded foundation for success in the legal field.

Moving forward, stakeholders are committed to ongoing collaboration and dialogue to implement the proposed reforms and monitor their effectiveness in improving the quality and relevance of legal education in the UAE.

By harnessing the collective expertise and insights of academia and industry, the aim is to empower law graduates with the tools and knowledge they need to excel in their legal careers and make meaningful contributions to society.

(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)

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Helping Hand: Dubai SME Unveils Financial Assistance for Businesses Hit by Floods

Mohammed Bin Rashid Establishment for Small and Medium Enterprises Development (Dubai SME), a subsidiary of the Dubai Department of Economy and Tourism (DET), has unveiled an initiative to assist businesses impacted by recent adverse weather conditions.

The initiative aims to offer financial aid through newly introduced interest-free loans, along with grace and deferment periods for existing loans obtained by Emiratis who own small and medium-sized enterprises (SMEs).

This effort seeks to bolster ongoing recovery endeavours and stabilise businesses affected by the adverse weather conditions witnessed in the UAE recently.

The launch of this initiative by the Mohammed Bin Rashid Fund for SME, a division of Dubai SME, is a response to the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister and Ruler of Dubai, to address the aftermath of the unprecedented rainfall in the UAE.

Furthermore, the initiative is part of the continuous monitoring and guidance of His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of the Dubai Executive Council, ensuring comprehensive oversight of all developments related to this issue, and facilitating the swift recovery of all sectors.

The Mohammed Bin Rashid Fund for SME operates under Dubai SME to propel the development and diversification of the local and national economy.
Under this special incentive for Dubai SME members, eligible companies can access interest-free loans of up to Dh300,000, with a grace period ranging from 6 to 12 months, to repair or replace damaged properties crucial for the smooth operation of their businesses.

This underscores the Fund’s commitment to supporting affected SMEs in overcoming challenges, further solidifying Dubai SME's role in fostering economic sustainability within the SME community.

Moreover, the new initiative offers interest-free business loans for material damages and defers loan repayments for affected business owners who are Dubai SME members.

This aids in easing the financial burden and covering the costs of repair and replacement operations to expedite business resumption and minimise disruptions to regular operations, while also supporting the local economy. This is crucial given the significant role SMEs play in revitalising and developing Dubai’s economy.

Abdul Baset Al Janahi, CEO of Dubai SME, stated: “Under the guidance of His Highness Sheikh Mohammed bin Rashid Al Maktoum and the diligent oversight of His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum to overcome all challenges, we are collaborating with our partners to explore avenues for mitigating the effects of the recent weather conditions that have impacted the country, facilitating a swift recovery.”

Affected Dubai SME members can submit the necessary documents to the Fund’s designated relief financing committee through the website of the Mohammed bin Rashid Fund for SME www.thefund.ae or by contacting the customer service center at 600 555 559.

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Thinking of Starting Quran Classes? Here's a Guide to Penalties and Regulations

In the United Arab Emirates (UAE), establishing Quran classes is a noble endeavour but one that requires adherence to specific laws and regulations.

Aspiring educators and community leaders must navigate a process governed by legal frameworks to ensure compliance and uphold standards of quality and safety.

Recent updates have underscored the importance of understanding the legalities surrounding Quran classes, with penalties of up to Dh50,000 for non-compliance.

To shed light on this crucial topic, we delve into the laws, penalties and processes involved in starting Quran classes in the UAE. The UAE government has established clear guidelines for the establishment and operation of Quran classes to maintain quality standards and ensure the safety of participants.

These regulations encompass various aspects, including licensing, curriculum, facilities, and instructor qualifications. Establishing Quran classes in the UAE requires adherence to a structured process outlined by the relevant authorities.

Prospective organisers must obtain the necessary licenses and approvals, develop a curriculum in accordance with Islamic teachings, and ensure the suitability of facilities and instructors.

Obtain Necessary Licences and Approvals

Before commencing Quran classes, organisers must obtain the required licences and approvals from the relevant government authorities. This may involve submitting an application, providing documentation and undergoing inspections to verify compliance with regulations.

Develop a Curriculum

The curriculum for Quran classes should align with the teachings of Islam and cater to the needs of participants. It may include Quranic recitation, memorisation, understanding of Islamic principles and character development. Organisers are encouraged to seek guidance from religious scholars and educational experts in developing the curriculum.

Ensure Suitable Facilities

The facilities where Quran classes are conducted must meet certain standards to ensure the safety and comfort of participants. This includes adequate space, appropriate amenities and adherence to health and safety regulations. Organisers should prioritise creating a conducive learning environment for students.

Qualifications of Instructors

Instructors leading Quran classes should possess the necessary qualifications, including knowledge of Quranic recitation and interpretation, teaching experience and proficiency in Arabic.

They play a crucial role in imparting knowledge and nurturing the spiritual growth of participants. Establishing Quran classes in the UAE is a commendable initiative that requires careful consideration of legal requirements and adherence to established guidelines.

By understanding the laws, penalties and processes involved, aspiring educators and community leaders can contribute to the promotion of Islamic education while ensuring compliance with regulations.

As the UAE continues to uphold its commitment to fostering religious and educational opportunities, individuals and organisations are encouraged to approach the establishment of Quran classes with diligence and respect for the law.

In doing so, they contribute to the enrichment of society and the preservation of Islamic values.

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Planning a Hindu Marriage in the UAE? Legal Requirements and Considerations

In the UAE, Hindu marriages are usually governed by personal status laws and regulations that vary depending on the emirate. While Hindu marriages are not officially recognised by the UAE government, couples often undergo a religious or cultural ceremony to mark their union. However, there are certain legal requirements that couples may need to fulfill, which can include:

Documentation: Couples may need to provide certain documents, such as passports, birth certificates, and a no-objection certificate (NOC) from their respective consulates or embassies.

Registration: Some emirates require Hindu marriages to be registered with the relevant authorities. This registration process may involve submitting a marriage application along with the required documents.

Legalisation: In some cases, couples may need to have their marriage certificate legalised by the UAE Ministry of Foreign Affairs or the relevant embassy or consulate.

Validity of the Marriage: It's essential to ensure that the marriage ceremony adheres to the customs and rituals recognized by Hindu tradition. Additionally, couples should consult with legal experts or religious authorities to understand the validity of their marriage under Hindu law.

Consent: Both parties must consent to the marriage without coercion or duress. Consent is a fundamental requirement for the validity of any marriage.

Age Requirements: In the UAE, the legal age for marriage is generally 18 years old. However, there may be exceptions for minors under certain circumstances, such as parental consent and approval from the courts.

Witnesses: Witnesses may be required to attest to the marriage ceremony. These witnesses must be of legal age and have the capacity to understand the significance of their role.

It's crucial for couples planning to marry in the UAE to consult with legal experts or religious authorities familiar with the local laws and customs to ensure they fulfill all necessary requirements.

Additionally, couples may consider obtaining legal advice from professionals specializing in family law or international marriages.

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Profiting From Crisis: Legal and Moral Perspectives on Price Gouging in the UAE

‘One Room for Dh8,000 a Night: Some UAE Hotels Raise Prices as Floods Leave Residents Stranded’; ‘Dh600 Towing Cost: Motorists Face Increased Prices After Abandoning Cars Amid Floods’ – These were among the recent headlines in UAE media following the floods that wreaked havoc across the UAE.

While the recent catastrophe saw people unite to support those in distress and the government introduce measures on a war footing, some took advantage of the crisis situation to make a quick profit.

In the aftermath of the flash floods in the UAE, a contentious issue has emerged – price gouging by some businesses, especially hotels. As residents grappled with the natural disaster, reports surfaced of exorbitant room rates, leaving many stranded and questioning the morality and legality of such actions.

What are the moral and legal dimensions of price gouging in the UAE, particularly in light of Federal Law No. 15 of 2022 on consumer protection?

Price gouging refers to the practice of raising prices excessively during times of high demand or emergency situations, often to exploit consumers' urgent needs. In the context of the recent floods, reports have highlighted instances of hotels charging exorbitant rates for accommodation, with some rooms reportedly priced as high as Dh8,000 per night.

From a moral standpoint, price gouging raises ethical concerns about fairness, exploitation and social responsibility. In times of crisis, such as natural disasters, communities rely on businesses to act ethically and prioritise the well-being of consumers over profit maximisation.

Price gouging undermines trust and solidarity within society, as it exacerbates the vulnerability of those already facing hardship.

Legal Framework

In the UAE, Federal Law No. 15 of 2022 on consumer protection serves as a cornerstone for regulating business practices and protecting consumers' rights. The law prohibits unfair commercial practices that harm consumers, including price manipulation and exploitation.

Article 8 of the law explicitly prohibits price gouging, stating that businesses must not exploit consumers' circumstances to charge prices significantly higher than the market value of goods or services.

Enforcement and Penalties

Under Federal Law No. 15 of 2022, businesses found guilty of price gouging can face severe penalties, including fines, suspension of activities and even closure of establishments. The law empowers regulatory authorities to investigate complaints of price gouging and take appropriate enforcement actions to ensure compliance with consumer protection regulations.

Call for Accountability

In light of the reported instances of price gouging by hotels in the wake of the floods, there is a growing call for accountability and transparency in the hospitality sector. Consumers, advocacy groups and regulatory authorities are urging business establishments to adhere to ethical pricing practices and comply with legal obligations to protect consumers' rights.

Price gouging in the UAE, particularly in the aftermath of natural disasters, raises complex moral and legal questions. While businesses have a duty to operate profitably, they must also uphold ethical standards and respect consumers' rights.

As the UAE continues to prioritise consumer protection and fair business practices, it is imperative for all stakeholders to work together to combat price gouging and promote a fair and just marketplace for all.

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You Can Start a Business in UAE While Employed, but Avoid Conflict of Interest

Is it possible for employees to start their own business while still being employed?

Yes, you can start a business in the UAE while working full-time; however, it's important to ensure that your business activities do not conflict with your employer's.

Obtaining a No Objection Certificate (NOC) from your employer might be necessary, but the decision to grant it rests with your employer.

Whether you need an NOC depends on the licensing agency and its specific requirements. If your business activities overlap with those of your employer, they may include a non-compete clause in your employment contract, prohibiting you from starting a similar business without their permission.

There are various factors to consider regarding whether your employer can prevent you from starting a business. If you choose to establish your venture in certain free zones where an NOC is not required, you won't need your employer's permission.

However, they may decline your request due to concerns about competition, protecting trade secrets, or compliance with regulations.

Thanks to changes in UAE law, many free zones no longer require employed individuals to obtain permission from their current employer. When you approach a free zone to obtain a licence, they will inform you whether you need an NOC from your current employer.

The regulations outlined in Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, along with those in Cabinet Resolution No. 1 of 2022 concerning the Executive Regulations of Federal Decree-Law No. 33 of 2021, apply in this context.

If an employee wishes to establish or join an entity in the UAE, whether as a partner or shareholder, they must obtain an NOC from their employer.

This requirement ensures compliance with employment regulations and should be fulfilled before commencing any business activities.

Furthermore, if the employee's proposed business activities overlap with their current role, their employer may perceive it as competition.

In such cases, the employment contract may include a non-competition clause, as stipulated in Article 10(1) of the Employment Law.

This clause outlines restrictions on the employee's ability to engage in similar business activities after their employment contract expires, typically for a period of up to two years.

However, the applicability of the non-competition clause can be waived if both parties agree in writing or under specific circumstances outlined in Article 12(4) of Cabinet Resolution No. 1 of 2022.

Moreover, Article 12(5) of the same resolution provides exemptions from the non-compete clause under certain conditions.

These include scenarios where compensation is provided to the former employer, termination occurs during the probationary period, or specific professional categories are determined by the ministry to be exempt from such restrictions.

Under Article 10 of the new UAE Labour Law, if your job gives you access to your employer's clients or trade secrets, they can include a non-compete clause in your contract.

This clause specifies the duration, location, and type of work you're restricted from engaging in after your contract ends, typically for up to two years.

The UAE has enacted new legislation concerning part-time and flexible work arrangements. Part-time employees now have explicit rights, including pro-rated vacation leave.

The legislation also recognises the possibility of remote work or starting a business with the employer's approval.

Additionally, under the new laws, resigning employees are entitled to a full end-of-service gratuity after completing at least one year of service.

Previously, this benefit was only available after five years of service. When you leave your job, your previous employer cannot prevent you from pursuing your business interests.

However, it's crucial to consider the potential impact on your current visa status before taking any action.

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Major Surge in Trademark Registrations in UAE Reflects Growing Investor Confidence

The UAE has experienced a notable surge in trademark registrations during the first quarter of 2024, showing a 64 per cent increase compared to the same period last year.
This rise underscores the growing confidence among investors in the nation's innovative entrepreneurial landscape.

In Q1 of 2024, the UAE recorded a total of 4,610 trademark registrations, up from 2,813 in the corresponding period of 2023, according to official data published by the Ministry of Economy.

Trademark experts and analysts view this surge as a positive indicator for the UAE's business community, reflecting increasing investor confidence in the nation's economy and business climate.

Sunil Ambalavelil, partner and legal consultant at NYK Law Firm, emphasised that trademark registration is crucial for safeguarding intellectual property rights, enabling businesses to differentiate their products and services in the market.

"By registering a trademark, businesses can prevent others from using their brand name, logo, or slogan, establishing a unique identity in the marketplace," Ambalavelil explained.

"This not only fosters brand recognition and customer loyalty but also enhances the value of their offerings."

He further stated: "The uptick in trademark registrations in the UAE demonstrates growing awareness among businesses about the importance of protecting their intellectual property rights. It also signifies confidence in the country's legal framework and enforcement mechanisms, which are critical for safeguarding trademarks and other intellectual property assets."

Shulka Chavan, legal associate at Kaden Boriss, highlighted the UAE's efforts to strengthen intellectual property laws and regulations in recent years. "This increase in trademark registrations is a testament to the effectiveness of these measures," said Chavan.

"It signals growth driven by innovation and is likely to boost business confidence in the UAE, promoting increased competition, innovation, and foreign investment, thereby driving overall growth and prosperity."

During March alone, 2,018 new brands were recorded in the UAE, spanning various sectors such as smart technology, transportation, food and beverage, pharmaceuticals, medical devices, finance and real estate. The trend continued with 2,592 trademarks registered in January and February, demonstrating sustained growth in trademark registrations.

In 2023, there was a substantial increase in trademark registration applications, rising by 9.6 per cent compared to 2022. Additionally, there was a 29.5 per cent increase in the registration of intellectual works.

The Ministry of Economy received 3,415 patent applications in 2023, marking a 19.5 per cent increase from 2022. The total number of registered patents reached 5,108 in 2023, up by 13.7 per cent.

Earlier this year, the Ministry of Economy introduced a new intellectual property (IP) system comprising 11 integrated initiatives aimed at fostering innovation and creativity. Abdulla bin Touq Al Marri, Minister of Economy, emphasised the significance of intellectual property for economic growth and highlighted the UAE's commitment to becoming a global hub for innovation.

According to legal experts, the UAE's adherence to international treaties and agreements, such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights, strengthens its trademark registration system and enhances international cooperation in trademark enforcement.

They noted that the UAE has established effective mechanisms to protect trademark rights and combat infringement, offering civil remedies like damages, injunctions, and seizure of infringing goods, as well as criminal penalties for trademark counterfeiting and piracy.

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Understanding UAE's Corporate Laws: FAQs on Federal Decree-Law (32) of 2021 Answered

Federal Decree-Law No. (32) of 2021, enacted on 20/09/2021, revolutionises the regulatory framework for commercial entities in the United Arab Emirates.

This law emphasises governance, shareholder protection and economic growth, setting high standards for corporate operations.

Here are your FAQs based on Federal Decree-Law No. (32) of 2021 which we have covered.

What is Federal Decree-Law No. (32) of 2021 About?

This decree law pertains to commercial companies in the United Arab Emirates, aiming to regulate various aspects such as governance, shareholder rights protection, foreign investment facilitation, and corporate social responsibility.

Which Companies Fall Under the Jurisdiction of this Decree-Law?

The Decree law applies to commercial companies established within the UAE. Additionally, its provisions extend to foreign companies establishing their head office, branch, or representative office in the UAE for conducting business activities.

Are there any Exemptions to the Application of this Decree-Law?

Yes, certain companies are exempted, including those wholly owned by the Federal or Local Government, companies operating in specific sectors like energy, and entities exempted under special federal laws or Cabinet decisions.

How Can Companies Exempted from this Decree-Law Adjust their Situation if they Engage in Certain Activities?

Exempted companies may need to adjust their status if they sell shares to the public, offer shares for public subscription, or list their shares on financial markets within the UAE.

What are Special Purpose Acquisition Companies (SPACs) and Special Purpose Vehicles (SPVs) Mentioned in the Decree-Law?

SPACs are public joint-stock companies approved by the Authority with the sole purpose of acquiring other companies, while SPVs are entities established to segregate obligations and assets for specific financing operations. Both types have special provisions outlined in the decree-law.

Who Oversees the Implementation of this Decree-Law?

The Ministry of Economy, along with other relevant authorities such as the Securities and Commodities Authority, plays a role in enforcing the provisions of this Decree-Law.

How Does this Decree-Law Contribute to the Development of the UAE's Economic Landscape?

By establishing clear regulations on governance, shareholder protection and foreign investment, this Decree-Law aims to enhance the business environment, bolster economic capabilities and align with global standards.

What are the Objectives Outlined in Article 2 of the Decree-Law?

The objectives include fostering development in the business environment, enhancing corporate governance, protecting shareholder and partner rights, promoting foreign investment inflow and encouraging corporate social responsibility.

How are Strategic Partners Defined within the Context of this Decree-Law?

Strategic partners refer to those who provide beneficial support to a company in terms of technical, financial, operational, or marketing aspects, as outlined in the provisions of the Decree-Law.

How are Decisions Made within Joint-stock Companies According to the Decree-Law?

Special decisions within joint-stock companies require a majority vote of shareholders who collectively own at least three-quarters of the shares represented in the general assembly meeting.

Federal Decree-Law No. (32) of 2021 signifies a crucial stride towards modernising UAE's commercial regulations. By prioritizing transparency and facilitating investment, this law paves the way for a vibrant and sustainable business environment.

Its implementation underscores the UAE's commitment to fostering economic development and attracting global enterprises

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Comprehensive vs. Third-Party Insurance: Which Option is Most Suitable for Your Needs?

Auto insurance is a critical aspect of owning a vehicle, offering protection and financial security in case of unforeseen events.

When it comes to insuring your vehicle, you have two primary options to choose from --third-party insurance and comprehensive insurance. Each comes with its own set of benefits and considerations. Let's delve into understanding the differences between the two and how to select the best option for your needs.

Comprehensive Insurance

Comprehensive insurance is an optional plan that provides both third-party liability and own-damage coverage. This type of insurance offers extensive protection against various risks, including accidents, natural disasters, theft and more. In addition to covering damages to third-party life or property, comprehensive insurance also safeguards your vehicle from unforeseen events.

Third-Party Insurance

As mandated by The Motor Vehicles Act, third-party insurance is compulsory for all vehicles in India. This type of insurance provides coverage for damages or losses incurred by third parties due to your vehicle. 

While it offers basic financial and legal assistance in case of accidents, it primarily focuses on protecting third parties rather than your own vehicle.

Differences Between Comprehensive and Third-Party Insurance

The main disparity between comprehensive and third-party insurance lies in their coverage. While third-party insurance protects only against damages to others, comprehensive insurance covers both own vehicle damage and third-party liabilities. Here's a comparative analysis to help you understand better.

Own Damage Cover

Comprehensive insurance protects your vehicle against damages caused by accidents, theft, natural calamities and more, ensuring financial security in case of unforeseen events.

Add-ons

With comprehensive insurance, you have the option to customise your plan with add-ons such as zero depreciation, roadside assistance and engine protection, providing additional layers of protection.

Exclusions in Comprehensive Insurance

Before purchasing comprehensive insurance, it's essential to understand the exclusions. Common exclusions include expired policies, failure to follow traffic rules, fraudulent activities, consequential damages and non-purchase of required add-ons.

Why Choose Comprehensive Insurance?

Comprehensive insurance offers extensive coverage, ensuring financial security for both third-party liabilities and own vehicle damages. It provides peace of mind, flexibility and mandatory compliance with insurance laws.

Selecting the Best Insurance Policy

When choosing between comprehensive and third-party insurance, consider factors such as your insurance requirements, vehicle usage, policy fine print and the reputation of the insurer. Ensure that the policy aligns with your needs and offers adequate coverage.

Auto insurance is a crucial investment that provides financial protection and peace of mind. While third-party insurance is mandatory, comprehensive insurance offers extensive coverage, including own vehicle damages. 

By understanding the differences between the two and assessing your needs, you can make an informed decision and select the best insurance policy for your vehicle.

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Lost Your Licence Plate in Heavy Rains? Here's Your Roadmap to Replacement

 

Heavy rains have recently battered several regions across the UAE, and residents are now grappling with the aftermath of the inclement weather. Among the myriad challenges faced by motorists, losing a licence plate during heavy rains ranks high on the list.

Here is a comprehensive guide on how to navigate the process of applying for a replacement licence plate, ensuring you can swiftly get back on the road legally and safely.

Report the Loss to Authorities

The first crucial step in the process is to report the loss of your licence plate to the relevant authorities. Contact your local police station or traffic department immediately to inform them of the situation. They will provide you with a report confirming the loss, which is essential for initiating the replacement process.

Gather Required Documentation

Once you've filed a report with the authorities, gather all necessary documents for the replacement application. This typically includes your Emirates ID, vehicle registration card and a copy of the police report confirming the loss of the licence plate.


Visit the Traffic Department or Customer Service Centre

Armed with the requisite documents, make your way to the nearest traffic department or customer service centre. Locate the designated counter for license plate replacement and submit your application along with the required documentation.

Pay the Replacement Fee

Be prepared to pay a replacement fee at the time of submitting your application. The fee amount may vary depending on your location and specific circumstances. Ensure you have the necessary funds available to cover the cost.

Await Processing and Notification

Following the submission of your application and payment of the replacement fee, the traffic department will process your request. This typically involves verifying your documents and issuing a new licence plate.

Await notification from the authorities regarding the status of your application and the availability of your new licence plate.

Collect Your Replacement Licence Plate

Upon notification of approval, proceed to the traffic department or customer service centre to collect your replacement licence plate. Ensure you bring along your Emirates ID and any other required documentation for verification purposes.

Losing your licence plate during heavy rains can be a daunting experience, but with the right guidance and proactive steps, obtaining a replacement is entirely feasible.

By promptly reporting the loss to authorities, gathering the necessary documentation and following the prescribed application process, motorists can expedite the replacement process and resume their travels with ease.

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Is Your Vehicle Rain-damaged? Now, Get Your Insurance Claim Certificate Using Police App

Severe rainfall in the UAE has caused significant damage to vehicles, resulting in the need for insurance claims to cover repairs or replacements. However, managing these claims can be overwhelming due to extended wait times and extensive paperwork.

Thankfully, technological advancements have simplified the process of certifying insurance claims. In this article, we will discuss how you can expedite the certification of your rain-damaged car insurance claim using police apps, making the entire process quicker and more efficient.

You can expedite the certification of your rain-damaged car insurance claim using police apps, making the entire process quicker and more efficient.

Understanding the Importance of Certification

When filing an insurance claim for rain-damaged cars in the UAE, it's essential to have your claim certified by the police. This certification serves as official documentation of the damage and is required by insurance companies to process your claim.

Police Apps

Police apps have revolutionised the way individuals can interact with law enforcement agencies in the UAE. These apps allow users to report incidents, request services and even file insurance claims for vehicle damage directly from their smartphones.

Steps to Certify Your Insurance Claim Using Police Apps

Download the App: Start by downloading the official police app relevant to your emirate, such as Dubai Police, Abu Dhabi Police, or Sharjah Police.
Report the Incident: Navigate to the "Report Incident" or "File a Report" section within the app and provide details about the rain damage to your car, including the location, time and extent of the damage.
Upload Supporting Documents: You may be asked to upload photos or videos of the damage, as well as your vehicle registration and insurance documents.
Receive Certification: Once your report is submitted, a police officer will review the details and, if necessary, visit the location to assess the damage. Upon verification, you will receive a certified police report confirming the rain damage to your car.

Benefits of Using Police Apps for Insurance Claims

Convenience:With police apps, you can file your insurance claim from the comfort of your home or office, eliminating the need to visit a police station in person.
Efficiency: The streamlined process of filing claims through police apps helps expedite the certification process, allowing you to receive your certified report quickly.
Accuracy: By providing detailed information and supporting documents through the app, you can ensure the accuracy of your insurance claim, reducing the likelihood of delays or disputes.

Tips for a Smooth Certification Process

  • Ensure all relevant information and documentation are complete and accurate before submitting your claim.
  • Follow up with the police department or insurance company if you haven't received certification within a reasonable timeframe.
  • Familiarise yourself with the features and functionalities of the police app to maximise efficiency.

In conclusion, rain-damaged car insurance claims in the UAE can be certified easily and conveniently using police apps. By leveraging technology and following the steps outlined above, you can streamline the certification process and expedite your insurance claim, getting your vehicle back on the road sooner.

Don't let rain damage dampen your spirits – take advantage of police apps to ensure a hassle-free claims experience.

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Safeguard Your Home Against Disasters: The Legal Guide to House Insurance in the UAE

In the UAE, where heavy rains and unpredictable weather pose significant risks to homes, securing adequate house insurance is essential for homeowners. Insuring your house not only protects against damages from natural disasters like flooding and storms but also provides coverage for theft, fire and other unforeseen events.

Understanding the legalities and regulations set by the UAE Insurance Authority is crucial for navigating insurance options effectively. This guide breaks down key considerations, including types of policies available, coverage details, documentation requirements, premium factors, claims processes and the importance of seeking legal assistance when needed.

Ensure your home is safeguarded against unexpected challenges with comprehensive house insurance tailored to your needs.

Understanding Insurance Regulations

The UAE Insurance Authority (IA) regulates the insurance sector in the country, overseeing the licensing, operation, and supervision of insurance companies.
Insurance companies offering house insurance must comply with the regulations and guidelines issued by the IA to ensure transparency, fairness and consumer protection.

Types of House Insurance Policies

Homeowners in the UAE can choose from various types of house insurance policies tailored to their needs, including:

Building Insurance: Covers the structure of the house against damage or loss caused by perils such as fire, natural disasters, and vandalism.
Contents Insurance: Protects personal belongings and household items inside the house against theft, damage, or loss.
Comprehensive Home Insurance:Combines building and contents insurance, providing comprehensive coverage for both the structure and contents of the house.

Coverage and Exclusions

It's essential to understand the coverage and exclusions of your house insurance policy before purchasing. Typical coverage includes damage or loss due to fire, lightning, explosion, storm, flood, burglary and accidental damage. Exclusions may vary but commonly include acts of war, terrorism, wear and tear and intentional acts.

Documentation and Application Process

To insure your house in the UAE, you'll need to provide certain documents and information to the insurance company, including:

  • Title deed or proof of ownership of the property.
  • Details of the property's construction, including its size, materials used and age.
  • Estimated value of the property and contents to be insured.
  • Any additional features or security measures installed in the house.

Once you've submitted the required documents, the insurance company will assess the risk associated with insuring your house and provide you with a quotation based on the coverage requested.

Premiums and Payment

House insurance premiums in the UAE are typically calculated based on factors such as the value of the property, its location, construction type and the level of coverage.
Premiums can be paid annually, semi-annually, or monthly, depending on the terms agreed upon with the insurance company.

Claims Process

In the event of damage, loss, or theft covered by your house insurance policy, you'll need to file a claim with the insurance company. The claims process may involve providing documentation, such as a police report for theft or damage assessment reports for property damage.

Once the claim is approved, the insurance company will compensate you for the covered losses or damages as per the terms of your policy.

Legal Assistance

If you encounter any legal issues or disputes related to house insurance in the UAE, it's advisable to seek legal assistance from a qualified lawyer or legal advisor familiar with insurance laws and regulations in the country.

By understanding these legalities and following the proper procedures, you can ensure that your house is adequately insured and protected against unforeseen events in the UAE.

(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Legal Initiatives: UAE Battles Counterfeit Medical Products, Bolsters Cosmetic Regulations

In recent years, the UAE has taken decisive regulatory steps to confront the pervasive issue of counterfeit medical products, a threat that extends to the burgeoning cosmetic landscape.

During festive occasions, the application of traditional mehendi remains a cherished tradition. However, concerns have emerged over the increasing use of black or white henna, often laced with synthetic chemicals that can be harmful to the skin.

A prominent dermatologist has recently sounded the alarm about the risks posed by these chemicals, highlighting adverse effects on skin health. Synthetic alternatives found in black or white henna, such as PPD (paraphenylenediamine), present substantial health hazards.

Some products contain PPD levels far surpassing safe thresholds seen in hair dyes, leading to redness, swelling, blistering, painful chemical burns and scarring.

Combatting Counterfeit Medical Products

In parallel to these concerns over cosmetics, the broader issue of counterfeit medical products poses a significant risk to public safety. Consumers must remain vigilant and proactive to avoid falling victim to counterfeit medicines and devices.

Globally, counterfeit medical products are a persistent challenge, with alarming figures showing that approximately 1 in 10 medical items in low- and middle-income countries is falsified (World Health Organisation).

These misrepresented medications, intentionally mislabelled in terms of identity and origin, can have dire consequences, including treatment failure, drug resistance and fatalities.

UAE's Response

The UAE, like many nations, faces the influx of counterfeit medicines with growing apprehension. Despite robust enforcement efforts, counterfeit medications, particularly lifestyle drugs, persist in infiltrating the market, posing a grave risk to public health.

In response to this escalating threat, the UAE has intensified its efforts to combat counterfeit medical products. In recent years, enforcement agencies have tightened scrutiny of medical supplies, resulting in substantial seizures of fraudulent goods.

Collaborative operations involving law enforcement bodies such as Dubai Police and the Dubai Department of Economic Development have yielded the confiscation of millions of counterfeit medical masks, thermometers and related items.

Technological Innovations

The UAE has embraced innovative technologies and initiatives to bolster its anti-counterfeit capabilities. The Department of Health (DoH) has introduced a device capable of swiftly detecting counterfeit medicines, enhancing inspection efficiency.

Furthermore, plans for a new app to identify counterfeit medical products in the UAE market underscore the government's unwavering commitment to safeguarding public health.

 

Legislation in the UAE for Counterfeit Medical Products

The UAE has implemented stringent laws to deter individuals involved in the production, distribution, or sale of counterfeit medical products. The Federal Trademarks Law and Pharmacy Law impose severe penalties, including imprisonment and hefty fines, on offenders.

Under Article 37 of the Trademarks Law, penalties include imprisonment and a fine of not less than Dh5,000 for dealing with counterfeit products. Article 110 of the Pharmacy Law imposes penalties of imprisonment and/or fines ranging from Dh200,000 to Dh1,000,000 for falsifying or imitating medical products.

Cosmetic Products Regulation in the UAE

The United Arab Emirates (UAE) boasts a vibrant cosmetic industry, offering consumers a diverse range of beauty and personal care products. To ensure the safety and quality of these products, the UAE has established robust regulatory measures overseen primarily by two key administrative bodies: The Dubai Municipality (DM) and the Emirates Authority for Standardisation and Metrology (ESMA).

These organisations play a pivotal role in setting regulatory standards for cosmetic products entering the UAE market. In line with international best practices, the UAE adheres to the unified regulations for cosmetics established by the Gulf Cooperation Council (GCC).

This harmonised regulatory framework requires cosmetic products to undergo registration with both the DM and the ESMA before they can be launched in the market.

The registration process entails the submission of detailed information on the product's formulation, labelling requirements and safety assessments.

Labelling of Cosmetic Products

The labelling of cosmetic products in the UAE is meticulously regulated to ensure transparency for consumers. Labels must be presented in both Arabic and English, featuring clear instructions for use, pertinent safety warnings and other essential information.

Products containing specific substances must comply with corresponding labelling requirements.

To uphold compliance with quality standards and consumer safety, the DM and the ESMA conduct thorough testing and evaluation of cosmetic products.

The Emirates Conformity Assessment Scheme (ECAS) further certifies products that meet regulatory requirements, providing consumers with assurance of quality and safety.

The UAE has taken significant steps to address the problem of counterfeit medical products, leveraging both technological advancements and legislative measures.

The aim is to eliminate counterfeit medical products from the market and safeguard the health and well-being of its citizens and residents.
Similarly, the UAE prioritises safety, quality and transparency in the cosmetic industry.

Cosmetic manufacturers are mandated to adhere to Good Manufacturing Practice (GMP) guidelines, ensuring high-quality standards throughout the production process.

Rigorous evaluations by the DM and the ESMA certify cosmetic products as safe and compliant before they are made available to consumers.

(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)

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Establishing Accountability for UAE Building Fire/Collapse: Legal Options and Recourse

In the wake of a devastating fire that swept through a high-rise building in Al Nahda, UAE, claiming the lives of five individuals and leaving 44 injured, with 17 in critical condition, urgent questions arise about accountability and legal liability.

The fire erupted on Thursday, April 4, at 9:30 pm, shrouding the community in tragedy. Emergency responders swiftly evacuated 156 residents, including 18 children, to safety. However, the grim toll of casualties and injuries underscores the gravity of the situation and the pressing need for accountability for the building fire.

Who Bears the Responsibility?

In the UAE, negligent property owners of industrial and commercial buildings face the legal burden of firefighting costs in the event of a fire. This stringent measure is designed to discourage owners from disregarding fire safety standards and ensure compliance with the latest building regulations in the UAE.

Owners found to be non-compliant with fire safety standards are held accountable for all expenses associated with extinguishing the blaze, encompassing firefighting efforts and fines for regulatory violations.

Determining accountability in such tragedies involves a thorough investigation into the cause of the fire and whether any negligence or violations of safety regulations contributed to its escalation. Building owners, property managers, maintenance personnel and relevant authorities may be held legally accountable if lapses in fire safety protocols are identified.

What are the Legal Issues Involved?

Legal issues arising from a building fire may encompass violations of building codes, safety regulations and duty of care obligations towards residents. Civil lawsuits for wrongful death, personal injury and property damage could be pursued against liable parties found negligent in ensuring adequate fire prevention and emergency response measures.

How can Victims of Building Fire Get Compensation?

Victims of building fire and their families may seek compensation through legal avenues such as filing civil lawsuits against responsible parties or negotiating settlements for damages incurred. Additionally, insurance claims for medical expenses, loss of income, and property damage may be pursued to alleviate financial burdens resulting from the tragedy.

What can Tenants Do?

Tenants are encouraged to report any violations observed on the building premises to Civil Defence for appropriate action against the owner.

What is the Role of Insurance Companies?

Insurance companies are prohibited from processing fire insurance claims for establishments that do not meet safety regulations without Civil Defence approval. Any violation of these rules by insurance companies renders them liable in case of fire-related accidents.

Stricter fire prevention measures are being adopted in the UAE to prioritise the safety of individuals and maintain a peaceful environment in commercial and industrial buildings. With stringent measures in place to hold negligent property owners accountable for firefighting costs and promote adherence to fire safety norms, the UAE is steadfast in its commitment to safeguarding the lives and properties of its residents.

(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)

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Demystifying Evidence in UAE Courts: Your Complete Guide to How Cases Are Decided

In legal procedures and under UAE Law of Evidence, evidence is generally defined as any information presented by either party to support their position, with the objective of enabling the courts to definitively determine or decide the case.

Courts across the UAE, including those in Dubai and Abu Dhabi, carefully review the evidence presented in cases before the trial begins. This is essential to ensure that the trial is fair and based on solid facts.

In civil cases, the court examines the evidence to determine its relevance and credibility. The court's decision on the evidence guides the trial process.

In criminal cases, the prosecutor assesses whether there is sufficient evidence to proceed to trial by reviewing all the evidence and making a determination. Based on this assessment, the case may either proceed to trial or be dismissed.

During criminal trials, witnesses may be asked to share their knowledge at different stages, such as when the complaint is made, during questioning by the prosecutor, and during the trial itself. This process helps in establishing all relevant facts.

In civil trials, witness questioning is less common, typically occurring only during the trial itself, not before. Before the trial, the prosecutor reviews all the evidence to determine whether there is enough to proceed to trial. If not, the case may be dismissed.

However, in civil trials, evidence is typically considered during the trial itself, not beforehand.

The Federal Law No. 10 of 1992 on Evidence in Civil and Commercial Agreements governs and regulates the use of evidence in civil and commercial cases in the UAE (Evidence Law). It outlines the methods and rules for presenting written evidence, utilising oral witnesses, expert testimony, and other relevant topics in the UAE Law of Evidence.

During the trial, the court evaluates different types of evidence to better understand the case. This includes:

  • Written Evidence: Official documents and customary documents are considered written evidence. Official documents are those endorsed by a government official or public authority, while customary documents are those signed or acknowledged by the involved parties.
  • Testimony of Witnesses: Witnesses provide statements about the facts they know, which aids in understanding what transpired. Witness testimony is a crucial part of the evidence.
  • Presumptions and Evidence of Accomplished Facts: Certain facts can be presumed true based on evidence or circumstances. These presumptions contribute to understanding the case.
  • Admission and Examination of the Adversaries: Both parties present their arguments and evidence to support their claims. The court assesses these arguments to render a fair decision.
  • Oaths: In some cases, oaths may be taken to affirm the truthfulness of statements or promises made.
  • Observation and Proof of Circumstances: The court may consider the circumstances surrounding the case to understand the context and render a judgment.
  • Expertise: Expert testimony may be sought in cases requiring specialised knowledge to understand the evidence.
    Checking evidence before trial is crucial to ensuring a fair trial and protecting everyone's rights.

(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)

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Thousands Join Fundraiser to Save Keralite from Saudi Death Row with Rs340M Blood Money

The deadline loomed like the sword of Damocles, but astonishingly, it took just four days for people in the South Indian state of Kerala to channel their compassion and rally together, raising an astounding Rs34 crore (15 million Saudi riyals) to save a man from the state from the gallows in Saudi Arabia.

In a remarkable display of solidarity, people in Kerala have joined forces to save Abdul Rahim, a native of Kozhikode. His only chance for survival is to pay the blood money of 15 million Saudi Riyals, roughly equivalent to Rs34 crore, before April 18, 2024.

Rahim has spent 18 years behind bars in Saudi Arabia for allegedly causing the death of a Saudi boy in 2006. Until five days ago, the action committee formed to work for Rahim's release had only managed to raise a modest amount. However, as the deadline approached, the campaign intensified, and support poured in from Keralites worldwide, the action committee reported on Friday.

Local sources claim that Rahim was imprisoned in 2006 after accidentally causing the death of a specially-abled boy under his care. He was sentenced to death in 2018 when the Saudi boy's family declined to grant amnesty.

Blood Money Offer

Members of the action committee informed the media that although appeals were rejected by higher courts, the family later agreed to pardon Rahim upon payment of 'blood money.'

Commending the spirit of the people of Kerala, state Chief Minister Pinarayi Vijayan hailed this as the "Real Kerala Story" of compassion and justice. "In the face of relentless hate campaigns targeting Kerala, the indomitable spirit of Malayalis shines through, uniting to uphold our state's resilience and compassion," Vijayan remarked.

"Abdul Rahim's ordeal, a Kerala man facing execution in Saudi Arabia, embodies this resilience. With Rs34 crore raised for his release, Kerala's commitment to its people and values is crystal clear, dispelling divisive falsehoods."
"

Gratitude to all who joined hands for this humanitarian cause. Together, we will continue to share the Real Kerala Story of compassion and justice," Vijayan concluded.

Tireless Effort

The action committee, addressing the media in Kerala, disclosed that over 75 organisations in the Gulf region, along with Kerala-based businessman Bobby Chemmannur and various political groups in the state, worked tirelessly in the final days to meet the deadline.

"A multitude of ordinary people contributed whatever they could, and all helped us raise the required funds," a committee member stated.
Rahim's mother expressed astonishment at the amount raised, stating, "I never imagined we could gather Rs34 crore, as we lacked the means. Yet somehow, it became possible."

The committee confirmed that all transactions were conducted through a mobile application created for crowd-sourcing, ensuring transparency.

Chemmannur organised multiple events in recent days to raise funds, even arranging the sale of one of his products and donating the proceeds to the cause. He has also pledged to offer Rahim a job upon his return to the state.

(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)

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UAE Sees Surge in Crypto Adoption Amid Progress in Regulatory Safeguards

 

The UAE is emerging as a leading destination for crypto growth, attracting institutional investors and financial giants.  Crypto giants like Crypto.com, Coinbase, Paxos, Laser Digital, and Circle have established a presence in the country.

The UAE offers a welcoming environment for businesses and investors, which is why the country boasts six regulators issuing crypto licences, providing a clear regulatory framework for operating companies. Dubai Virtual Asset Regulatory Authority and the Abu Dhabi Global Market have introduced regulations to facilitate the operation of decentralised crypto companies and the issuance of digital tokens.

Furthermore, the UAE Central Bank has eased the process for legitimate crypto businesses to open bank accounts, addressing a significant challenge faced by crypto multinationals.

Locally, crypto adoption is growing, with customers using cryptocurrencies for everyday transactions such as dining at restaurants or purchasing groceries through apps like Talabat. Although the business climate seems promising, companies might still encounter obstacles due to stricter regulations and rules.

Let's dive into the details of cryptocurrency regulations in the UAE to make it easier for you to understand.

Key Regulatory Measures

In November 2020, the Securities and Commodities Authority (SCA) issued Decision No. 23 of 2020, which outlines regulations for crypto asset activities. These regulations cover the listing, offering, trading, and issuing of digital assets within the onshore UAE.

The law categorises virtual assets and sets requirements for marketplaces, custodian services, exchanges and crowdfunding platforms, along with related financial services.
The Securities and Commodities Authority (SCA) is the primary regulatory body overseeing this domain, playing a pivotal role in formulating and enforcing regulations.

Recognising the importance of investor protection and market integrity, the SCA has classified certain cryptocurrencies as securities, subjecting them to existing securities laws and regulations.

Providers of crypto assets must be licensed by the SCA and comply with AML/CFT, data protection, and cybersecurity laws. They are only permitted to operate in onshore UAE, Dubai International Financial Centre (DIFC), or Abu Dhabi Global Market (ADGM).

To operate within the UAE, cryptocurrency enterprises must secure a licence from the SCA and comply with activities such as exchanges and wallet services. Moreover, stringent Anti-Money Laundering (AML) and Know Your Customer (KYC) protocols are mandatory to curb illicit activities and ensure robust customer verification processes.

The Role of the Financial Services Regulatory Authority (FSRA)

While not exclusively tailored to cryptocurrencies, the Financial Services Regulatory Authority (FSRA) of Abu Dhabi Global Market (ADGM) has played an important role in crafting a regulatory framework for various fintech endeavors, including cryptocurrencies.

Regulating ICOs and Token Offerings

The UAE imposes regulations on Initial Coin Offerings (ICOs) and token offerings, necessitating approval from the SCA and adherence to securities regulations.

Cryptocurrency AML Regulations in the UAE

In a recent case, a gang in Dubai was convicted for orchestrating a Bitcoin scam worth Dh10 million. The group had targeted over 180 victims across the UAE through a social media advertisement campaign. Each member of the gang was fined over Dh321,000 for illegally obtaining money and conducting virtual assets without proper licensing.

Victims reported being duped out of Dh321,000 after the gang promised to double their investments through a crypto wallet scheme. The UAE has taken proactive steps to regulate money laundering activities in the cryptocurrency market. In November 2020, the Securities and Commodities Authority (SCA) issued Decision No. 23 of 2020, which outlines regulations for crypto asset activities.

These regulations cover the listing, offering, trading, and issuing of digital assets within the onshore UAE. The law categorises virtual assets and sets requirements for marketplaces, ICOs, custodian services, exchanges, and crowdfunding platforms, along with related financial services.

Despite the UAE government's efforts to protect crypto assets from money laundering, criminals continue to exploit technology for illegal activities at a faster rate than technological advancements in the crypto space.

However, UAE regulators are making progress in implementing protective laws, emphasising the importance of identifying red flags promptly to foster growth and innovation in the crypto space, which indicates promising prospects for the future economy.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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Dubai Establishes Authority to Resolve Conflicts Between DIFC Courts, Judicial Bodies

In his role as the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, issued Decree No. (29) of 2024 concerning the ‘Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in the Emirate of Dubai’.

The Decree applies to all judicial bodies in Dubai, including the Court of Cassation, the Court of Appeal, the Court of First Instance and any future courts established under Dubai's Judicial Authority. It also extends to the DIFC Courts.

Under this Decree, the name of the Judicial Tribunal for Dubai Courts and DIFC Courts will change to the ‘Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in Dubai’, as required by Dubai's legislation.

The Authority will be chaired by the President of the Court of Cassation at Dubai Courts, with the Deputy Chief Justice of DIFC Courts serving as Deputy Chairman. Other members include the Secretary General of the Dubai Judicial Council, the Presidents of the Court of Appeal and the Court of First Instance at Dubai Courts and two judges from DIFC Courts appointed by the Chief Justice.

The Chairman of the Authority has the authority to appoint a Secretary-General from Dubai's judicial bodies. The Authority's responsibilities include determining the appropriate court for disputes, specifying enforceable judgments in conflicts and carrying out tasks assigned by the Ruler of Dubai or the Chairman of the Dubai Judicial Council. Decisions made by the Authority are final and not subject to appeal.

Moreover, the legal principles set by the Judicial Authority in its decisions under this Decree are binding on all courts, including DIFC Courts. Conflicting rulings can be appealed through established legal channels.

The Chairman of the Dubai Judicial Council will issue the necessary decisions to implement this Decree, replacing Decree No. (19) of 2016 concerning the Judicial Tribunal for the Dubai Courts and DIFC Courts.

The Decree supersedes any contradictory legislation and will be published in the Official Gazette, coming into effect the day after its publication.

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Be Prepared to Pay Up to Dh1million in Fine if You Violate UAE Tobacco Control Law

Federal Law No. 15 of 2009, also known as the Tobacco Control Law, is a significant legislation enacted in the United Arab Emirates (UAE) to regulate the production, sale, advertisement and use of tobacco and tobacco products.

The law aims to protect public health by reducing tobacco consumption, preventing underage smoking, and mitigating the harmful effects of second-hand smoke. So let's delve into some frequently asked questions about this law and its implications.

FAQs Related to Federal Law No. 15 of 2009:

Is smoking prohibited by law in the UAE?

Federal Law No. 15 of 2009 on Tobacco Control sets forth stringent regulations governing the importation, sale, advertising, and use of tobacco and tobacco products to uphold public health standards.

As per the law, smoking is strictly prohibited in enclosed public areas. However, exceptions are made for religious areas, educational institutions, and health and sports facilities, where designated smoking areas may be established under the supervision of the Competent Authority, per the regulations outlined in the law.

What are the Key Provisions of UAE Federal Law No. 15 of 2009 Tobacco Control?

The law prohibits various activities related to tobacco, including importing tobacco products that do not meet UAE standards, advertising or promoting tobacco products, selling tobacco products to individuals under 18 years old, and smoking in public areas and enclosed spaces.

Additionally, it regulates the packaging of tobacco products and mandates the display and sale of tobacco products only in designated areas.

Is Chewing Tobacco Legal in the UAE?

Chewing tobacco, like other forms of tobacco, is regulated by UAE laws and regulations. Federal Law No. 15 of 2009 encompasses all forms of tobacco and tobacco products, imposing restrictions to protect public health.

Is Smoking While Driving Allowed in the UAE?

Smoking while driving a private car containing a child under the age of 12 years is prohibited under Federal Law No. 15 of 2009 on Tobacco Control. The law aims to prevent exposure to second-hand smoke and promote safer environments, especially for children.

Are there Designated Smoking Areas in the UAE?

Yes, designated smoking areas are established in certain public places, subject to the regulations outlined in Federal Law No. 15 of 2009 and its executive regulations. However, smoking is prohibited in enclosed public areas, educational institutions, healthcare facilities and places of worship.

What are the Penalties for Violating Specific Articles of Federal Law No. 15 of 2009?

Article 13 states that violating the rules dealing with the importation, advertising, sale and use of tobacco and tobacco products can result in imprisonment for not less than one year and a fine ranging from Dh100,000 to Dh1,000,000. Repeat offenders may face imprisonment for not less than two years and a fine of not less than Dh1,000,000.

What Penalties Apply to Violations of Articles (3) and (4) of Federal Law No. 15 of 2009?

According to Article 14), individuals who violate the rules dealing with advertising campaigns, promotional events, sponsorship agreements, or any other means aimed at encouraging the use of tobacco may be fined between Dh100,000 and Dh1,000,000. The penalty may be doubled for repeat offenses.

What is the Penalty for Non-compliance with the Orders of the Competent Authority as per Article (15)?

Article 15 states that failure to comply with the orders of the Competent Authority may result in a fine ranging from Dh50,000 to Dh200,000. Repeat offenders may face imprisonment for up to one year and a fine of not less than Dh200,000.

What are the Consequences of other Contraventions of Federal Law No. 15 of 2009?

Any other contravention of the law may result in an immediate fine of Dh500 for reconciliation. If reconciliation is not possible, the incident will be referred to the criminal court, and the penalty may range from Dh3,000 to Dh10,000. Multiple contraventions will lead to multiple penalties.

Federal Law No. 15 of 2009 plays a crucial role in regulating tobacco use and promoting public health in the UAE. By enforcing strict regulations on the production, sale, advertising and use of tobacco products, the law aims to reduce tobacco consumption and mitigate the adverse health effects associated with smoking.

Understanding and adhering to these regulations, which include significant fines and penalties for violations, are essential for individuals and businesses to ensure compliance and contribute to a healthier society in the UAE.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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UAE President Clears up to Dh155m in Pupil Debt at Government Schools

UAE President His Highness Sheikh Mohamed has taken decisive action to alleviate the financial burden on pupils attending government schools in the UAE by clearing up to Dh155 million in outstanding fees.

The directive, issued by President His Highness Sheikh Mohamed, aims to relieve pupils living in the Emirates of owed fees, particularly those enrolled in government schools.

While government education is predominantly free for most pupils, up to 20 per cent of students are subject to fees. Benefiting from this initiative are pupils registered at government-run schools, with the debt accrued up to the academic year 2023-2024 set to be eradicated, as reported by the state news agency Wam.

The initiative will be executed in collaboration with the Emirates School Education Foundation. In the UAE, government-run schools offer free education to pupils who meet specific criteria, including Emirati children, UAE passport holders, citizens of GCC countries and children of individuals holding decrees issued by Sheikh Mohamed.

For those not falling within these categories, government school attendance is possible for a tuition fee of Dh6,000, provided certain conditions are met and acceptance is granted:

  • Registration is limited to Years 2 through 12.
  • The guardian must be employed in a government, semi-government, or local entity.
  • The pupil's grades in Arabic, English, and mathematics must not fall below 85 per cent.
  • Both the pupil and their guardian must possess valid residence permits.
  • The proportion of expatriate pupils should not exceed 20 per cent in each government school and class.

Instruction at government schools is predominantly conducted in Arabic for all subjects, with English taught as a secondary language.

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UAE Has Tough Measures to Stub Out Smoking, With Special Focus on Protecting Minors

 

According to statistics from the World Health Organisation (WHO), tobacco claims the lives of over eight million individuals annually, with approximately 1.3 million non-smokers succumbing to the effects of second-hand smoke.

Health experts in the UAE emphasise that exposure to second-hand smoke poses significant health risks to non-smokers, including children, particularly in confined spaces.

Despite smoking being prevalent among residents in the UAE, the emergence of e-cigarettes and vapes has made it easier to access alternative smoking methods and tobacco-related products.

UAE legislation has instituted stringent measures to combat smoking, particularly around minors, and regulate the sale of tobacco-related products.
Smoking is strictly prohibited in enclosed public areas, educational institutions, healthcare facilities, places of worship, and certain outdoor areas.

It is also illegal to sell tobacco and vape products to individuals under the age of 18. Violating these laws may lead to fines, penalties, or other legal consequences.

Here is an overview of the laws related to smoking and tobacco products.

Federal Law No. 3 of 2016

Federal Law No. 3 of 2016 concerning child rights, also known as Wadeema's Law, forbids the sale or attempt to sell tobacco or tobacco products to children. Sellers are obligated to verify the purchaser's age, ensuring they are at least 18 years old.

Additionally, smoking in public or private transportation means and indoor places in the presence of a child is strictly prohibited. Violators face fines starting at Dh5,000.

Additional Prohibitions under Federal Law No. 15 of 2009

This law prohibits and penalises various smoking-related activities, including:

  • Selling tobacco products to individuals under 18.
  • Smoking in private cars when a child under 12 is present.
  • Smoking in houses of worship, educational institutions, health and sports facilities.
  • Selling sweets resembling tobacco products.
  • Operating automatic vending equipment and devices for tobacco distribution.
  • Tobacco advertisement.

Penalties for Tobacco Sales to Minors

Those found selling or attempting to sell tobacco products to minors confront severe penalties, including a minimum prison sentence of three months and/or fines not less than Dh15,000. Sellers are mandated to verify the purchaser's age, ensuring they are at least 18 years old.

This penalty also applies to individuals selling or attempting to sell alcoholic beverages or any other hazardous materials to minors, prioritizing the protection of children's health and well-being.

Here are some commonly asked questions related to smoking and tobacco products by people in the UAE:

Is smoking prohibited by law in the UAE?

Yes, smoking is prohibited by law in the UAE. Federal laws and regulations strictly govern smoking, including vaping, and aim to protect public health and well-being.

Smoking is banned in enclosed public spaces, educational institutions, healthcare facilities, places of worship, and specific outdoor areas. Additionally, selling tobacco and vape products to individuals under 18 is illegal.

What is UAE Federal Law No. 15 of 2009 Tobacco Control?

UAE Federal Law No. 15 of 2009, known as the Tobacco Control Law, outlines comprehensive regulations concerning tobacco usage. This law prohibits various smoking-related activities, including selling tobacco products to individuals under 18, smoking in private cars with children under 12 present, smoking in specific areas like houses of worship and educational institutions, selling tobacco-like sweets, operating tobacco vending machines, tobacco advertisements and smoking in enclosed public spaces. It aims to promote public health and reduce the prevalence of smoking-related illnesses.

Is chewing tobacco legal in the UAE?

Chewing tobacco, like other forms of tobacco, is regulated by UAE laws and regulations. While specific laws may vary, tobacco consumption in any form is generally subject to restrictions to protect public health. It is advisable to familiarise oneself with the relevant laws and regulations regarding tobacco usage in the UAE.

Is smoking while driving allowed in the UAE?

Smoking while driving is not explicitly prohibited by UAE law. However, smoking in private cars with children under 12 present is prohibited under Federal Law No. 15 of 2009 Tobacco Control.

Additionally, smoking in private vehicles may be restricted in certain circumstances or locations, such as enclosed parking lots or designated non-smoking areas.

It is essential to adhere to relevant laws and regulations to ensure compliance and promote road safety and public health. While smoking is a personal choice, it's crucial to recognise the importance of abiding by laws and respecting the cultural norms in the UAE.

Understanding UAE's smoking and tobacco laws is essential for both residents and businesses to ensure compliance and contribute to a healthier society. By adhering to these regulations, individuals not only fulfill their legal obligations but also play a vital role in promoting public health and well-being in the UAE.

(The writer is a legal assocuate at Dubai-based NYK Law Firm)

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Starting April 1, Landlords in Dubai Need Legal Order to Seek Rent Re-evaluation

Starting April 1, 2024, Dubai landlords are required to obtain a legal order before seeking a rent re-valuation.
Dubai landlords still have the option to apply for a rent re-valuation through the Real Estate Regulatory Authority (RERA) if they believe they are entitled to a higher rental rate than suggested by the updated Rental Index.

However, they must adhere to new requirements set by the RERA, which mandate the attachment of a judgment or legal order to their re-valuation request. This requirement applies to all rent re-valuation requests made from April 1, 2024 onwards.

According to the Ejari portal, landlords must initiate the process through the Rental Dispute Centre (RDC) and file a case to obtain the necessary legal order.

Previously, landlords could apply for a rental evaluation to adjust their rental rates based on the outdated calculator.

This recent change marks a shift from the previous practice where landlords could pay a fee to the Dubai Land Department for rental valuations, as noted by property management firm Allsopp & Allsopp Group.

The updated RERA Rental Index calculator now serves as the sole reference for calculating rental increases, following its update on March 1, 2024. Consequently, landlords are no longer permitted to raise rental prices above the benchmark provided by the calculator.

While landlords retain the option to request re-evaluations, the process for obtaining a revaluation certificate has undergone modifications, according to a statement from Allsopp & Allsopp.

Anisha Sagar, Director of Property Management at Allsopp & Allsopp Group, highlighted the significance of this change, citing that as of the first quarter of 2024, approximately 72,885 rental contracts have been renewed in Dubai, involving 145,770 tenant and landlord decisions.

Given this substantial volume, utilising the RERA calculator as the definitive source for rental adjustments is deemed logical.

The introduction of legal requirements ensures that valuation changes are scrutinised fairly against the updated calculator, providing assurance to both landlords and tenants alike.

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Popular Raffle Draw Big Ticket Services Halted Citing Regulatory Compliance

Abu Dhabi's Big Ticket Raffle Draw will halt operations starting April 1, in alignment with UAE regulatory gaming requirements, the Abu Dhabi-based raffle draw announced on Monday.

Despite this pause, the scheduled live draw for series 262 will proceed on Wednesday, April 3, featuring the distribution of all prizes, including a guaranteed grand prize of Dh10 million.

Additionally, Dream Car draws for Maserati Ghibli and Range Rover Evoque, originally slated for May 3, will also occur during this event.

Last year, Big Ticket awarded a total of Dh246,297,071 in prizes. The most recent winner, Dubai-based Indian expat Mohammad Shereef, intends to share his Dh15 million jackpot with 19 friends.

Following suit with other major raffle draw operators, Big Ticket's cessation of operations complies with directives from the UAE Gaming Regulatory Authority (GCGRA), which aims to foster a socially responsible gaming environment.

GCGRA oversees regulatory activities, licensing, and the responsible development of commercial gaming.

Big Ticket expressed gratitude to its customers for their unwavering support and pledged to maintain transparency, responsibility, and integrity in prize distribution.

Updates regarding the resumption of operations will be communicated through official channels, with a commitment to swiftly return to normal business.

During the pause, customers will be unable to access their accounts, but full access will be restored once operations resume. Big Ticket ensures the security and guarantee of all previously won prizes.

While no specific timeline for resuming business was provided, customers can contact Big Ticket customer support for inquiries or assistance at +971022019244 or help@bigticket.ae.

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‘Thank You, UAE’, Movie Buffs and Expat Fans Shower Praise on Govt for Goat Life Release

From Thursday onwards, movie enthusiasts in the UAE unite in gratitude towards the authorities for granting approval for the release of the pan-Indian film, The Goat Life, which was not authorised for screening in theatres in other GCC countries.

Starring Prithviraj, The Goat Life debuted simultaneously in Malayalam, Tamil, Telugu, Kannada and Hindi in theaters across the UAE.

Despite it being Ramadan time, theatres in the UAE experienced significant attendance, even for late-night shows. Many were eager to attend the first screening. Some had doubts about whether the film, which portrays an Arab as the antagonist to the protagonist Najeeb, would ever be permitted for screening in any Gulf countries. However, many are still left wondering how the authorities sanctioned the screening of such a film.

A Great Experience

"It’s a great step as far as the UAE is concerned, as the rulers of this country never hesitate to absorb the necessary changes the time demands. It’s a great joyful experience and big relief for the moviegoers in the UAE that they can also watch one of the biggest dream projects of the Malayalam film industry at the same time as it is watched in India," said Sameer Ali, a cinematographer who works for Malayalam films as well as films produced in the UAE.

Sameer Ali, Cinematographer

"The UAE government’s careful and well-studied approach to the various modern-day art forms is an emulative example for many countries," said Prasad Enathil, who works as a supervisor at Tack and Track company.

Prem Raj, who works for a private firm, was short of words to praise UAE authorities for allowing the screening of a film that discusses even some negative aspects of Arabs. "Will this magnanimity happen in any other countries?" he asked.

Vivekanandan Ennazhiyil, an outdoor salesman in a private firm, is apprehensive about a change in attitude among Arabs after watching this film. "Will they lose their love and affection towards us after watching this?" he asked.

Vivekanand Ennazhiyil, Prasad Enathayil, Prem Raj

But he was quick to add: "Though the cruel sponsor in the film is an Arab, the person who showed the path to escape out of the desert is an African Arab, and the rich person who took Najeeb to safety in his luxury car was also an Arab, which means that the film tries to depict all aspects of human beings, regardless of nationality."

Sahad from Thiruvananthapuram, who works in a real estate company in Dubai, was struggling to come out of the hangover created by the film in his mind.


 

Sahad

"I have never watched a film like this. The enchanting Arabian desert and its various hues have captured my mind," he said, adding that earlier films like Sameer and Gaddama, that had similar aspects about Arabs, were not allowed to be screened, while The Goat Life got the clearance of the authorities in the UAE.

GCC Countries Yet to Make a Decision

The Goat Life was released on March 28 in the UAE theatres along with the rest of the world, though other GCC countries are yet to make a decision on the release.

Recently, the Bollywood movie Fighter, starring actors Hrithik Roshan and Deepika Padukone, was banned in the UAE, as was the case with the Malayalam movies ‘Gaddama’ and ‘Sameer’ a few years back, indicating that they were in violation of the regulatory framework of the UAE.

The Goat Life delves into the challenges faced by a migrant labourer working as a goatherd in Saudi Arabia. Given the sensitive nature of certain themes depicted in the film, there was concern about potential backlash or suspension in the UAE. The portrayal of the struggles of migrant workers and life in Saudi Arabia could have attracted scrutiny in the UAE too, highlighting the ongoing tension between artistic expression and cultural considerations.

Goat Life is a survival drama film written, directed, and co-produced by famous Indian director Blessy. The film is an international co-production involving companies in India and the United States.

It is an adaptation of the 2008 Malayalam novel Aadujeevitham by Benyamin, which he claims is based on a true incident.

The film stars Prithviraj Sukumaran as the protagonist Najeeb, an Indian immigrant labourer from Kerala who finds himself forced into slavery as a goatherd on a secluded farm in Saudi Arabia.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.

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From Mumbai to the UAE: DJ's Fight for Justice Against a Cake and a Conspiracy

The family of a 37-year-old DJ from Mumbai is gearing up to appeal his 25-year prison sentence in the UAE following a drug-related conviction in Sharjah.

An appellate court in Sharjah had rejected in last November the appeal filed by the DJ, who was purportedly framed in a drugs smuggling case by a Borivali-based baker and his associate.

The DJ, also a Borivali resident, was arrested in Sharjah on February 6 and sentenced to 25 years’ imprisonment after he was found carrying a cake laced with drugs.

Wife's Faith

The DJ’s wife expressed her unwavering faith in the UAE's legal system while speaking from Mumbai to a prominent UAE-based daily. She emphasised her belief that justice will ultimately prevail. Her optimism stems from a Mumbai Police report suggesting that husband was framed by a baker and an accomplice who employed similar tactics on multiple individuals.

Police Investigation

According to Mumbai Police, the baker deceived unsuspecting victims into unknowingly transporting drugs to the UAE, subsequently alerting local authorities about the contraband. In April, the Mumbai police’s Crime Branch had arrested the baker and his associate for framing a famous actress using a similar modus operandi.

The case against the actress was dropped and she was released from the Sharjah jail after the Mumbai police arrested the baker and his associate and provided all the documents to her lawyer to produce in the Sharjah court.

The appellate court has, however, refused to accept the evidence collected by the Crime Branch in the DJ’s case and has dismissed his appeal.

The Cake Laced with Drugs

The Crime Branch investigation revealed that on January 28, the DJ received a call from a person, who told him that he was from a recruiting agency and wanted to offer the DJ a job at their club in Sahara Star, for which he would have to give a demo to his bosses in Dubai.

The DJ met this person the next day at a coffee shop to discuss the offer. After accepting the job, he was to leave Mumbai in the early hours of February 6, a few hours after his nine-year-old daughter’s communion, which was also attended by the Borivali baker. The recruiting agency man called up the DJ after the function and asked to meet him at the gate of ITC Hotel on the way to the airport to pick up a cake to be sent to his bosses.

“The recruiting agency guy had earlier said that he would accompany the DJ but said he had to cancel his trip at the last minute,” says the DJ’s wife.
The DJ left his house at 12.30 am on February 6 and went to pick up the cake from the agency man, who specifically told him to put the cake inside his luggage.

At 2.30 pm, when baker went to the DJ’s house to pick up his wallet which he had purportedly left there, the DJ’s wife received a message from the agency man’s number that her husband had been arrested in Sharjah for being in possession of drugs.

The baker then pretended to make a few calls and told the DJ’s wife that the authorities in Sharjah were demanding ₹80 lakh to release him. “I asked him (the baker) to talk to my brother-in-law but he refused, saying that his name should not be revealed.

Till March 25, he kept calling me on WhatsApp, telling me to arrange for the money for my husband’s release, which had by then fallen to ₹15 lakh. It sounds like a movie plot, but it was an extremely well-planned frame-up. We did not even think of foul play,” she says.

Well-planned Frame-up

The Dj’s wife had known the baker’s girlfriend through work since 2012 and was introduced to him in 2018. “When they broke up, he had called my husband to help patch things up, as he wanted to marry her,” she said. “He even invited us to a farmhouse in Vajreshwari for a weekend to thank us for our help.”

The baker’s girlfriend was earlier married to his cousin and had a son from the marriage. This son, according to the DJ’s wife, would often remark that the DJ reminded him of his father, which had irked the baker. “Throughout the trip to the farm, the baker was furious. He also felt that it was bizarre that the DJ reminded the child of his father.”

This reportedly was the reason the baker sought revenge and framed the DJ, just as he had framed the actress earlier on account of a disagreement with her.

Remaining Hopeful

The DJ’s wife disclosed to the Dubai daily that they have provided her husband’s legal team in the UAE with the confession and call records, which indicate that the tip-off to Sharjah authorities regarding the drugs originated from the baker's number.

Describing the profound impact on their family, she mentioned their daughter and the DJ’s bedridden father, both deeply affected by the situation.
Recounting the events leading to her husband’s arrest, she explained how her husband was enticed into the trap with a job offer as a DJ in a new Mumbai hotel.

She detailed how the accomplice convinced him to travel to the UAE to showcase his skills to potential investors.
Deputy Commissioner Krishnakant Upadhyay highlighted the baker's modus operandi, asserting, "He himself would then alert the police and airport authorities, providing details of the individual and orchestrating their arrest."

The DJ’s wife revealed that they first learned about his arrest through a text message, originating from the same number used to contact him for the job offer and book his tickets.

Despite the challenges, she remains hopeful for justice through the Emirates' judicial system, trusting that her family will ultimately prevail.

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What Should You Do if You are a Victim of Cyberbullying, Online Harassment in the UAE?

Cyberbullying and online harassment have become prevalent issues in the UAE, and understanding the laws and reporting mechanisms is crucial for combating these offenses and ensuring online safety.

UAE laws against cyberbullying and harassment are robust, and Federal Decree No. 34 of 2021 deals with countering rumours and cybercrimes. This article delves into what constitutes such behaviour and how users can navigate the legal landscape.

Defining Cyberbullying and Online Harassment

Under the Cyber Law Federal Decree No. 34 of 2021, cyberbullying encompasses various forms, with spreading rumours highlighted as a significant offense falling under Article 52. These acts can result in severe consequences, including legal repercussions and detrimental impacts on mental health. The law outlines different violations and corresponding penalties:

  • Spreading rumours (Article 52): Up to two years in jail and a minimum fine of Dh100,000.
  • Online threats (Article 42): Punishable by up to two years in jail and fines ranging from Dh250,000 to Dh500,000. In severe cases, imprisonment can extend to 10 years.
  • Defamation (Article 43): Potential imprisonment and fines ranging from Dh250,000 to Dh500,000.
  • Invasion of privacy (Article 44): Punishable by up to six months in jail and fines between Dh150,000 to Dh500,000.
  • Breach of personal data and information (Article 6): Minimum six months in jail and/or a fine of at least Dh20,000 up to Dh100,000.
  • Incitement to lewdness or prostitution (Article 33): Provisional imprisonment and fines ranging from Dh250,000 to Dh1 million, with stricter penalties if the victim is a child.
  • Unauthorised circulation of personal pictures or pornographic material (Article 34): Jail time and/or fines ranging from Dh250,000 to Dh500,000, with more severe consequences for offenses involving children.

Reporting Cybercrimes

Various platforms and channels are available for reporting cybercrimes in the UAE, including:

  • Ministry of Interior: Use the hotline (116111), visit the MOI's website, or use the Hemayati application.
  • UAE Federal Public Prosecution: Access their website or use the 'My Safe Society' app.
  • Al Ameen: Contact via toll-free number, SMS, or email.
  • Dubai Police and Abu Dhabi Police: Use their respective websites or contact their services directly.

Guidance for Victims: What to Do if You Experience Such Criminal Behaviour?

You should follow the following steps if you become victims of cyberbullying or harassment:

  • Maintain records: Keep records of all incriminating messages, posts, emails, or any other forms of communication for future reference.
  • Educate yourself about the laws: Familiarise yourself with laws related to cybercrimes, cyberbullying, and online harassment to understand your rights and legal options. Seek legal advice if necessary.
  • Block and report: Prevent further contact by utilising the 'block and report' feature available on mobiles, online platforms and emails. Notify concerned social media platforms of abusive behaviour.
  • Exercise caution: Limit the amount of personal information shared online to reduce vulnerability to cyberbullying and harassment.
  • Raise awareness: Share your experiences with others on social media platforms to raise awareness about cyberbullying and online harassment and encourage proactive measures to combat them.

By understanding UAE laws and reporting mechanisms, individuals can effectively combat cyberbullying and harassment, promoting a safer online environment for all users.

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UAE Extends The Goat Life a Cinematic Pass, While Rest of the Gulf Gives it the Hoof

As the long-awaited pan-Indian film Goat Life (titled "Aadu Jeevitham" in Malayalam), starring Prithviraj Sukumaran, is set to release on March 28, 2024, in UAE theaters, film enthusiasts are breathing a sigh of relief that it has not faced the axe here, unlike in other GCC countries.

Recently, the Bollywood movie Fighter, starring Hrithik Roshan and Deepika Padukone, was banned in the UAE, as were Malayalam movies Gaddama and Sameer a few years back, for violating the regulatory framework of the UAE.

Goat Life delves into the challenges faced by a migrant worker working as a goatherd in Saudi Arabia. Given the sensitive nature of certain themes depicted in the film, there were concerns about potential backlash or suspension in the UAE as well. The portrayal of the struggles of migrant workers and life in Saudi Arabia could have attracted scrutiny in the UAE, highlighting the ongoing tension between artistic expression and cultural considerations.

Unwanted Comparisons

"It’s a fact that some Indian media outlets with vested political interests are celebrating the ban of Goat Life in GCC countries except in the UAE. They are using the ban to draw comparisons and interpretations related to freedom of expression in India, where the legal system differs," said Nisar Ibrahim, an award-winning short film director and sculptor, who was part of the crew of many Indian films shot in the UAE.

Nisar Ibrahim

"As an expatriate film enthusiast working in the UAE, I am proud and happy that Goat Life is not banned here, as it does not undermine Arab culture or the legal system of the GCC countries. The decision to avoid risk and ban the movie might stem from the impression that the script or content could be harmful, often fuelled by propaganda. In fact, Saudi Arabia only recently opened its doors to films. Their decision to ban the movie might be part of their efforts to uphold their regulations," continued Nisar.

"I was part of another movie, Sameer, with a script similar to the content of Goat Life. It was not allowed to be screened in the UAE. But Goat Life has been cleared. This shows that UAE authorities are convinced that 'Goat Life' is a film with content that will attract international exposure and won’t offend Arab culture," he said, hoping that other GCC countries will follow suit once the film is released.

UAE Open-minded

"The cultural landscape in the UAE differs from that of other GCC countries. It has an open mind towards literature, theater, and stage shows, which is precisely why Goat Life received permission for screening," said Shaji Haneef, a prominent writer in the UAE and producer of many short films.

Shaji Haneef

"It’s a docu-fiction and does not depict a cross-section of Arabia. It’s only a part of it and cannot be generalised. A story, cinema, or art form depicts an exceptional piece of work. 'Goat Life' is a rare incident. Generally, Arabs are very lovable, and they have contributed many positive aspects to our lives," said Shaji, who is also a well-established businessman.

Survival Drama

Goat Life is a survival drama film written, directed, and co-produced by the renowned Indian director Blessy. The film is an international co-production involving companies from India and the United States. It is an adaptation of the 2008 Malayalam novel Aadujeevitham by Benyamin, which he claims is based on a true incident.

The film stars Prithviraj Sukumaran as the protagonist Najeeb, an Indian immigrant laborer from Kerala who finds himself forced into slavery as a goatherd on a secluded farm in Saudi Arabia.

The Arabic translation of Aadujeevitham was banned in both the UAE and Saudi Arabia. The novel earned several awards, including the Kerala Sahitya Academy Award in 2009. It was translated into English, Hindi, and other Indian languages, making a significant literary impact.

The recent suspension of Fighter in the UAE highlights the delicate balance that authorities strive to maintain between cultural norms and the portrayal of content in films. The government's unwavering commitment to preserving cultural and religious sensitivities has led to the temporary cessation of movies found to contravene these values.

The meticulous scrutiny of content in the UAE was further exemplified by the situation surrounding the Barbie movie, which encountered restrictions due to its portrayal of themes conflicting with cultural norms and sensitivities.

Prohibition Criteria in the UAE

The UAE authorities have established specific criteria which, if breached, can result in the prohibition or suspension of films. Here are nine primary reasons behind such determinations:

Cultural Sensitivity: Movies that disrespect or portray cultural, religious, or traditional values in a manner inconsistent with UAE norms may undergo censorship.

Political Content: Political content that might be considered offensive or contrary to the interests of the UAE or its allies may lead to the suspension of films.

Nudity and Sexual Content: Excessive nudity, explicit sexual content, or scenes that violate the conservative norms of the UAE can result in film censorship.

Profanity and Obscenity: The use of strong language, profanity, or obscene content may lead to the prohibition or suspension of films in the UAE.

Drug Promotion: Films that glamorise or promote drug use or any form of substance abuse may face restrictions in the UAE.

Violence and Gore: Excessive violence or graphic scenes that contradict the country's standards for public viewing may lead to the suspension of films.

LGBTQ+ Themes: Movies featuring LGBTQ+ themes or content perceived as promoting non-heteronormative relationships could undergo censorship.

Anti-Islamic Content: Any content perceived as disrespectful or critical of Islam may lead to the banning or suspension of films in the UAE.

National Security Concerns: Films that raise concerns about national security or depict activities deemed threatening to the UAE can result in censorship.

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Understanding Due Diligence on Properties in the UAE: Be Well-informed and Protected

Conducting due diligence is an essential step that involves extensive research and examination before entering into any property agreement, especially for those looking to invest in UAE real estate.

This step is highly recommended by property lawyers in the UAE as it ensures that you are well-informed and protected before making any purchase.
When it comes to conducting due diligence on properties in the UAE, the process can be overwhelming without proper guidance.

To make things easier, here’s a list of frequently asked questions to ensure you are well-informed before making any property-related decisions.

What is Due Diligence When Buying Property in the UAE?

Due diligence is a thorough check-up conducted before purchasing a property in the UAE. It involves examining every aspect, from legalities to the physical condition of the property, to ensure a safe and informed investment.

What is the Importance of Due Diligence?

Due diligence is essential to comprehend the property's true nature, identify any potential risks or issues, and ensure a smooth transaction process. It provides peace of mind and safeguards against unexpected complications.

What is the Process?

Due diligence entails several steps, including reviewing property titles, conducting physical inspections, verifying financial aspects, researching the neighbourhood and identifying any legal disputes or historical issues associated with the property.

Start by reviewing the property's title deed to confirm ownership, any existing mortgage agreements and accurate property specifications. Obtain copies from the property developer or seller and conduct a title search at the Dubai Land Department to verify ownership and identify any legal encumbrances.

Employ a licensed technical inspection company to verify the property's dimensions and physical condition, ensuring there are no defects or discrepancies. This step provides assurance and confidence in the property's condition before proceeding with the transaction.

After completing due diligence, draft a Memorandum of Understanding (MoU) to outline the key terms of the property transaction. Ensure that any additional terms and conditions are attached as addendums to Form F, which must be signed and recorded with the Dubai Land Department.

Who are the Professionals Involved?

To conduct proper due diligence on the property's title deed, ensure you have the necessary power of attorney from the seller or developer. Consider seeking assistance from the best lawyers to guide you through the process and ensure legal compliance.

Professionals such as lawyers, surveyors and real estate agents play crucial roles in the due diligence process. They provide expertise in legal matters, property inspections, and market insights to facilitate a seamless transaction.

What are the Timelines and Costs?

The duration of due diligence varies depending on the property's complexity but typically takes a few weeks to a couple of months. While there are associated costs with hiring professionals, the investment is worthwhile for the security and confidence it brings to the purchase.

What are the Common Pitfalls?

Pitfalls in due diligence include overlooking ownership laws, cultural or legal misunderstandings, developer reputation, contractual complexities and inadequate dispute resolution planning. Engaging knowledgeable professionals helps mitigate these risks.

Also, sellers may attempt to make alterations to the property after due diligence, so conduct a final check closer to the transfer date to ensure the property status remains unchanged.

Stay proactive, stay informed and take the support of legal experts to navigate the complexities of property due diligence with ease.

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Dubai Set to Host World's First Flying Taxi Service in Tie-up with Joby Aviation

Joby Aviation Inc. a US-based firm which develops all-electric aircraft for commercial passenger service is planning to launch its flying taxi service in Dubai ahead of any other location, including its home base in the US.

According to Joby’s president of operations, Bonny Simi, progress on a partnership with the emirate, announced earlier this year, is more advanced than in other areas, enabling a Dubai launch first.

“We signed a definitive agreement with the government of Dubai that grants Joby exclusive rights to operate air taxis in the Emirate for six years. The agreement includes financial support and identifies a regulatory pathway to enable early operations,” the company said in its financial statement.

In February, Joby announced plans to commence initial operations by 2025 in Dubai, where it secured a six-year exclusive agreement for its electric air-taxi services, with commercial services slated for early 2026. Simi now suggests this milestone may be achieved as soon as late 2025.

Dubai’s government has offered economic support, with regulators dedicating resources specifically to Joby, facilitating a swift and safe progression. This support aims to financially de-risk the initial launch.

Initially, Joby plans to establish four vertiports across Dubai for its electric vertical takeoff and landing vehicles, including Dubai International Airport, Palm Jumeirah, downtown Dubai near the Burj Khalifa tower and the city’s marina.

Meanwhile, rival Archer Aviation Inc. struck a preliminary deal last year with the government of nearby Abu Dhabi, targeting manufacturing and a service launch by 2026. Although Joby will enjoy exclusivity for flights within Dubai, Archer plans to operate flights between Abu Dhabi and Dubai, as well as across the UAE.

Several other eVTOL market contenders have also turned their attention to the oil-rich Gulf states. Lilium NV, Embraer SA’s Eve Air Mobility and Volocopter GmbH have all signed agreements in Saudi Arabia, the UAE, or both.

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Grave Mistakes: 12 Violations to be Avoided During Burial Procedures in the UAE

Saying goodbye to a loved one is always the most challenging part of dealing with their passing. Given the United Arab Emirates' diverse population, with people from various faiths and cultures, each family may have its unique burial traditions.

According to Federal Law regulations, deceased individuals must be interred exclusively in cemeteries officially designated by competent authorities.

The funeral rites and procedures following the passing of a loved one are particularly challenging moments. Given the UAE's diverse population, consisting of individuals from various ethnic backgrounds and religious beliefs, funeral customs may vary among residents.

In addition to streamlining a concise five-step protocol for post-mortem formalities within the country, the Emirates has instituted stringent legislation and substantial penalties concerning burial and funeral practices, aiming to ensure uniformity and safety.

These measures not only facilitate families in bidding farewell to their departed loved ones peacefully but also uphold legal compliance and respect for the deceased.

Here are 12 infractions during the burial process that could result in fines of up to Dh500,000, which you may not be aware of:

Fine Range of Dh10,000 to Dh50,000

1 Illegally transferring a body, remains, or organs within the country without a permit.

2 Unauthorised photography of a deceased person for purposes other than legally permitted.

3 Erecting structures or additions within a cemetery.

4 Conveying the deceased in a vehicle not designated for this purpose, excluding ambulances.

5 Using unofficial means to transport corpses within the country.

6 Misusing cemeteries for purposes other than burial.

Heavier Penalties

7 Burial in an undesignated cemetery within the UAE may result in up to one year of imprisonment, along with a fine ranging from Dh10,000 to Dh100,000.

8 Conducting a burial within the UAE or transferring a deceased individual out of the country without the required permits could lead to imprisonment for up to one year and fines ranging from Dh100,000 to Dh500,000.

Desecration Offenses

9 Desecrating a cemetery, grave, or storage area for the deceased incurs a fine between Dh100,000 and Dh200,000, along with a prison term of up to one year.

10 Unauthorised exhumation of a grave to remove a person or organ results in fines ranging from Dh100,000 to Dh200,000, coupled with imprisonment for four years or more.

11 If desecration occurs during the process of exhumation, the penalty escalates to imprisonment for over five years.

Import and Export Regulations

12 Importing or exporting deceased bodies, organs, or remains without proper permits in the UAE attracts fines between Dh50,000 to Dh100,000 and imprisonment for less than a year.

To ensure a respectful and lawful burial process in the UAE, individuals must follow regulations and avoid violations.

By respecting diverse cultural and religious backgrounds, while upholding legal standards and honouring the deceased, families can bid farewell peacefully and with dignity.

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How Long Do You Live? Danish AI Algorithm Set to Predict Life and Death

Researchers in Denmark are harnessing artificial intelligence and data from millions of people to help anticipate the stages of an individual's life all the way to the end, hoping to raise awareness of the technology's power and its perils.

Far from any morbid fascinations, the creators of life2vec want to explore patterns and relationships that so-called deep-learning programs can uncover to predict a wide range of health or social "life-events".

"It's a very general framework for making predictions about human lives. It can predict anything where you have training data," Sune Lehmann, a professor at the Technical University of Denmark (DTU) and one of the authors of a study recently published in the journal Nature Computational Science, told AFP. For Lehmann, the possibilities are endless.

"It could predict health outcomes. So it could predict fertility or obesity, or you could maybe predict who will get cancer or who doesn't get cancer. But it could also predict if you're going to make a lot of money," he said.

The algorithm uses a similar process as that of ChatGPT, but instead, it analyses variables impacting life such as birth, education, social benefits, or even work schedules.

The team is trying to adapt the innovations that enabled language-processing algorithms to "examine the evolution and predictability of human lives based on detailed event sequences".

"From one perspective, lives are simply sequences of events: People are born, visit the pediatrician, start school, move to a new location, get married and so on," Lehmann said.

Yet the disclosure of the program quickly spawned claims of a new "death calculator", with some fraudulent sites duping people with offers to use the AI program for a life expectancy prediction -- often in exchange for submitting personal data.

The researchers insist the software is private and unavailable on the internet or to the wider research community for now.

Data from Six Million

The basis for the life2vec model is the anonymised data of around six million Danes, collected by the official Statistics Denmark agency.

By analysing sequences of events it is possible to predict life outcomes right up until the last breath. When it comes to predicting death, the algorithm is right in 78 per cent of cases; when it comes to predicting if a person will move to another city or country, it is correct in 73 per cent of cases.

"We look at early mortality. So we take a very young cohort between 35 and 65. Then we try to predict, based on an eight-year period from 2008 to 2016, if a person dies in the subsequent four years," Lehmann said.

"The model can do that really well, better than any other algorithm that we could find," he said.

According to the researchers, focusing on this age bracket -- where deaths are usually few and far between -- allows them to verify the algorithm's reliability.

However, the tool is not yet ready for use outside a research setting.

"For now, it's a research project where we're exploring what's possible and what's not possible," Lehmann said. He and his colleagues also want to explore long-term outcomes, as well as the impact of social connections have on life and health.

A Scientific Counterweight

For the researchers, the project presents a scientific counterweight to the heavy investments into AI algorithms by large technology companies.

"They can also build models like this, but they're not making them public. They're not talking about them," Lehmann said.
"They're just building them to, hopefully for now, sell you more advertisements, or sell more advertisements and sell you more products."

He said it was "important to have an open and public counterpoint to begin to understand what can even happen with data like this".

Pernille Tranberg, a Danish data ethics expert, told AFP that this was especially true because similar algorithms were already being used by businesses such as insurance companies.

"They probably put you into groups and say: 'Okay, you have a chronic disease, the risk is this and this'," Tranberg said. "It can be used against us to discriminate us so that you will have to pay a higher insurance premium, or you can't get a loan from the bank, or you can't get public health care because you're going to die anyway," she said.

When it comes to predicting our own demise, some developers have already tried to make such algorithms commercial.

"On the web, we're already seeing prediction clocks, which show how old we're going to get," Tranberg said. "Some of them aren't at all reliable."

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Mandatory Health Insurance: Win-Win for Private Sector Workers and Companies

In a significant move aimed at enhancing healthcare coverage for private sector workers, the United Arab Emirates (UAE) has declared the implementation of a mandatory health insurance scheme starting from the year 2025.

The decision, announced by government officials, marks a pivotal step towards ensuring comprehensive healthcare access for all employees working in the private sector across the Emirates.

The initiative underscores the UAE government's commitment to prioritising the well-being and healthcare needs of its workforce, a vital component in sustaining the nation's economic growth and prosperity.

The implementation of a mandatory health insurance scheme is expected to have a significant impact on both employees and insurance companies operating within the UAE.

For employees, this scheme brings a sense of security and peace of mind, knowing that they will have access to essential healthcare services without bearing the burden of hefty medical expenses.

With healthcare costs often being a concern for individuals and families, the introduction of mandatory health insurance is poised to alleviate financial strain and ensure timely access to medical treatment when needed.

However, for insurance companies, this announcement brings both opportunities and challenges. On one hand, the mandatory health insurance requirement will likely result in a surge in demand for health insurance policies, leading to increased business opportunities for insurance providers.

This could potentially translate into higher revenues and market growth for the insurance sector in the UAE.

On the other hand, insurance companies will need to adapt to the increased demand and ensure they can efficiently manage the influx of new policyholders while maintaining quality service standards.

Additionally, insurers may encounter pressure to provide competitive premiums and comprehensive coverage packages to maintain attractiveness in the market amid intensified competition.

They must employ a measured approach to premium adjustments, ensuring transparency to prevent sudden financial strain on both employers and individuals.

It is imperative for insurers to recalibrate their offerings, guaranteeing fair and equitable pricing that considers the needs of all policyholders, thus avoiding disproportionate impacts on family coverage costs.

Following the implementation of the mandatory insurance scheme, UAE is poised to witness a significant increase in health insurance premiums.

There has been substantial growth in the health insurance market in Abu Dhabi in 2007 and Dubai in 2012 following the introduction of mandatory medical insurance.

While there may be some initial adjustments for newly enrolled family members, the overall impact is expected to be minimal, particularly in emirates like Abu Dhabi, where employers are responsible for covering the employee, spouse, and up to three children.

The launch of the mandatory scheme is expected to stimulate investments in healthcare infrastructure, thereby enhancing service quality and fostering competition, innovation, and advancements in healthcare on a larger scale.

Overall, the scheme represents a significant milestone towards achieving universal healthcare coverage and fostering a healthier workforce.

As the deadline for compliance approaches, employees and insurance companies are gearing up for the transformative changes that lie ahead and are poised to navigate the evolving landscape of healthcare provision in the Emirates.

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Firms can be held responsible for Crimes Committed by their Representatives

In cases where a company fails to meet its obligations, such as paying government taxes, complying with laws, or adhering to the provisions of its Articles of Association and Memorandum of Association, the issue of liability arises.

The question then arises: can those decision-makers responsible for running the business be held accountable under the law?

Corporate criminal liability is a looming concern in the modern business landscape, especially within the legal framework of the United Arab Emirates (UAE).

The scope of potential crimes for which companies can be held accountable is broad and encompasses a variety of offenses outlined in the Federal Penal Code.

Article 21 of Federal Decree-Law No. 32 of 2021, known as the Companies Law, came into effect on January 2, 2022, replacing Federal Law No. 2 of 2015. Concurrently, Article 66 of the Penal Code delineates the framework for corporate criminal liability in the UAE.

Article 66 of the Penal Code establishes that a company can be held accountable for any offense outlined in the Penal Code committed by one of its representatives acting in its favour or on its behalf.

However, the Dubai Court of Cassation has ruled that a company cannot be criminally liable for the actions of its employees if the employee in question acted negligently, without intent, or without representing the company.

Corporate Liability

The new Companies Law stipulates that a company obtains "legal personality" upon its incorporation, establishing a corporate veil between the company and its shareholders and managers, although exceptions exist where this veil can be pierced.

Regarding corporate criminal liability in the UAE, Article 66 of the Penal Code outlines that legal entities, excluding government agencies and official departments, can be held criminally accountable for crimes committed by their representatives, directors, or agents acting on their behalf.

However, the Dubai Court of Cassation clarified that a company may not face criminal responsibility for the actions of its employees if the employee was negligent, acted unintentionally, or was not acting on behalf of the company.

Managers of a company are typically obligated to exercise due care, and failure to do so may result in personal liability. For instance, managers can be held liable if their actions cause harm, breach obligations, or constitute gross misconduct or negligence, including fraudulent activities.

Previously, managers were held personally accountable for issuing bounced cheques due to insufficient funds, which was deemed a crime under Article 401 of Federal Law No. 3 of 1987.

However, the new Penal Code decriminaliSed this act, except for specific exceptions. Despite this, beneficiaries of bounced cheques retain the right to pursue civil claims, including seizing assets owned by the issuer.

Enforcement Authorities

Prosecuting cases related to Corporate Criminal Liability in the UAE involves three authorities:

Police Department: Responsible for safeguarding the public, collecting initial statements, arresting suspects, conducting investigations and executing orders from the Public Prosecution to aid in the investigative process.
Public Prosecution’s Office: Initiates criminal cases on behalf of society members, overseeing the entire process from investigation to indictment or case dismissal. The Public Prosecution holds exclusive jurisdiction to initiate and prosecute criminal proceedings until a final judgment is rendered.
Criminal Courts: Handle criminal cases initiated by federal or local prosecution in each emirate. These courts include courts of first instance, courts of appeal and a supreme court, such as the Court of Cassation in Abu Dhabi.

Damages and Compensation

Victims of crimes have the option to request that a compensation claim be attached to the criminal charges and considered by the Criminal Court, as stipulated in Article 23 of the Criminal Procedural Law. This compensation is determined upon the establishment of criminal liability.

In practice, once a conviction and sentence are issued, the Criminal Court transfers the civil claim to the Civil Court per Article 27 of the Criminal Procedural Law. The Civil Court then assesses the extent of damages, as the conviction implies liability.

While the UAE does not have a class action system, multiple victims can collectively present their compensation claims to the Criminal Court.

Additionally, victims of white-collar offenses can seek compensation for losses through the Civil Courts, where a claim for harm (similar to tort) must demonstrate the act, sustained damage and the causal relationship between the act and the damage.

Procedure for Prosecuting a Company

The procedure for prosecuting a company for a white-collar criminal offense in the UAE is regulated by the Criminal Procedural Law, similar to other criminal prosecutions in the country. Article 9 of the Criminal Procedural Law grants exclusive jurisdiction to the Public Prosecutor to initiate and oversee criminal proceedings. The process unfolds as follows:

Filing a Complaint: A complaint can be lodged either with the Public Prosecution directly or with a Judicial Police Officer as per Article 12 of the law. Alternatively, the Public Prosecutor may initiate criminal proceedings independently.
Police Investigation: If a complaint is filed with the police, they investigate the alleged offense. This includes interviewing the complainant, the accused, and other witnesses and compiling all evidence into a case file.
Referral to Public Prosecutor: The case file is then forwarded to the Public Prosecutor, who may conduct further investigation with the assistance of Judicial Police or investigating officers, especially for more serious offenses. The Public Prosecutor evaluates the evidence and decides whether to proceed with the case or dismiss the complaint.
Decision by Public Prosecutor: Based on the evidence gathered, the Public Prosecutor determines whether to issue an indictment against the accused and refer the matter to court or dismiss the complaint.
Collection of Evidence by Judicial Police: The Judicial Police are empowered to collect necessary information and evidence for the investigation and indictment of criminal offenses. This includes interviewing complainants, victims and accused individuals, taking statements and engaging expert assistance.
Specialist Departments: Specialised departments within the police and Public Prosecutor’s office handle specific types of crimes, such as financial crimes (e.g., bribery, money laundering, abuse of power, embezzlement and misuse of funds) and cybercrimes. These departments are equipped to deal with the complexities of such offenses effectively.

Case Law

In November 2022, the Dubai Financial Services Authority (DFSA) levied a fine of $1.12 million against the DIFC branch of Bank of Singapore Limited for multiple violations of DFSA regulations, notably related to deficient anti-money laundering measures.

Additionally, the DFSA imposed its most substantial fine to date on an individual, Arif Naqvi, the former CEO and founder of Abraaj Group.

Naqvi was fined approximately $135 million, a penalty upheld by the Financial Markets Tribunal. This significant fine followed the DFSA's determination that Naqvi was complicit in misleading and defrauding investors concerning the misuse of their funds.

As a consequence, Naqvi was also subjected to restrictions preventing him from performing any functions within or from the DIFC.

As eloquently stated by Martin Luther King Jr., "The moral arc of the universe is long, but it bends towards justice." Therefore, in cases where a company or its members commit civil or criminal offenses, they can indeed be held accountable under the law.

This principle is crucial in a jurisdiction like the UAE, which hosts several major entities and thus recognises the importance of holding companies and their members accountable for breaches of rules, regulations, or laws.

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Has Indian Prime Minister Narendra Modi Breached Data Privacy Rules in UAE?

Residents of the UAE, including Indian expatriates and individuals of various nationalities, received an unexpected WhatsApp message from an Indian number over the weekend.

The message, accompanied by a letter from Indian Prime Minister Narendra Modi in the form of a PDF attachment, sought feedback and suggestions on the Indian government's schemes and initiatives.

While some recipients appreciated the opportunity to provide input on national matters, others expressed concerns over potential data privacy breaches and questioned the relevance of the message to non-Indian residents in the UAE.

Dubai-based Pakistani journalist Asma Zain and Pakistani resident Fahad Siddiqui voiced their confusion and skepticism to the local media, questioning the necessity of their involvement in Indian government affairs. Similarly, a British resident of Dubai, who initially assumed the message was related to his professional engagements, found the communication puzzling."

Amidst the confusion, Emiratis also reported receiving the letter, raising questions about how their contact information was obtained and highlighting concerns over potential violations of data privacy regulations in the UAE.

Opposition parties criticised the Bharatiya Janata Party (BJP) government's outreach efforts, alleging political propaganda and misuse of resources for electoral gain. Congress lawmaker Shashi Tharoor shared screenshots of concerns raised by UAE-based individuals on social media and called for action from the Election Commission of India.

The incident comes at a time when digital data protection and privacy have become increasingly important issues globally, with the UAE implementing strict regulations to safeguard the personal information of its residents, raising significant concerns regarding data privacy laws and the protection of personal information.

With the UAE implementing strict regulations to safeguard individuals' digital data, the intrusion into residents' data by foreign entities without consent highlights potential violations of local privacy laws. Such unauthorised access to personal information not only undermines individuals' privacy rights but also underscores the importance of enforcing stringent measures to prevent unauthorised data collection and ensure compliance with data protection regulations in cross-border communications.

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Is Mediation Act of 2023 the Future of the Indian Legal System?

India, with its dense population, sees numerous disputes, whether civil or commercial, which remain backlogged in the already burdened judiciary system.

Timely justice delivery is hindered, as evidenced by the District Judiciary alone shouldering approximately 44.79 million pending cases in January 2024, while the High Courts had a backlog of 6.2 million cases during the same period.

The Supreme Court of India, not immune to this dilemma, had 69,766 cases pending as of July 1, 2023. This dire situation emphasises the urgent need for alternative dispute resolution (ADR) methods that are quicker, less costly and more flexible than the traditional adversarial system.

The Mediation Act 2023 represents a significant evolution in India's approach to dispute resolution, further leveraging technology to enhance access to justice.

India's journey towards recognising mediation in its legal framework dates back to the Industrial Disputes Act of 1947, which introduced the concept of conciliators to resolve industrial disputes.

Subsequent legal reforms, such as the Legal Services Authorities Act of 1987 and the Arbitration and Conciliation Act of 1996, further strengthened the recognition of mediation. However, the Mediation Bill of 2021 laid the foundation for the comprehensive Mediation Act 2023.

The Bill aimed to introduce a thoughtfully curated institutional dispute-resolution mechanism backed by collaborative problem-solving and the preservation of relationships.

It mandated that all civil and commercial disputes undergo mediation before entering the court arena, underscoring the significance of exhausting alternative remedies before resorting to litigation. This made the standing committee question the consent and voluntary nature of mediation.

Bringing strategic amendments to the bill, at its core, the Mediation Act 2023 aims to induce a culture of amicable settlement while alleviating the burden on the overburdened judicial system.

It provides a more structured framework for mediation, both offline and online, allowing disputing parties to resolve their issues with the assistance of a neutral third party, the mediator.

Key provisions of the Act include mandating mediation as a prerequisite for civil and commercial disputes before resorting to litigation; setting clear guidelines for mediator qualifications, procedural norms and confidentiality aspects, including online mediation to leverage technology and bridge geographical barriers and establishing a regulatory body for mediator registration and oversight.

The Mediation Act 2023 thus stands in the continuum of revolutionising India's dispute resolution landscape. By promoting the use of mediation, the Act will expedite the resolution process and empower disputants to shape their outcomes collaboratively.

The Act’s additional feature of online mediation further addresses logistical barriers and improves access to justice, especially in remote regions.

Moreover, the Act's focus on quality assurance through mediator accreditation and oversight cements the integrity of the mediation process.

By validating mediation as a credible and effective mechanism, the Act instills confidence in stakeholders and encourages greater adoption of alternative dispute resolution methods.

Lastly, the Mediation Act 2023 heralds a new dawn of dispute resolution in India, characterised by efficiency, accessibility and fairness. By accepting mediation and leveraging technology, India is on the brink of overcoming the daunting challenges that have long obstructed its judicial system.

As The Mediation Act 2023 comes into effect and its provisions are implemented, it signifies a transformative reform towards invoking harmony and equality in society.

In the journey towards justice, the Mediation Act 2023 will play a crucial role in guiding India towards a future where disputes are resolved amicably, efficiently and impartially.

(Roopa Shetty is the Founder of Bangalore-headquartered law firm Lex Situs)

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How Indian Expatriates Living in the UAE Can Obtain an Aadhaar Card?

For Indian expatriates residing in the UAE, obtaining an Aadhaar card—a crucial identification document in India—can be accomplished with the correct documentation and process.

Aadhaar, a unique 12-digit identification number linked with biometric data, serves as comprehensive proof of identity, age, and address within India.

While non-resident Indians (NRIs) are not obligated to possess an Aadhaar card, having one can simplify various transactions upon their return to India or during extended stays, including banking, property rentals and government procedures.

The Unique Identification Authority of India (UIDAI) offers NRIs the opportunity for 'Aadhaar on Arrival,' requiring physical presence in India for biometric authentication during the enrollment process.

Different Aadhaar card forms cater to various age groups:

  • Form 1: Individuals aged 18 and above
  • Form 2: NRIs enrolling or updating with an address outside of India
  • Form 3: Children aged five to under 18 years, residents, or NRIs with Indian address proof
  • Form 4: NRI children in the same age group without Indian address proof

The application process involves the following key steps:

Booking an appointment: Schedule online via the UIDAI website or visit an Aadhaar centre in person.
Document submission: Submit necessary documents in person at the UIDAI enrollment centre.
Biometric data collection: Record biometric details, including finger scans, iris scans and a photograph, at the enrollment centre.
Card delivery: Await delivery of the Aadhaar card to the registered Indian address within 90 days.

Mandatory documents required for NRI Aadhaar card application include a valid Indian passport serving as proof of identity and address.

In the absence of Indian address proof, alternative UIDAI-approved Proof of Address (PoA) documents such as PAN or utility bills can be submitted. Additionally, documentation demonstrating residency status in another country, such as a stamped visa photocopy, may be requested.

For NRI children, a valid Indian passport serves as the sole accepted Proof of Identity (PoI) and Proof of Address (PoA).

(The writer is a legal associate at
Dubai-based NYK Law Firm)

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Tax Registration Number is Mandatory If Your Revenue is Above Dh375,000

The United Arab Emirates (UAE) is renowned for its progressive policies and business-friendly environment. To streamline operations within the country, the UAE government has implemented the Tax Registration Number (TRN) system.

This system provides a unique identification number for businesses and individuals in the UAE, specifically for tax-related matters. Whether you're a resident, a business owner, or a visitor, understanding how to obtain a TRN number in the UAE. 

This article simplifies everything, from explaining recent updates and implications to helping you apply for a TRN. Let's start clearing up any questions you may have about TRNs in the UAE.

Understanding TRN in the UAE

The Tax Registration Number (TRN) is a distinctive 15-digit identifier designated for businesses and individuals in the UAE for taxation purposes.

It is essential for various financial and business transactions, including Value Added Tax (VAT) processing and tax return filings. TRN is a fundamental requirement for businesses operating in the UAE.

Changes in the TRN Number System

The new TRN system brings about several notable changes to simplify tax-related procedures and increase transparency. The key changes include:

Unified System: The new TRN system aims to unify tax registration across all Emirates, replacing the previous separate registration processes for each Emirate.
Format: TRN numbers under the new system are structured differently, with a unique identification code assigned to each entity or individual taxpayer.
Centralisation: The new system centralises tax registration and management, allowing for easier access to taxpayer information and facilitating more efficient tax administration.

Implications of the New TRN System

The introduction of the new TRN system carries several implications for businesses and individuals in the UAE:

Compliance Requirements: Entities and individuals must ensure timely registration under the new TRN system to remain compliant with UAE tax regulations.
Data Accuracy: Accuracy in providing information during the TRN registration process is crucial to avoid discrepancies and potential penalties.
Integration with Tax Processes: The new system is expected to integrate with various tax processes, including filing returns and payment of taxes, leading to smoother operations and reduced administrative burdens.

Eligibility for TRN in the UAE

The UAE's Federal Tax Authority (FTA) has set a revenue threshold of Dh375,000. If your revenue falls below this threshold, you are not obligated to register for VAT and obtain a TRN.

Documents Required for TRN

To obtain a TRN in the UAE, specific documents need to be submitted. These typically include legal identification documents, trade licences and other relevant business paperwork. Requirements may vary based on your business activities. 

  • Steps to Apply for a TRN Number in UAE
  • Visit https://eservices.tax.gov.ae and select the Sign-up option.
  • Fill out the sign-up form for the TRN number.
  • Verify your registered email address via the auto-email sent.
  • Log in to your e-service account.
  • Click on Register for VAT in your dashboard and proceed through the Getting Started Guide.
  • Complete the online form comprising 8 sections, ensuring to provide accurate details.
  • Review and apply for approval.

Application Processing Time

It takes approximately 20 business days from the date the completed application was received by the FTA. However, if additional information is needed, the FTA may require more time to process the application.

In such cases, applicants must provide the necessary additional information and resubmit the application.

Verifying Your TRN Number

Verifying your TRN number is crucial to ensure its accuracy and legitimacy. This can be easily done through official UAE government websites or by contacting the Federal Tax Authority (FTA). Verifying your TRN helps prevent issues stemming from incorrect or invalid numbers.

Next Steps After Receiving TRN for Your Company

Upon receiving your Tax Registration Number (TRN) in the UAE, it's crucial to streamline your VAT compliance by:

Updating Tax Invoices: Ensure your invoices comply with FTA's format, including the TRN and other mandatory details.
Updating Records: Incorporate relevant VAT modules into your records to accurately document transactions.
Maintaining Accurate Bookkeeping: Keep meticulous financial records for tax filing and potential VAT refund claims

Checking TRN Number Validity

TRN numbers are subject to validity periods and may require renewal. Regularly checking the validity of your TRN is essential to avoid disruptions in business operations. Promptly renew your TRN if it has expired.

Linking Tax Registration Number with Customs Registration Number (TRN - CRN Linkage):

Option One: Update your customs registration number on your registration profile with the Federal Tax Authority (FTA) by logging onto the FTA’s e-Services portal. Multiple customs registration numbers can be provided by selecting the Edit option and adding the details.
Option Two: Provide the customs department office with your TRN.
The customs department officer can verify the TRN by logging onto the e-Services portal or by visiting the
FTA website and by using the feature of TRN verification.

Once the customs department office verifies the TRN ownership, the customs department can update your TRN on the customs department system.

Can You Operate in the UAE Without a TRN?

Yes, it is possible to operate in the UAE without a Tax Registration Number (TRN) under certain circumstances. The UAE's Federal Tax Authority (FTA) has set a revenue threshold of Dh375,000.

If your revenue falls below this threshold, you are not obligated to register for VAT and obtain a TRN. However, once your revenue exceeds this threshold, VAT registration becomes mandatory, and you will need to apply for a TRN accordingly.

It's essential to keep track of your revenue and comply with VAT regulations as per the FTA guidelines to avoid any penalties or legal complications.

VAT De-registration

VAT deregistration in UAE allows a taxable person or a business to cancel their VAT registration and suspend their Tax Registration Number (TRN). FTA VAT Deregistration is an online process.

Who Must De-register for UAE VAT?

A business or individual registered under the Federal Tax Authority (FTA) must apply for VAT deregistration under the following circumstances:

If the business or individual stops making taxable supplies and does not expect to make any taxable supplies over the next 12-month period.

If the business or individual is still making taxable supplies, but the value in the preceding 12 calendar months is less than the Voluntary Registration Threshold (Dh187,500).

If the business or individual is still making taxable supplies, but the value in the previous 12 months was less than the Mandatory Registration Threshold (Dh375,000) and 12 months have passed since the date of registration (if registered voluntarily).

Please note that a person who has voluntarily registered under VAT cannot apply for deregistration in the 12 months following the date of registration. Late VAT deregistration penalties amount to Dh10,000.

Steps for FTA VAT De-registration

  • Log in to your FTA VAT portal.
  • Navigate to the dashboard and locate the VAT registration section.
  • Click on the 'De-Register' button next to the VAT registration.
  • Your taxable person details will be pre-populated in the deregistration application.
  • Choose the reason for VAT deregistration from the provided options.
  • Specify the effective date from which the Taxable Person is required or eligible to deregister.
  • Upload all relevant supporting documents by clicking on 'Choose Files'.
  • Review and confirm the authorised signatory and declaration section of the application form before submission.

The implementation of the new TRN system in the UAE signifies a significant step towards modernising tax administration and enhancing regulatory efficiency.

Understanding the changes, implications, and application process is essential for all entities and individuals operating within the UAE to navigate the transition smoothly and maintain compliance with tax regulations.

By staying informed and proactive, businesses and individuals can adapt to the new system effectively and ensure seamless operations in the UAE's evolving tax landscape.

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Know Your Rights as a Tenant for a Stress-Free Tenancy in the UAE

Are you a tenant in the UAE feeling overwhelmed or uncertain about your rights? Don't fret! Understanding your rights as a tenant is key to ensuring a harmonious and stress-free living experience.

Whether you're renting an apartment, villa, or commercial space, familiarising yourself with your rights can empower you to navigate any challenges with confidence and ease.

Here's a breakdown of your rights as a tenant in the UAE:

Security of Tenure: As a tenant, you have the right to occupy the property for the duration specified in your lease agreement. Your landlord cannot arbitrarily evict you without a valid reason or proper legal procedures.

Fair Rental Contract: Your lease agreement should clearly outline the terms and conditions of your tenancy, including rent amount, payment schedule, maintenance responsibilities, and any additional fees. Ensure that the contract is fair and compliant with UAE laws.

Privacy and Peaceful Enjoyment: You have the right to privacy and peaceful enjoyment of the rented property. Your landlord must respect your privacy and cannot enter the premises without prior notice except in cases of emergency or legal requirements.

Maintenance and Repairs: It is the landlord's responsibility to maintain the property in a habitable condition, ensuring that essential services (such as water, electricity, and sanitation) are functioning properly. The landlord should promptly address any necessary repairs at no cost to the tenant.

Security Deposit: Upon signing the lease agreement, you may be required to pay a security deposit to the landlord. This deposit should be refunded to you in full at the end of the tenancy, minus any legitimate deductions for damages beyond normal wear and tear.

Rent Increases: Your landlord cannot increase the rent arbitrarily. Any proposed rent increase must adhere to the guidelines set by the Real Estate Regulatory Agency (RERA) and should be communicated to you in writing with sufficient notice.

Dispute Resolution: In the event of a dispute between you and your landlord, both parties have the right to seek resolution through amicable negotiation, mediation, or legal channels such as the Rental Dispute Settlement Center (RDSC) or Dubai Courts.

In addition to the above, there are specific laws and regulations that can empower tenants to assert their rights:

Rent Disputes Settlement Centre (RDSC): Established in Dubai, the RDSC is a specialised judicial body that resolves rental disputes between landlords and tenants. It offers mediation and arbitration services to help parties reach amicable settlements or issue binding judgments when necessary.

Rent Increase Caps: In Dubai, the Rental Increase Calculator issued by the Dubai Land Department sets limits on how much landlords can increase rents based on various factors such as the current market rent, property type, and location. This helps protect tenants from arbitrary rent hikes.

Ejari System: The Ejari system, managed by the Real Estate Regulatory Agency (RERA), requires all rental contracts in Dubai to be registered online. This ensures transparency and legal protection for both landlords and tenants, as well as facilitates dispute resolution processes.

Tenancy Contracts: According to UAE law, all tenancy contracts must be in writing and registered with the relevant authorities. The contract should include essential terms such as the parties involved, rent amount, payment schedule, duration of tenancy, and terms of renewal or termination.

Security Deposit Limits: While there is no specific federal law governing security deposits in the UAE, local regulations may set limits on the amount landlords can charge as a security deposit. For example, the security deposit in Dubai is typically limited to 5% of the annual rent.

Notice Periods for Eviction: UAE law stipulates specific notice periods landlords must provide tenants before initiating eviction proceedings. The notice period varies depending on the reason for eviction and the emirate in which the property is located.

Knowledge is power! By familiarising yourself with your rights as a tenant in the UAE, you can confidently assert your rights and protect your interests throughout your tenancy.

If you ever encounter any issues or uncertainties, don't hesitate to seek guidance from legal professionals or relevant authorities. Your comfort and peace of mind in your rented space matter, and knowing your rights is the first step towards achieving a harmonious living environment.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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Dubai Unveils New Logo; Government Entities to Implement Within 6 Months

Dubai's Crown Prince unveiled a new logo for the Government of Dubai on Sunday, during the inaugural session of the executive council following its recent reconstitution.

He directed the immediate adoption of the new logo across all government entities in Dubai, while allowing them to maintain their distinct individual logos as well. Government entities will have a six-month transition period to implement the new logo.

Furthermore, the Crown Prince allocated Dh40 billion for the ‘Dubai Portfolio for Public-Private Partnership’ for 2024-2026. This initiative, overseen by the Department of Finance through Dubai Digital Platforms, aligns with the objectives of the Dubai Economic Agenda, D33, aiming to increase government spending to Dh700 billion, elevate private sector investment in development projects to Dh1 trillion and raise foreign direct investment to Dh650 billion by 2033.

Among other initiatives, Sheikh Hamdan also endorsed Dubai’s ‘Affordable Housing Policy’ and the ‘Dubai Sandbox’ project.
The ‘Affordable Housing Policy’ is in line with Dubai's 2040 Urban Master Plan, seeking to create vibrant communities by addressing housing needs and offering diverse job opportunities.

It aims to provide housing options for individuals across different income levels and improve accommodations for workers nearer to their workplaces. Entities such as Dubai Municipality, the Roads and Transport Authority, Dubai Land Department, and Dubai Electricity and Water Authority are involved in its implementation.

The ‘Dubai Sandbox’ project aims to accelerate the growth of start-ups, especially in technology and emerging sectors, fostering an entrepreneurial culture and facilitating access to funding. It also seeks international integration with the global innovation ecosystem.

As part of the first package of 100 transformative projects of D33, aligned with the goal of doubling the emirate's economy over the next decade, the project focuses on areas such as artificial intelligence, real estate technology, health-tech, and green technologies to combat climate change.

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Facing a Labour Dispute in the UAE? Here's Your Essential Action Plan!

In the UAE, where economic activity thrives, labour-related disputes can sometimes arise. However, navigating these disputes and seeking justice is facilitated by a well-defined process overseen by competent authorities.

Understanding the procedures and provisions in labour cases is crucial for anyone seeking to file a labour complaint in the UAE

Rights Upheld by UAE Laws

In accordance with government authorities, the laws of the UAE uphold the rights of both employers and employees, particularly in cases of labour disputes between the two parties.

Both employers and employees are entitled to file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) should a dispute arise. Upon filing a complaint, it undergoes examination and aims to be resolved amicably.

However, if a resolution cannot be reached through amicable means, the matter is then referred to the judiciary.

Competent Authorities

Ministry of Human Resources and Emiratisation (MoHRE): The primary authority responsible for overseeing labour affairs in the UAE. It offers mediation and conciliation services to resolve disputes amicably.

Labour Courts: Provide a judicial forum for adjudicating disputes when mediation efforts fail. They ensure that labour laws are upheld and justice is served.

Procedures for Filing a Labour Case

Grievance Procedure: Attempt to resolve the dispute informally with the employer before initiating legal action.

Lodging a Complaint: File a formal complaint with MoHRE, detailing the nature of the dispute, relevant evidence, and desired outcome.

Mediation and Conciliation: MoHRE facilitates sessions to reach a mutually acceptable resolution.

Referral to Labour Courts: If mediation fails, the case may be referred to labor courts for adjudication. Parties may engage legal representation and present their case before a judge.

Understanding the Time Limit

According to the UAE Labour Law – Federal Decree Law No. 33 of 2021, claims for any rights due will not be heard after one year from the date of violation. Hence, it is essential to file complaints as early as possible.

Work Permits and Employment during Legal Proceedings

Article 17 (4) of Cabinet Resolution No. 1 of 2022 authorizes the Ministry of Human Resources and Emiratisation (MoHRE) to revoke an employee's work permit, enabling them to seek employment in another company.

Additionally, under Article 4 and 5 of Ministerial Resolution No. 47 of 2022, MoHRE has the discretion to cancel an employee's work permit or visa based on specific conditions.

Following such cancellations, the employee must reapply for a visa and permit to ensure compliance with UAE regulations, avoiding potential fines and ensuring legal residency in the UAE.

Fees and Complaint Types

Article 55 of the UAE Labour Law exempts workers or their heirs from paying judicial fees for claims less than Dh100,000.

Different types of salary complaints include delayed salaries, non-receipt of overtime compensation, and illegal salary deductions.

How to File a Labour Complaint in the UAE

Through the MoHRE Call Centre: Contact MoHRE's call centre on 04 665 9999 and provide details of the complaint to a representative.

Through the MoHRE WhatsApp Service: Utilise MOHRE's verified WhatsApp account by saving the number 600590000 on your phone and initiating a chat with a ministry representative.

Through the MoHRE App: Follow these steps to file a labour complaint through the MoHRE app:

  • Download the "MOHRE UAE" app from the Apple App Store or "MOHRE" from the Google Play Store.
  • Tap on 'Menu', select the 'Employee' category, and click on the 'Complain' service.
  • Enter personal details and employment information, add the complaint details, and register the complaint.
  • Receive a confirmation with a transaction number to track the application's status.

Additional Provisions and Requirements

Ministerial Resolution No. 47 of 2022 outlines specific requirements for workers whose labour complaints are referred to the Labour Court.

Workers must register their labour complaint with the competent court within a maximum period of 14 days from the date of approval for referral to the judiciary.

Employees must refrain from seeking employment with another employer without obtaining a temporary work permit from the ministry.

Upon issuance of the final judgment in the labour lawsuit, in the event of termination of the work relationship between the two parties, employees must submit a request to cancel the original work permit within 14 days from the date of issuance.

Employees must apply for a temporary work permit with a new employer during the labour case process, except when reported absent by their employer.

In cases where a labour complaint results in the cessation of work for the worker, their work permit will be cancelled six months from the date of referral of the complaint to the labour court.

Conclusion

Thorough understanding of the competent authorities, procedures, and provisions governing labour disputes in the UAE empowers individuals to navigate the process of filing labour cases with confidence.

By arming themselves with knowledge, they can effectively assert their rights, seek resolution for grievances, and ensure that justice prevails in the dynamic landscape of the UAE's labour market.

This comprehensive approach not only safeguards the interests of both employers and employees but also contributes to fostering a fair and equitable working environment for all stakeholders involved.

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It’s Right Time to Claim Your Slice of the Dubai Dream; Follow TLR Realty Tips

Investing in property in Dubai offers promising prospects for long-term gains. The city boasts a favourable property price-to-rent ratio, suggesting potential capital appreciation in the future. Dubai's real estate market remains robust, attracting investors seeking diversification and high returns.

Recent data indicates that investments in Dubai's real estate reached $100 billion in 2023, with a projected five per cent growth in 2024, aligning with the UAE's 4.5 per cent economic growth.

With Dubai's residential real estate market predicted to experience a 15 per cent growth rate in 2024, it's an opportune moment for investors to acquire properties at reasonable prices and benefit from high annual yields, with profit margins ranging from five per cent to nine per cent.

When contemplating property acquisition in Dubai, it's essential to grasp both the legal landscape and the various advantages associated with investing in this dynamic city. Understanding the legal aspects ensures compliance with regulations, while recognising the benefits empowers buyers to make informed decisions.

Let's explore the legal framework and benefits of property purchase in Dubai.

Legal Procedures

Purchasing property in Dubai involves navigating legal procedures and administrative requirements. By understanding the legal framework, steps involved and key considerations, buyers can make informed decisions.

Legal Framework: Law No. 7 of 2006 serves as the primary legislation governing property ownership in Dubai. This law allows UAE and GCC residents to purchase property anywhere in Dubai. Foreign nationals, however, can buy property in designated areas classified as freehold or leasehold.

Freehold and Leasehold Ownership: Freehold ownership grants full ownership rights to the property without any restrictions, whereas leasehold ownership allows individuals to own the property for a set period, typically up to 99 years.

Steps to Buying Property in Dubai

Prepare the Buyer-Seller Contract: Negotiate terms with the seller and draft a precise contract outlining pricing, payment methods, and terms to avoid misunderstandings.
Sign the Real Estate Sale Agreement: Download the sale contract (Form F) from the Dubai Land Department (DLD) website, customise it as needed, and sign it in the presence of a witness.

Apply for No Objection Certificate (NOC): Obtain an NOC from the developer to finalise ownership transfer, ensuring there are no outstanding charges on the property.
Transfer Ownership at Registrar’s Office: Submit required documents, pay fees and receive approval for ownership transfer, resulting in the issuance of a new title deed in the buyer’s name.

Administrative Costs: Administrative fees for property purchase in Dubai include Dh580 for issuing the title deed and four per cent of the property value as fees payable to the Dubai Land Department (DLD).

Buying Property Without an Agent: Direct purchases from developers or individual sellers are possible in Dubai, bypassing the need for a real estate agent.

Role of Trustee Offices: Trustee offices in Dubai act as intermediaries authorised by the DLD to oversee property registration, manage mortgages and facilitate transactions, ensuring compliance with regulations and maintaining market integrity.

Understanding Title Deeds: A title deed issued by the DLD certifies property ownership and outlines legal rights, including the right to use, mortgage, sell or lease the property. It contains essential details such as owner name, property location, size and type.

TLR Tips for Property Purchase

  • Deal only with RERA-registered real estate agents.
  • Ensure documents in foreign languages are attested and translated into Arabic.
  • Complete transactions within 60 days of contract signing.
  • Prominent freehold districts for foreign buyers include Arabian Ranches, Palm Jumeirah, Dubai Marina and Downtown Dubai.

Benefits of Investing in Dubai Realty Market

Dubai has emerged as a hotspot for property investment, attracting individuals and businesses from around the world. From its strategic location to its tax-free environment, Dubai offers a multitude of advantages for property buyers, making it an attractive proposition.

High Returns on Investment: Dubai's real estate market has witnessed remarkable growth, with property values appreciating steadily. This presents an opportunity for property owners to enjoy substantial capital gains over time, making it an attractive destination for investors seeking high returns on their investments.

Tax-Free Environment: One of the most appealing aspects of buying property in Dubai is the lack of property and income taxes. This tax-free environment allows investors to maximize their returns without the burden of additional tax obligations, making Dubai an enticing option for property buyers.

Strategic Location: Situated between Europe, Asia, and Africa, Dubai serves as a strategic hub for international business and commerce. Its advantageous location enhances the potential for rental income and capital appreciation, making it an appealing option for property investors seeking global connectivity.

Stable Economy: Dubai boasts a stable and diversified economy, supported by key sectors such as tourism, finance, real estate, and logistics. The city's commitment to economic diversification and infrastructure development ensures a conducive environment for property owners, minimizing risks and enhancing long-term stability.

World-Class Infrastructure: Dubai's infrastructure is renowned for its modernity and sophistication. The city offers state-of-the-art amenities, including world-class transportation systems, healthcare facilities, educational institutions and entertainment options. This quality infrastructure enhances the desirability of properties, attracting both residents and investors.

Safety and Security: Dubai is known for its high levels of safety and security. The government has implemented stringent measures to maintain law and order, ensuring a peaceful living environment for residents and investors alike. This factor instils confidence in property buyers, making Dubai a preferred destination for real estate investment.

Cultural Diversity: Dubai actively embraces cultural diversity, welcoming people from all around the world to reside and work in its cosmopolitan environment. The city's diverse population fosters a vibrant social scene, offering a rich tapestry of cuisines, festivals, and cultural experiences for residents to enjoy.

Lifestyle and Entertainment: Dubai epitomises luxury and opulence, providing residents with access to unparalleled lifestyle amenities and entertainment options. From lavish hotels to high-end shopping centres and exquisite dining establishments, Dubai offers a high-quality lifestyle that appeals to discerning individuals.

Residency Opportunities: Purchasing property in Dubai provides a residency opportunity, enabling individuals to enjoy the city's benefits, including access to healthcare, education and other essential services. Depending on the property's value, investors may be eligible for a renewable residency visa, making Dubai an attractive option for those seeking long-term settlement or investment.

Future Growth Potential: Dubai continues to invest in ambitious projects and initiatives, positioning itself as a global destination for business, tourism, and innovation. The city's forward-thinking approach and commitment to growth indicate the potential for future appreciation in property values, making it an attractive long-term investment option for savvy investors.

Dubai presents a compelling proposition for investors looking to capitalide on the city's growth and prosperity. Whether you're seeking a lucrative investment opportunity or a luxurious lifestyle, Dubai's real estate market has something to offer for everyone.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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All You Need to Know About 'Mahr': Understanding the Legal Limits of Dowry Payments

In the multi-cultural landscape of the United Arab Emirates (UAE), where tradition intersects with modernity, one practice that continues to spark debate is the tradition of dowry, known locally as "mahr."

As discussions on cultural practices and legal compliance gain momentum, the general public grapples with the question of whether the dowry system aligns with the UAE's evolving legal frameworks.

Cultural Tradition vs Legal Compliance

The dowry system, deeply rooted in tradition, is a customary practice where the groom provides a financial or material gift to the bride as a symbol of commitment and support.

While traditionally prevalent in many societies, including parts of the UAE, its legality and compliance with contemporary laws are under scrutiny.

Under Islamic law, the payment of mahr is a fundamental aspect of marriage contracts, with specific guidelines outlined in Sharia. However, interpretations vary, and the implementation of dowry practices can differ across cultural and familial traditions.

Law on Determining Dowry and Wedding Expenses in the UAE

  • Federal Law No. 21 of 1997 determines the dowry in marriage contracts and related expenses in the UAE. It aims to regulate the practice of determining dowry amounts in marriage contracts and to establish guidelines regarding related wedding expenses within the UAE.In a marriage contract, the dowry given in advance cannot exceed Dh20,000, and the deferred dowry cannot be more than Dh30,000.
  • Any disputes over dowry amounts above these limits won't be heard in court, even if the case was filed before this law came into effect.
  • Weddings can only last for one day.
  • No more than nine camels can be slaughtered at wedding ceremonies.
  • Anyone breaking this law loses the marriage grant set by Federal Law No. (47) of 1992.
  • Breaking the rules about camels at weddings can result in a fine of Dh500,000.
  • The Minister of Interior and Minister of Justice, Islamic Affairs, and Endowments are responsible for enforcing this law and can make necessary decisions about it.
  • Any laws or provisions that go against this law are cancelled.
  • This law will be published officially and becomes effective immediately upon publication.

Legal Frameworks and Debates

In recent years, the UAE has witnessed significant legal reforms aimed at promoting gender equality and protecting women's rights.

The UAE Personal Status Law, for instance, outlines provisions related to marriage contracts, including stipulations regarding mahr.

Critics argue that the dowry system, if not regulated effectively, can perpetuate financial burdens on grooms and reinforce gender inequalities.

They advocate for stricter legal oversight to prevent exploitation and ensure that dowry payments are reasonable and consensual.

Conversely, proponents of the dowry system view it as a cultural tradition that strengthens familial bonds and reflects the groom's commitment to providing for his bride.

They emphasise the importance of preserving cultural heritage while respecting individual freedoms and choices.

Legal Experts' Perspectives

Legal experts weigh in on the debate, highlighting the importance of aligning cultural practices with legal frameworks to uphold fundamental rights and prevent exploitation.

They emphasise the need for clarity in defining dowry obligations within marriage contracts, ensuring transparency and consent from all parties involved.

Furthermore, legal scholars stress the significance of ongoing dialogue and collaboration between religious authorities, legal institutions and community leaders to address the complexities surrounding the dowry system effectively.

Moving Forward

As discussions on the legality of the dowry system in the UAE continue, stakeholders advocate for a balanced approach that respects cultural traditions while safeguarding individual rights and promoting gender equality.

The evolving legal landscape presents opportunities for constructive dialogue and policy reforms aimed at addressing societal norms in alignment with contemporary values and principles.

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Are You a Victim of Domestic Violence? What You Can Do to Protect Yourself?

If you are suffering from domestic violence, it's crucial to understand that assistance is available. You can approach law enforcement agencies, medical facilities, social welfare services, or support groups dedicated to aiding victims of abuse, and support is within your reach.

Domestic violence is a major issue affecting individuals worldwide, including those residing in the United Arab Emirates. The UAE government has taken decisive action to address this issue, notably with the implementation of the Family Protection Policy in 2019.

The policy aims to protect women, children, the elderly and individuals with special needs from all forms of violence and abuse. Furthermore, the UAE has enacted legislation specifically tailored to safeguard victims of domestic violence and ensure they have access to essential legal rights and support networks.

Under Federal Decree Law no.10/2019 on the Protection of Domestic Violence, domestic violence includes various forms of abuse, including physical, psychological, sexual and economic mistreatment.

The law outlines specific legal rights provided to victims of domestic abuse in the UAE:

Filing a Complaint: Victims have the right to report incidents of abuse to law enforcement authorities, leading to a thorough investigation and necessary interventions to ensure their safety.

Protective Orders: Victims can seek protection orders from the court, which prohibit the abuser from contacting or approaching them. These orders are issued based on the victim's application and are designed to provide effective protection measures.

Medical Care and Counselling: Victims have access to medical care and counselling services offered by various healthcare facilities and organisations, ensuring comprehensive support for their physical and emotional well-being.

Legal Representation: Victims have the right to legal representation if they opt to pursue legal action against their abuser, ensuring fair treatment throughout the legal process.

Compensation: Victims are entitled to compensation for damages incurred as a result of the abuse, including medical expenses and lost income.
Despite social customs and habits that may contribute to underreporting of domestic violence cases, there has been a notable increase in women taking action against their abusers in recent years.

This proactive approach has led to a 20 per cent decrease in reported cases in 2022, highlighting the positive impact of increased awareness and support mechanisms.
It’s not just about getting immediate help but also about knowing your legal rights and options.

Therefore, if you find yourself facing domestic violence in the UAE, it's necessary to reach out to an experienced lawyer or law firm for guidance. A lawyer can walk you through your legal rights and options, ensuring you understand the steps you can take to protect yourself.

(The writer is a Legal Associate at Dubai-based NYK Law Firm)

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New Law Issued for Creating Digital Platform for Company Registration in Dubai

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, has issued Decree No. (13) of 2024 concerning the establishment of a Unified Digital Platform for company registration in Dubai.

The decree is part of Dubai's ongoing efforts to bolster its business environment and foster economic development.

The platform aims to consolidate various licensing procedures in Dubai, including those overseen by the Department of Economy and Tourism, as well as authorities managing special development zones and free zones such as the Dubai International Financial Centre (DIFC), among others.

The integration is geared towards substantially enhancing the experience of investors in Dubai by providing a streamlined avenue for accessing information, obtaining licenses, and accessing other services pertinent to economic activities.

Applicable to all economic endeavours in Dubai, the decree also aims to standardize the issuance of licenses, permits, and approvals in the emirate to promote clarity and simplicity. Furthermore, it seeks to assist investors in overcoming challenges encountered during the establishment or operation of businesses in Dubai.

The decree underscores the importance of electronic integration between licensing departments and other relevant entities to eliminate procedural redundancies and support Dubai's digital transformation objectives in alignment with the goals outlined in the Dubai Economic Agenda D33, aimed at positioning the city as a hub for the digital economy.

In a complementary move, His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, the Crown Prince of Dubai and Chairman of The Executive Council of Dubai, has issued Resolution No. (5) of 2024 of the Council, endorsing the fundamental principles aimed at facilitating investors' journeys in Dubai.

These principles are applicable across all processes related to licensing, permits, and approvals for business activities in Dubai, effective concurrently with the implementation of the new decree.

According to the resolution, all licensing entities and federal and local regulatory bodies overseeing business activities in Dubai are tasked with ensuring a seamless journey for investors and implementing the necessary procedures to facilitate this objective.

Furthermore, the resolution outlines various measures to enhance the investor experience, including registration on the 'Invest in Dubai' digital platform, unified digital data registration, expedited licensing and renewal processes, simplified fee payment procedures, streamlined licensing requirements, and the standardisation of procedures, regulations and conditions.

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Where There is a Will, There is Peace of Mind; Register it Now to Safeguard Your Legacies

Creating a will is a fundamental aspect of estate planning, regardless of one's nationality or location. A will allows individuals to specify how they want their assets, properties and belongings to be distributed upon their death.

Registering a will adds an extra layer of security, ensuring that the document is legally recognised and accessible to relevant authorities and beneficiaries. Taking the time to register your will offers invaluable peace of mind and reassurance for both you and your beneficiaries.

For expatriates, ensuring that their assets and belongings are distributed according to their wishes in the event of their passing is a crucial consideration. However, registering a will as an expatriate requires navigating legal processes that may vary depending on the country of residence.

This article aims to provide expatriates with a comprehensive guide on how to register their wills to ensure their wishes are legally recognised and upheld.

Steps to Register Your Will as an Expat

Consult Legal Experts: Before drafting your will, seek advice from legal professionals who specialise in estate planning and inheritance laws in your country of residence. They can provide guidance on the legal requirements and formalities involved in creating and  registering a will as an expatriate

Draft Your Will: Work with your legal advisor to draft a comprehensive and legally sound will that accurately reflects your wishes regarding the distribution of your assets and the appointment of guardians for minor children, if applicable. Ensure that your will complies with the laws and regulations of your country of residence.

Choose a Registration Method: Research the available options for registering your will in your country of residence. Some countries may have specific government agencies or registries responsible for will registration, while others may recognise wills registered with private institutions or notaries.

Complete the Registration Process: Follow the prescribed procedures for registering your will, which may include submitting the document to the relevant authority, completing registration forms and paying any associated fees. Be sure to retain copies of all registration documents for your records.

Review and Update Regularly: Review your will periodically to ensure that it accurately reflects your current circumstances, wishes and intentions. Life changes such as marriage, divorce, the birth of children, or acquiring new assets may necessitate updates to your will.

Benefits of Registering Your Will

Legal Validity: Registering your will adds credibility and authenticity to the document, making it legally enforceable and recognised by courts and authorities.

Prevent Disputes: A registered will provides clarity and certainty regarding your intentions, reducing the likelihood of disputes or challenges among beneficiaries.

Expedited Probate Process: Registering your will can streamline the probate process by providing clear instructions for the distribution of your estate, thus facilitating a faster resolution of your affairs.

Peace of Mind: By registering your will, you can have peace of mind knowing that your wishes will be carried out and your loved ones will be provided for according to your instructions.

Registering your will as an expatriate is a proactive step towards ensuring that your assets and belongings are distributed according to your wishes after your passing.

By consulting legal experts, carefully drafting your will, choosing a suitable registration method and staying informed about the legal requirements, expatriates can safeguard their legacies and provide for their loved ones even from afar.

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It’s Time to be Patient: Respect Ramadan Rules, Fostering Sense of Unity

With the Holy Month of Ramadan underway, residents and visitors in the UAE are reminded of the importance of observing the rules and traditions associated with this significant time in the Islamic calendar.

Ramadan is a time of fasting, prayer, reflection, and charitable acts for Muslims worldwide. However, for those unfamiliar with the customs or unaware of the local laws, it's crucial to understand the implications of breaking Ramadan rules in the UAE.

Eating in Public: One of the most noticeable rules during Ramadan is the prohibition of eating or drinking in public during fasting hours. This rule applies to both Muslims and non-Muslims out of respect for those observing the fast.

While restaurants and cafes are usually open during the day, they typically have designated areas where patrons can dine discreetly without offending those fasting.

Breaking this rule by openly eating or drinking in public can result in penalties, including fines or even imprisonment, depending on the severity of the offense and the discretion of law enforcement authorities. Residents and tourists alike need to be mindful of their actions and respect the cultural norms during this time.

Children are permitted to eat and drink in public during Ramadan.

If you unintentionally eat or drink in public, it's advisable to apologise and strive to avoid repeating the mistake.

Begging:Another practice that is strictly prohibited during Ramadan in the UAE is begging. While begging is generally illegal throughout the year, it is particularly frowned upon during Ramadan when the community is encouraged to focus on charitable giving through official channels and organisations.

Individuals found begging during Ramadan may face legal consequences, including fines and deportation, as it is considered a violation of the country's laws and cultural norms. The UAE authorities take a zero-tolerance approach to begging, especially during this sacred time, to maintain the safety and well-being of the community.

Fundraising:While charitable giving is highly encouraged during Ramadan, fundraising activities must be conducted through approved channels and registered charities.

Any unauthorised fundraising or solicitation of donations, especially in public spaces or through unverified means, is strictly prohibited and can result in legal consequences.

Residents and organizations wishing to conduct fundraising activities during Ramadan are advised to seek proper authorisation from the relevant authorities and ensure compliance with local regulations to avoid penalties.

Ramadan is a time of spiritual reflection, self-discipline and compassion. It's essential for both residents and visitors in the UAE to respect and understand the significance of this Holy Month for Muslims.

By observing the rules and traditions associated with Ramadan, individuals can contribute to fostering a sense of unity and respect within the diverse community of the UAE.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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Citizenship Amendment Act Notified, Weeks Before India General Elections

The Prime Minister Narendra Modi-led Indian government on Monday implemented the Citizenship Amendment Act (CAA), five years after it was passed in Parliament. The notification comes ahead of the announcement of dates for the Lok Sabha elections by the Election Commission of India.

The applications will be submitted in online mode for which a web portal has been provided.

Union Home Minister Amit Shah lauded the notification of Citizenship (Amendment) Rules, 2024 and said its implementation would enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to acquire citizenship in India.

"With this notification PM Shri @narendramodi Ji has delivered on another commitment and realised the promise of the makers of our constitution to the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians living in those countries," the Home Minister said in a tweet.

Last month, Amit Shah said that the CAA will be implemented before the Lok Sabha elections this year after issuing the rules in this regard.

The CAA, enacted by Parliament on December 11, 2019, has been a subject of intense debate and widespread protests across India.

The CAA amends the Citizenship Act of 1955 to provide a fast-track pathway to Indian citizenship for migrants from Afghanistan, Bangladesh, and Pakistan who belong to Hindu, Sikh, Jain, Parsi, Buddhist and Christian communities and who entered India on or before December 31, 2014, due to facing religious persecution in their home countries.

There were sit-ins at Delhi's Shaheen Bagh and protest gatherings in Guwahati, Assam. All the protests fizzled out during the Covid-induced restrictions and lockdowns.

After the government's notification, the Delhi Police has amped up security in and around the Shaheen Bagh area, which was the epicentre of the anti-CAA protests last time. Besides, the Gautam Buddh Nagar Police also conducted a flag march in Noida, following Centre's announcement.

"As per the directions given by the CM, we are conducting foot patrolling at populated and sensitive areas. Through this, we are trying to assure people that we are with them," Joint Commissioner Shivhari Meena told news agency PTI.

Meanwhile, the Congress questioned the timing of the government's notification, saying it had been done to "polarise the elections".

"It has taken four years and three months for the Modi Government to notify the rules for the Citizenship Amendment Act that was passed by the Parliament in December 2019. The Prime Minister claims that his government works in a business-like and time-bound manner. The time taken to notify the rules for the CAA is yet another demonstration of the Prime Minister’s blatant lies," Congress's Communications In-charge Jairam Ramesh said in a post on X.

"After seeking nine extensions for the notification of the rules, the timing right before the elections is evidently designed to polarise the elections, especially in West Bengal and Assam. It also appears to be an attempt to manage the headlines after the Supreme Court’s severe strictures on the Electoral Bonds Scandal," he added.

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Understanding Rent Increase in the UAE: Legal Implications and Tenant Rights

Renting a property in the UAE can be a complex process, particularly when it comes to rent increases. Given the dynamic real estate market and the influx of expatriates, it is crucial for both landlords and tenants to have a clear understanding of the legal framework surrounding rent hikes.

This article aims to explore the intricacies of rent increase regulations in the UAE, shedding light on the legal implications and tenant rights associated with such changes.

In the UAE, the relationship between landlords and tenants is governed by Federal Law No. 26 of 2007, commonly known as the UAE Tenancy Law, along with its subsequent amendments. Additionally, each emirate may have its own regulations pertaining to rental matters.

However, the UAE Tenancy Law applies to all emirates unless otherwise specified. Under the UAE Tenancy Law, landlords are allowed to increase the rent of residential properties under certain circumstances.

These circumstances typically include the completion of the lease period, which is usually set at one year, or if the current rent is significantly lower than the average market rate for similar properties in the vicinity. However, any rent increase must comply with the guidelines outlined in the law.

Legal Implications

Notice Period: Landlords are obligated to provide tenants with sufficient notice before implementing a rent increase. Generally, this notice period ranges from 90 to 180 days, depending on the emirate and the terms specified in the tenancy contract. Failure to provide adequate notice can render the rent increase invalid.

Limitations on Increase: The UAE Tenancy Law imposes restrictions on the extent to which landlords can increase the rent. While there is no specific cap mentioned in the law, rent hikes must be justifiable and reasonable. Any arbitrary or excessive increase beyond the prevailing market rates may be considered unlawful.

Dispute Resolution: In the event of a disagreement between landlords and tenants regarding a rent increase, both parties have the option to seek resolution through appropriate channels. This may involve filing a complaint with the relevant rent dispute committee or utilising mediation services provided by governmental authorities.

Tenant Rights

Right to Challenge: Tenants have the right to challenge any proposed rent increase that they believe is unjust or unreasonable. They can provide evidence, such as market comparisons or rental valuation reports, to support their case.

Protection from Retaliation:Landlords are prohibited from retaliating against tenants who exercise their rights or express concerns about rent increases. Any form of harassment, eviction threats, or arbitrary lease terminations in response to such actions is illegal and can lead to legal consequences for the landlord.

Renewal Options: When the tenancy contract expires, tenants have the choice to renew the lease under mutually agreed terms. Landlords cannot force tenants to accept a rent increase as a condition for renewal if it violates the provisions of the UAE Rent Law.

Rent increases in the UAE are governed by strict legal regulations designed to safeguard the rights of both landlords and tenants. It is crucial for individuals to understand the legal framework surrounding rent hikes, including notice periods, limitations, and dispute resolution mechanisms, in order to ensure a fair and transparent rental market.

Tenants should be aware of their rights and the options available to them in the event of unjustified rent increases, while landlords must adhere to the prescribed procedures to avoid legal consequences.

By upholding principles of fairness and compliance with the law, the rental landscape in the UAE can foster harmonious relationships between landlords and tenants.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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Spreading Rumours Can Land you in Jail and Fines of up to Dh500000

Have you ever pondered about the consequences of spreading rumours in the UAE? While some may view rumours as harmless gossip, spreading them is considered a serious legal offense in the UAE, carrying severe repercussions.

News plays a crucial role in our lives, shaping our perceptions and guiding our choices. Dissemination of false information can have far-reaching consequences. The UAE has enacted stringent measures to combat misinformation and rumours, and protect societal interests.

Spreading rumors, particularly on social media, is strictly prohibited under UAE's cybercrime laws. Those who violate the law can face severe penalties, including imprisonment and hefty fines. Article 29 of Federal Law number 5 of 2012 outlines punishments for spreading rumours with malicious intent, while Article 9 addresses the misuse of IP addresses.

Rumours pose a serious threat to society by hindering development and challenging stability, which is precisely why the UAE's laws aim to maintain order and protect its citizens from misinformation.

The rapid spread of news through social media often overlooks its credibility, leading to the dissemination of false information and fabricated stories. The UAE acknowledges this challenge and has taken proactive steps to address it. The implementation of Federal Decree-Law No. 34/2021 and Federal Decree-Law No. 31/2021 signifies the government's commitment to combat rumours and cybercrimes

Article 43 of the Cyber Law penalises individuals who use information networks or technology to spread false events or insults, with punishments ranging from detention to fines of up to Dh500,000.

Similarly, Article 52 of Federal Decree-Law No. 34/2021 targets the spread of false information that disrupts public peace or threatens public interest. Offenders face detention and fines starting from Dh100,000, with more severe penalties for cases involving epidemics, crises, or emergencies.

These laws aim to safeguard public opinion, maintain peace and protect national interests in the digital age. Spreading rumours can harm someone's reputation, cause emotional distress and even damage relationships.

The UAE takes pride in its strong sense of community and respect for individuals, and spreading rumours goes against the values of honesty and integrity that the UAE upholds.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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INSPIRE INCLUSION: Support For Women’s Rights and Skills Accelerate UAE’s Progress

The global community commemorates International Women's Day on March 8, a day dedicated to acknowledging the social, economic, cultural, and political achievements of women.

This year's celebration adopts the theme 'Invest in Women: Accelerate Progress.' The campaign theme, titled 'Inspire Inclusion,' underscores the critical need to address economic challenges faced by women.

Let's delve into how women in the UAE have progressed, supported by government investments in their rights and skills.
The protection of women's rights in the UAE is bolstered by a comprehensive legal framework that upholds gender equality and ensures the well-being of women across various facets of life, including reproductive rights and adoption.

According to the UAE Constitution, women hold equal legal status as men, entitling them to access education, professional opportunities and property inheritance rights.

Reproductive Rights

Regarding reproductive rights, the UAE recognises the significance of women's autonomy and consent, particularly concerning matters such as abortion. Although specific legislation addressing abortion may not be explicitly outlined, the broader legal framework supporting women's rights and autonomy likely extends to decisions concerning reproductive health, including abortion, with a focus on women's consent and welfare.

Moreover, adoption is open to single women in the UAE, reflecting a commitment to supporting women in diverse family structures. This inclusive stance acknowledges the capability of single women to provide nurturing environments for children.

Maternity Leave

Maternity leave constitutes another vital aspect of women's rights in the UAE. The nation acknowledges the necessity of granting adequate time off for women during and after pregnancy to safeguard their health and that of their newborns. Typically, maternity leave in the UAE spans 45 days with full pay.

Some employers may offer extended maternity leave periods as part of their benefits package, thereby providing additional support to women during this critical period. Additionally, women are entitled to additional unpaid leave beyond the initial 45 days if necessary for medical reasons related to childbirth or pregnancy complications.

Education, Business

The UAE demonstrates a noteworthy commitment to gender equality in education, with more women than men completing secondary education and pursuing higher education, including in STEM fields. This emphasis on education ensures equal opportunities for personal and professional development for women.

Moreover, women actively participate in various sectors of the economy, including business and government. The UAE has implemented policies to promote women's participation in both the private and public sectors, ensuring equal access to economic resources and leadership positions.

In the UAE, women possess the freedom to own property and secure mortgages, with approximately 30 per cent of all real estate in Dubai owned by women. This reflects the country's dedication to economically empowering women and ensuring their financial independence.

Women's representation in government and diplomacy is significant in the UAE, with women holding leadership roles in parliament and serving as ambassadors and consuls general. This representation underscores the UAE's commitment to gender balance and empowerment across all levels of governance and international relations.

Furthermore, women in the UAE are making substantial contributions to STEM (Science, Technology, Engineering and Mathematics) fields, showcasing their expertise and leadership in areas such as space exploration, engineering and technology. The UAE's support for women in STEM underscores its dedication to advancing innovation and knowledge-based industries with gender-inclusive participation.

The UAE's adherence to international conventions and treaties, such as the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), highlights its commitment to aligning its policies with global standards for women's rights and empowerment.

Overall, the UAE's legal framework and initiatives reflect a holistic approach to protecting and promoting women's rights, encompassing reproductive rights, education, economic participation, political representation, and contributions to STEM fields.

The UAE government's efforts to invest in women's rights, skills, and economic empowerment align with the theme of 'Invest in Women: Accelerate Progress' for International Women's Day 2024. These initiatives continue to inspire inclusion and accelerate the progress of women, contributing to their social, economic, cultural, and political achievements.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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Although Not Illegal, Cohabiting Couples May Face Legal and Societal Challenges

In the UAE, living together as an unmarried couple is not explicitly illegal. Recent legal reforms have removed criminal implications, offering a more comfortable environment for cohabiting couples. However, it is crucial to note that while not illegal, the UAE legal system does not grant unmarried couples the same rights and recognition as married counterparts.

Acknowledging the growing number of tourists from Western countries who may seek investment opportunities and prolonged stays in the UAE, the government has embarked on a comprehensive series of legal reforms.

These reforms represent a significant legal evolution, tackling key issues such as divorce, inheritance laws, and addressing sensitive matters like honour killings. Aimed at improving the quality of life for expatriates in the UAE, these initiatives include legal amendments concerning live-in relationships.

The concept of living together in the UAE frequently ignites the interest of both expatriates and residents, sparking uncertainty and prompting a plethora of questions regarding its legality and societal acceptance.

Let's delve into these common inquiries and explore the experience of living together in the UAE, covering legal aspects, societal perspectives, and essential considerations.

Is Living Together in the UAE Legal?

Living together as an unmarried couple is not expressly prohibited in the UAE. The implementation of recent legislation has effectively eliminated its classification as a criminal offense, thereby creating a more comfortable environment for couples in informal partnerships to stay in the UAE.

However, it's vital to recognise that the legal system in the UAE does not recognise unmarried couples in the same way it does to married ones. This absence of legal recognition may influence several facets of life, encompassing residency, inheritance rights and healthcare access.

What are the Implications?

Living together without being married can carry legal consequences. Unmarried partners do not possess the same legal rights and protections as married individuals. This disparity can affect various aspects, such as the accessibility of joint bank accounts, shared assets and specific healthcare benefits for unmarried couples.

What are the Societal Attitudes?

In the UAE, renowned for its cultural diversity and tolerance, societal attitude towards unmarried cohabitation can vary. Marriage is highly valued in the UAE, and certain traditional communities may view living together without formal marriage differently. 

Though not illegal, unmarried couples may face challenges regarding legal recognition and societal acceptance.
By understanding the legal landscape, respecting cultural norms and seeking appropriate guidance, unmarried couples can navigate their living together journey in the UAE with clarity.

(The writer is a legal associate at Dubai-based NYK Law Firm)

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Is the $6 Billion Legal Fee in Elon Musk's Tesla Pay Package Lawsuit Justified?

Lawyers who successfully challenged Elon Musk's $56 billion Tesla pay package as excessive acknowledged that their request for a $6 billion fee is "unprecedented." Yet, from certain perspectives, it might be deemed economical.

The fee's assessment, much like Musk's contested compensation, defies simple comparison. A Delaware judge will soon deliberate on its reasonableness and compliance with various legal standards.

According to documents filed in the Court of Chancery in Delaware, the fee translates to an hourly rate of $288,888 for the efforts expended by each of the 37 lawyers, associates and paralegals involved in the case. In contrast, premier corporate attorneys bill $2,000 per hour, while seasoned associates at major law firms earn approximately $288,000 annually.

At the $2,000 per hour rate, the aggregate time invested by the shareholders' legal team—roughly 19,500 hours—would tally around $39 million, significantly less than $6 billion.

In addition to its magnitude, the fee stands out for its unconventional nature. The legal team seeks compensation by obtaining a portion of what Musk is relinquishing—Tesla stock from his pay package. Specifically, they aim for 29 million of the 266 million shares Tesla is receiving as a result of the ruling, asserting that the fee incurs no cost for Tesla.

The shareholders' legal representation comprises three law firms: Bernstein Litowitz Berger & Grossmann and Friedman Oster & Tejtel, both headquartered in New York, and Andrews & Springer of Wilmington. The legal team declined further comment beyond their court filing, as per an email from Greg Varallo of Bernstein, according to Reuters.

Ordinarily, in shareholder lawsuits like Richard Tornetta's 2018 case concerning Musk's compensation, legal teams operate pro bono, anticipating a share of any eventual settlement or judgment.

The highest fee awarded in a shareholder lawsuit to date is the $688 million granted in 2008 to the attorneys representing Enron shareholders, according to Stanford Law School. This securities fraud case stemmed from the commodities trader's concealed debts, leading to its bankruptcy.

Judges do not evaluate fees solely based on their sheer size. However, even by other metrics, the fee in the Musk case surpasses that of Enron. The Enron fee amounted to 9.5 per cent of the $7.2 billion settlement, also a record. In contrast, the lawyers in the Musk case stated that their fee request equates to 11 per cent of the stock Musk would be returning to Tesla.

Federal judges typically award lower percentages as settlements increase in size, particularly in cases surpassing $1 billion.

Exceptions

But there are exceptions, and they resemble cases akin to the Musk lawsuit. In 2016, a federal judge granted an unusually high fee of 25 per cent, equivalent to $422 million, from a $1.6 billion settlement in a securities lawsuit against Household International, a consumer finance company, for concealing its unsound lending practices. This protracted case, spanning 14 years, resembled the Musk case as it involved a rare occurrence in shareholder litigation—a trial. The court deemed the extensive duration and associated risks justified the fee.

Fortunately for the legal team representing shareholders in the Musk case, it was adjudicated in Delaware state court, where factors like the efforts of the legal team and case complexity are considered when assessing fees.

Delaware's approach was underscored in a 2011 ruling approving a fee of $304 million for a legal team contesting a deal by Southern Copper Corp that was found to favour its controlling shareholder, Grupo Mexico. Delaware judge Leo Strine faced a request for an unprecedented fee of $35,000 per hour, which defendants argued could disrupt the legal system. Strine deemed it a healthy incentive and sanctioned the fee, amounting to 15 per cent of the $2 billion judgment.

However, Delaware's approach might undergo changes. The Delaware Supreme Court is reviewing an appeal concerning a fee representing 27 per cent of a $1 billion settlement in 2022 involving Dell Technologies. This class-action lawsuit against the company stemmed from a 2018 stock conversion related to Dell's stake in VMware.

Oral arguments are scheduled for May, and two groups of law professors have submitted opposing amicus briefs—one positing that Delaware incentivises shareholder lawyers to pursue the largest settlements, and the other suggesting that fee percentages should decrease as recoveries increase.

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FB, Insta Down: Memes Mock SM Platforms While Elon Musk Shares a Playful Titter

On Tuesday night, a digital frenzy unfolded as platforms owned by Meta, including Facebook and Instagram, as well as Threads, Messenger and some WhatsApp users, grappled with significant outages.

Starting around 8:56 p.m., users faced difficulties loading content on their feeds, encountering issues with app functionality, login processes, and content uploading. This led users to turn to 'X' for confirmation of the widespread issue and, naturally, to create memes about it.

The Meta outage quickly became a viral topic on Elon Musk's 'X' platform, with numerous users reporting sudden logouts from Meta-owned social media platforms. Phrases like "Cyberattack," "Mark Zuckerberg," and "Instagram Facebook Down" surged to the top of trending topics.

Musk himself took advantage of the situation to showcase the "superiority" of his platform, while playfully poking fun at the outage, as seen in one of his posts: "If you’re reading this post, it’s because our servers are working."

But this was just the beginning. The influx of memes kept people entertained as they waited for services to be restored, injecting humor and jokes into the situation. Downdetector, a website tracking outages, recorded over 300,000 Facebook outages and more than 47,000 reports of Instagram downtime worldwide.

Andy Stone from Meta addressed concerns on 'X,' offering reassurance that solutions were in progress.
The outage persisted for approximately an hour, after which all apps resumed normal operation.

A statement was issued, expressing regret for any inconvenience caused and confirming the swift resolution of the issue. "We resolved the issue as quickly as possible for everyone who was impacted, and we apologise for any inconvenience."

The financial repercussions of this widespread disruption should not be overlooked, as it not only disconnected billions of users but also dealt a significant blow to the company, according to experts.

Meta's share price initially dipped by 1.5 per cent as issue reports flooded in, later sliding further by 1.6 per cent.
Experts have now revealed the staggering financial toll on Zuckerberg due to this colossal downtime. Dan Ives, managing director of Wedbush Securities, disclosed that Mark Zuckerberg suffered a loss of about $100 million in income on Tuesday as a result of the global outage of his platforms.

Netizens Fear Hacking, Cyber Attack

Hundreds of people took to microblogging site X reporting about Facebook and Instagram outage.
One user wrote, “Is meta down or am I being hacked? my instagram isn’t loading and my facebook is also “session logged out".

Another said, “I thought my Facebook and Instagram got hacked for a second."
"Me coming to twitter to see if #INSTAGRAM is down once again," another user tweeted.
An X user 'Fram Freeman' claimed, “I've been scrambling changing passwords 3 times thinking I'm racing the hackers like in a movie lol."

Meanwhile, a user names Fawad Rehman posted, "Instagram, Facebook and Whatsapp are down. #CyberAttack".

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Red Ferrari Belonging to Formula One Driver Stolen, Reappears After 28 Years

The pace at which justice unfolds might pale in comparison to the speed of Formula One, yet Scotland Yard has finally recovered a unique Ferrari once owned by racing icon Gerhard Berger, 28 years after its disappearance.

The red Ferrari F512M Testarossa worth £350,000 was stolen from the Austrian 10-times Grand Prix winner while he was competing at the San Marino Grand Prix at Imola in April 1995.

Also stolen was another Ferrari, a silver-grey F355, belonging to fellow Formula One driver Jean Alessi, which remains missing. Both drivers were competing for the Ferrari Formula One team at the time.

Berger, who is now 64, reportedly came across the thief as they were making off with the car and unsuccessfully tried to chase them in a friend’s Volkswagen Golf.

At the time, Italian police said they believed the cars were likely to have been stolen to order.

London's Met Police said officers received a report from the legendary Italian car maker in January this year after it had carried out checks on a car being bought by a US buyer through a UK broker last year.

The Organised Vehicle Crime Unit discovered the car had been shipped to Japan shortly after being stolen, before it was brought to the UK in late 2023.

Officers then swooped to take possession and prevent it from being exported.

Met Police said the team’s inquiries “were painstaking and included contacting authorities from around the world”, but resulted in the car being quickly recovered.

"The stolen Ferrari – close to the value of £350,000 – was missing for more than 28 years before we managed to track it down in just four days,” police said.

Berger, known for his illustrious Formula One career, finished third overall in the 1988 and 1994 championships, driving for Ferrari. Since retiring, he has transitioned into a respected pundit within the sport.

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New UAE Bankruptcy Law on the Anvil: Key Insights for Businesses, Individuals

Major changes await the UAE's financial landscape as the new Bankruptcy Law is slated to become effective on May 1, 2024. Published in the Official Gazette six months ago, this law grants businesses and individuals operating in the UAE a transition period to align with the changes and ensure compliance.

While replacing the Prior Law, it introduces enhancements aimed at bolstering the nation's bankruptcy framework and fostering a dynamic economic environment.

Key Features of the New Bankruptcy Law

Scope and Definitions: The new Bankruptcy Law  retains a broad scope, encompassing companies governed by the UAE Commercial Companies Law, individual traders, and licensed civil professional companies. It provides clarity and expands upon key definitions such as "cessation of payments" and "debtor's assets," while introducing terms like "related party" and "required majority" to enhance precision.

Establishment of Bankruptcy Court: A significant development is the establishment of a specialised Bankruptcy Court, with jurisdiction over bankruptcy-related matters. This dedicated tribunal aims to expedite proceedings and ensure efficient adjudication, offering immediate enforceability of judgments without the need for formal service.

Preventive Settlement Mechanism: Replacing the prior preventive composition, the new law introduces a court-supervised preventive settlement mechanism. This process enables debtors to continue business operations while addressing their debts, fostering a conducive environment for financial restructuring and debt repayment.

Liability of Management: The Bankruptcy Law extends liability beyond board members and managers to individuals directly involved in company management and liquidation. These individuals may be held accountable for actions contributing to the company's financial decline, subject to proportional liability for prescribed acts committed within two years before cessation of payments.

Claw Back and Enforcement: The law refines provisions regarding clawback, narrowing the timeframe for unwinding certain transactions to six months before cessation of payments, extendable to two years for transactions involving related parties. Moreover, it empowers creditors with secured debts to initiate enforcement proceedings against secured assets with the approval of the Bankruptcy Court.

Implications and Next Steps: Furthermore, the law's focus on holding management accountable underscores a commitment to fair business practices. Compliance with the Bankruptcy Law is crucial as non-compliance could result in serious consequences, including facing criminal charges for harming creditors.

In the coming months, stakeholders across various industries must familiarise themselves with and adhere to the new bankruptcy regulations. Detailed rules accompanying the law are expected, emphasising the importance of remaining vigilant and adaptable to leverage these changes optimally. The law will significantly impact how businesses address financial challenges, fostering a more favourable environment for investors in the UAE

(The writer is a legal associate at Dubai-based NYK Law Firm.)

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Dubai Police Launches Campaign to Combat Begging; Announces Hefty Fines

 

Dubai authorities are taking stern action to address the issue of begging in the Emirate with the aim of raising awareness on the importance of preserving the civilized image of the Emirate.

As part of this move, the Dubai Police General Command announced the launch of its annual “Fight Begging” campaign, which continues throughout the holy month of Ramadan.

This announcement came during a press conference held by the General Department of Criminal Investigations and Investigations at its headquarters in Dubai, in the presence of Brigadier Dr Saeed Abdullah Al Qamzi, Assistant Director of the General Department of Investigations for Criminal Operations Affairs, Brigadier Ali Salem Al Shamsi, Director of the Suspects and Criminal Phenomena Department, and Brigadier Nabil Al Redha, Director of the Emergency Department at the General Department of Security.

The campaign will be supported by General Directorate of Residency and Foreigners Affairs in Dubai, the Dubai Municipality and the Department of Islamic Affairs and Charitable Activities in Dubai.

Brigadier Dr Saeed Abdullah Al Qamzi said that Dubai Police annually monitors new methods used by beggars such as using social media platforms and new technologies to lure their victims, pointing out that "beggars exploit the compassion and generosity of people, particularly during the holy month of Ramadan. This behavior is seen as detrimental to the security and well-being of society".

Those found begging will face strict penalties, including a minimum fine of Dh5,000 and up to three months in prison.
Individuals caught organising begging activities and bringing people from abroad to participate in them will face severe penalties, including a minimum imprisonment of six months and a fine not less than Dh100,000.

The authorities have noted a concerning rise in the exploitation of social media platforms to promote begging, often under false pretenses of assisting those in need. Dubai Police emphasise that stringent actions will be taken to combat such deceptive practices.

According to the Information Technology Crime Law of 2012, article 5, anyone using information technology means to solicit or promote fundraising without an approved licence from the competent authority shall be fined not less than Dh250,000 and not more than Dh500,000, or subject to either of these penalties.

Authorities strongly advise residents against giving money to beggars and instead encourage them to utilise official channels for charitable donations and assistance. This ensures that contributions reach legitimate recipients and deserving causes through recognised charitable organisations and institutions. According to Dubai Police, 99 per cent of beggars perceive begging as a profession.

Residents are urged to cooperate with law enforcement by reporting any instances of begging in residential areas or outside shops. Dr Saeed Al Qamzi said that complaints can be lodged through the Dubai Police app or by calling 901.

Dubai Police have identified numerous individuals and groups accumulating substantial sums of money through begging. Colonel Al Qemzi reported that over 1,700 beggars were apprehended and punished between 2020 and 2023, including 487 females and 1,238 males.

To raise awareness about the issue of begging, the police plan to employ various mediums, such as panels in residential areas, ATM screens and 300 display screens across 26 Union Co-op supermarket branches.

Furthermore, awareness campaigns will be integrated into Friday prayer sermons, with lectures on begging scheduled after each of the five daily prayers.

Brigadier Ali Salem called on members of the public to report beggars by calling the toll-free number 901 or through the “Police Eye” service available on the Dubai Police application on smart phones, in addition to reporting electronic crimes or cases of electronic begging via the e-Crime service.

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Feeling Adventurous with Your Engine Roar? Be Prepared to Pay a Dh2000 Fine

If you enjoy revving your car engine while driving, brace yourself for a fine.

Abu Dhabi Police have issued a warning to drivers, advising against engaging in disruptive behaviours such as generating excessive noise from vehicles or any actions that disturb public peace and pose risks on the roads. Violators will face a fine of Dh2000 and 12 traffic points.

In addition to the warning, Abu Dhabi Police have released an awareness video emphasising the importance of refraining from driving vehicles that create excessive noise, urging motorists to avoid unnecessary honking and rapid acceleration.

The police highlighted that such disruptive activities are particularly prevalent in areas adjacent to sandy regions near residential zones, causing significant disturbance and anxiety among residents, especially vulnerable groups such as children, the sick, and the elderly.

The noise from vehicles disrupts public tranquility, leading to panic, tension and nervousness among motorists, pedestrians and residents.

Furthermore, Abu Dhabi Police urged motorcycle and vehicle operators to strictly adhere to safety and security measures, particularly in sandy locales and family camp areas.

Abu Dhabi Police warned of further legal measures against individuals who modify their vehicles without authorisation, invoking Article "73" for unauthorised engine or chassis modifications, which entails a fine of Dh1000, 12 traffic points, and a 30-day vehicle impoundment.

Under Law No. (5) of 2020 regarding the impoundment of vehicles in the Emirate of Abu Dhabi, offenders may also be required to pay a Dh10,000 fee to release impounded vehicles, with the possibility of the vehicle being auctioned if fees are not paid within three months.

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Combating Crimes: A Deep Dive into UAE’s Financial Landscape

The UAE’s recent removal from the FATF’s "Grey List" signals global recognition of its robust measures against money laundering and financial crimes.

This decision underscores the country’s sustained efforts in investigating and prosecuting high-risk money laundering cases effectively, reflecting its commitment to global Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) standards. This milestone boosts investor confidence, strengthens the UAE’s reputation as a responsible financial hub, and sets a benchmark for other jurisdictions in combating financial crimes.

The UAE has emerged as a global financial hub in recent decades, attracting investors and businesses from around the world. However, with this growth in financial activity comes an increased risk of financial crimes, including money laundering. It poses a significant threat to the integrity of the financial system, national security and the economy.

What is Money Laundering?

Money laundering is the process of disguising the origins of illegally obtained money, typically by passing it through a complex sequence of banking transfers or commercial transactions. 
The UAE, with its advanced financial infrastructure and diverse economy, presents an attractive environment for money launderers seeking to conceal the proceeds of their illicit activities. 
Common methods of money laundering include structuring transactions to avoid reporting requirements, using shell companies to obscure ownership and investing in high-value assets such as real estate or luxury goods.

What are the Financial Crimes in the UAE?

The UAE faces various other financial crimes that undermine the integrity of its financial system. These include fraud, corruption, terrorist financing and tax evasion. Fraudulent activities range from corporate fraud to investment scams targeting unsuspecting individuals. 
Corruption poses a serious threat to the UAE’s reputation as a business-friendly destination and erodes public trust in government institutions. 
While relatively rare, terrorist financing remains a concern due to the country’s strategic location and international connections. 
Tax evasion, while not as prevalent as in some other jurisdictions, remains a priority for regulatory authorities seeking to uphold tax compliance standards.

What are the Steps Taken to Combat Financial Crimes?

Legal and Regulatory Reforms: The UAE has enacted comprehensive legislation to address money laundering and financial crimes. The Federal Decree-Law No. 20 of 2018 on anti-money laundering (AML) and combating the financing of terrorism (CFT) established a legal framework to prevent and detect illicit financial activities. This law mandates reporting of suspicious transactions, customer due diligence, and the establishment of a financial intelligence unit (FIU) to analyse and disseminate information.

Enhanced Due Diligence: Financial institutions in the UAE are required to implement stringent due diligence measures to verify the identity of their customers, assess the nature of their transactions and monitor accounts for suspicious activities. Enhanced due diligence is applied to high-risk customers and transactions, ensuring a higher level of scrutiny and risk mitigation.

Regulatory Oversight: The UAE Central Bank and other regulatory authorities exercise strict supervision over financial institutions to ensure compliance with AML/CFT regulations. Regular inspections, audits, and enforcement actions are conducted to assess adherence to compliance standards and identify any lapses or deficiencies.

International Cooperation: The UAE actively participates in international efforts to combat money laundering and financial crimes. It is a member of various international organisations, including the Financial Action Task Force (FATF), and has signed numerous bilateral and multilateral agreements for information exchange and mutual legal assistance.

Technological Solutions: The UAE is leveraging advanced technologies such as artificial intelligence and blockchain to enhance its AML/CFT efforts. These technologies enable more effective monitoring of financial transactions, identification of suspicious patterns, and rapid response to emerging threats.

Bold Action

In a concerted effort to combat money laundering and terrorism financing, the UAE seized assets totalling $354 million between March and July last year. This decisive action reflects the country’s intensified measures to tackle financial crimes, underscoring its commitment to safeguarding its financial system and upholding global standards against illicit activities.

The UAE’s removal from the FATF’s "Grey List" is a testament to its unwavering commitment to combating money laundering and financial crimes. It reflects the country’s proactive approach, robust regulatory framework, and sustained efforts in upholding global AML/CFT standards. This milestone not only enhances the UAE’s standing in the international financial community but also reaffirms its role as a responsible global player in safeguarding the integrity of the financial system.

(The writer is a legal associate at Dubai-based NYK Law Firm)

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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Thinking About Buying Property in UAE? Here are 5 Important Tips to Remember

Whether you're seeking lucrative rental yields, capital appreciation, or a dream vacation home, the UAE's real estate landscape offers a wealth of opportunities for astute investors.

Embrace the journey, seize the opportunity, and unlock the untapped potential of the dazzling world of UAE real estate, where opulent skyscrapers, sun-kissed beaches, and unrivalled luxury make it an ideal destination for investors from around the globe.
If you're
thinking about investing in property here, we've got some simple tips to help you get started.

Choose a Location that Aligns With Your Lifestyle

From the glitzy metropolis of Dubai to the cultural tapestry of Abu Dhabi and the tranquil shores of Ras Al Khaimah, the UAE is a treasure trove of diverse real estate opportunities. Each emirate boasts its unique charm, lifestyle offerings, and investment potential. Delve into the heart of each location, considering factors like infrastructure, proximity to amenities, and future development plans to unearth the perfect investment gem that aligns with your vision.

Understanding Legal and Regulatory Framework

As you embark on your UAE property investment journey, navigating the legal landscape is paramount. Familiarise yourself with the laws and regulations governing property ownership, foreign investment, and residency visas. Stay abreast of recent regulatory changes, taxation policies, and compliance requirements to ensure a smooth and legally sound investment process. Consulting with legal experts specialising in UAE real estate law can provide invaluable guidance and peace of mind.

Stay Informed About Market Trends

The UAE's real estate market is a dynamic ecosystem influenced by a myriad of economic factors, geopolitical events, and market trends. Stay ahead of the curve by immersing yourself in market intelligence and analysing key indicators such as rental yields, occupancy rates, and demand-supply dynamics. Identify emerging investment hotspots, anticipate market shifts, and capitalise on lucrative opportunities to maximise your investment returns.

Choose Reputable Developers

When venturing into off-plan properties or new developments, partnering with reputable developers is paramount. Conduct thorough due diligence on developers' track records, past project deliveries, and reputation for quality and transparency. Look for industry accolades, customer testimonials, and regulatory certifications as hallmarks of excellence. Aligning yourself with trusted developers ensures a seamless investment experience and mitigates potential risks.

Financial Planning and Investment Strategy

As with any investment endeavors, prudent financial planning is key to success in UAE property investment. Define your investment objectives, set a realistic budget, and explore financing options tailored to your needs. Consider factors such as mortgage rates, loan tenure, and repayment terms when structuring your financial strategy. Leverage the expertise of financial advisors to optimise your investment portfolio and mitigate financial risks effectively.

Investing in property is a journey, and with the right knowledge and guidance, you can turn your real estate dreams into reality in the vibrant landscape of the UAE. Happy investing!

The writer is a legal associate at NYK Law Firm, Dubai

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004Follow The Law Reporters on WhatsApp Channels.

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