New Provisions and Penalties in UAE Cybercrimes Law
Pavitra Shetty
Published on August 29, 2024, 12:50:44
The Federal Law No. 34 of 2021 (“Cybercrimes Law”) introduces significant changes to the UAE's legal framework regarding cybercrimes, replacing the previous legislation, Federal Law No. 5 of 2012. One of the key updates in the law includes the explicit use of the term "hacking," a common term in the cyber world, to describe unauthorized access to websites and electronic platforms, offering clearer provisions and stronger penalties.
Key Changes and Provisions
Article 4: IT Offences – Damage to Information Systems
Basic Penalty: Imprisonment for at least one year and/or a fine ranging from AED 500,000 to AED 3,000,000 shall apply to anyone who deliberately:
Damages
Disables
Suspends
Causes harm to an electronic system, website, or information network, as defined in the Cybercrimes Law.
If the damage or disruption affects a banking, medical, media, or scientific institution, the penalty increases to imprisonment for a minimum of 3 years and a maximum of 15 years.
Article 11: Fabrication of Mail, Websites, and False Electronic Accounts
Creating a false email, website, or electronic account that is falsely attributed to a natural or legal person will result in imprisonment and/or a fine ranging from AED 50,000 to AED 200,000.
Imprisonment of at least 2 years applies if the fabricated account, email, or website is used to harm the victim.
If a fabricated account, email, or website is falsely attributed to a state institution, the penalty is imprisonment for up to 5 years and a fine of AED 200,000 to AED 2 million.
Article 48: Consumer Protection and Misleading Promotion
Imprisonment and/or a fine of AED 20,000 to AED 500,000 for promoting or advertising misleading information, including incorrect data regarding a commodity or service.
A fine of AED 20,000 to AED 500,000 for advertising, promoting, or dealing with virtual or digital currencies not recognized by the UAE without a proper license from the competent authorities.
Article 49: Promotion of Medical Products Without Authorization
Any promotion or sale of unauthorized or counterfeit medical products online can lead to imprisonment and/or a fine, depending on the nature and extent of the violation.
Article 55: Bribery for Spreading Illegal Content or False Statements
Anyone who accepts or offers gifts or benefits in exchange for publishing illegal or false content faces imprisonment and fines of up to AED 2 million. If they supervise or manage an abusive account or website, they may face the same penalty. Additionally, authorities may designate websites as offensive if they repeatedly publish false data or illegal content.
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