Rights Guaranteed Under The New Consumer Law In UAE
Aarya Nargunde
- at Retail & Consumer
- on May 4, 2022 - 14:13
- on Updated: May 4, 2022 - 14:34
“A Customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption in our work. He is the purpose of it. He is not an outsider in our business. He is a part of it. We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to do so.”
- Mahatma Gandhi
The Federal Law No. 24 of 2006 on Consumer Protection was completely repealed by the new consumer law, I.e. the Federal Law No. 15 of 2020 on Consumer Protection which came into force on the 16th of November, 2020. A well-defined and comprehensive definition of consumer is laid out under this law along with an increment in the number of consumer rights.
Scope: The jurisdiction of the new law extends to free zones as well as all E-commerce platforms registered in the UAE. Apart from stricter regulations, increased penalties in case of breach of any provision, defining obligations of the advertisers, commercial agents, and suppliers; the new law stipulates Arabic to be used as the main language for all invoices, but additional languages can be used along with Arabic for consumer-related contracts and advertisements.
Rights under the new law -
Article 4 of the new law defines nine consumer rights. Apart from those rights, all the obligations set out under the law are also described as consumer rights. Article four includes the following rights -
1- establishing a suitable and safe atmosphere for the purchase of a good or during receiving a service.
2- acquiring accurate knowledge about the product the consumer buys, consumes or receives the services.
3- spreading awareness about the rights and obligations of the consumer.
4- implementing the rights which help a consumer choose the best/appropriate good/service available from the market.
5- Any data regarding the consumer, its privacy and security are to be protected, and not exploiting it for promotional objectives.
6- while transacting with any good or service, the customs, religious values and traditions of the consumer are to be respected.
7- settlement of consumer issues in a fair and timely manner.
8- Right to obtain fair compensation if any damage is caused due because of using or purchasing the good or service.
9 - Any other rights enshrined under the legislation in force in the state.
The council of ministers have the authority to add any other right.
In order to protect the consumer, the new law forbids and nullifies any contractual restrictions that might be detrimental to the customer. It also renders invalid and voids any contract clause that absolves the provider from any of the requirements imposed by this legislation. This is in accordance with Article 21 of the new law.
Penalty:
Penalties are levied if any of the provisions of the new law is violated which can include imprisonment from two months to two years and a monetary fine which can be from three thousand dirhams to two million dirhams or twice the market value of the number of goods or services depending upon the gravity of the violation.
Consumer rights protection:
Following are the steps taken by the Ministry of Economy - The consumer protection department of the Ministry of Economy supervises the nation's consumer policy along with other concerned authorities, resolves complaints received from consumers and fights monopoly by following the practices of fair competition in order to protect the rights of consumers.
The ministry has also launched its hotline services to resolve consumer rights infringement issues in an efficient manner.
A new section for recalling damaged goods was introduced on the web portal of the ministry to deal with manufacturers', and retailers' issues and also protect the rights of consumers.
It is quite important to protect consumer rights and to know about your own consumer rights which helps one become an informed consumer. Top lawyers in Dubai from the best law firms could provide one with the right advice in case any of your consumer rights is infringed.
For any legal queries or information, contact info@thelawreporters.com or call us on +971547928720
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