LEGAL ARTICLES

By Suneesh | August 25 , 2018 | 01
In the UAE, if you use technology for the following purposes it is considered a cyber crime:
  • obtaining or publishing information of others without permission
  • obtaining information of the government, or of institutions operating in the State without permission
  • accessing a website for the purpose of harming it, prohibiting others from using it, obstructing communication between people or tapping their calls or messages
  • using technology with the intent to commit or conceal a crime
  • pirating websites of others
  • destroying or disabling another electronic system or suspending e-mails
  • obtaining the password of an information system
Violating international conventions
If you use technology for the purpose of violating international conventions which the UAE recognises, it is also considered a crime, eg:
  • obtaining donations and gifts without license
  • trafficking humans or human organs
  • trading in weapons and explosives
  • trading in antiquities, narcotics or psychotropic substances
Cyber Crime against State Security
If you commit any act using technology that affects the security of the State and its political stability it will be considered a crime, for example:
  • exposing the security and interests of the State to risks, or assisting illegal organizations
  • provoking racism and sectarianism, or prejudicing national unity
  • publishing information, rumours or drawings that affect the authority of the State, its president or interests
  • overthrowing the regime of the UAE, or obscuring the provisions of the Constitution
  • organizing protests without license, or inciting violation of the law
Moral Cyber Crimes 
  • offending religious sanctities
  • obtaining or publishing pornographic materials
  • encouraging gambling, or matters that prejudice public morals
  • inciting prostitution
  • defamation of the reputation of others, or breaching other people’s privacy
  • blackmailing or forcing a person to conduct an act that prejudices morals
Financial Cyber Crimes
  • forging electronic documents, or intentionally using fake documents
  • obtaining commodities by fraud
  • obtaining information on bank accounts, or using other people’s data to obtain their funds
  • intentionally issuing or dealing with any type of fake banking cards

Latest Amendments to UAE Cybercrimes Law

According to the Decree, Article Nos. 26, 28 and 42 of Federal Decree-Law No. 05 of 2012 on Combating Cybercrimes will be replaced with updated provisions.

Article No. 26 stipulates an imprisonment period of at least 10 years and not exceeding 25 years, and a fine not less than Dh2 million and not in excess of Dh4 million on whoever establishes, manages or runs a website or publishes information on the computer network or information technology means for the interest of a terrorist group or any unauthorised group, association, organisation, or body with the intent to facilitate communication with their leaders or members or attract new members, or to promote or praise their ideas, finance their activities or provide actual assistance thereof or for the purpose of publishing methods for manufacturing incendiary devices or explosives or any other devices used in terrorism acts.

The Article also details an imprisonment period not exceeding five years, and a fine not less than Dh500,000 and not in excess of Dh1 million for whoever establishes, manages or runs a website or publishes information on the computer network or information technology means with the aim to incite hate.

Article No. 28 stipulates a punishment of temporary imprisonment and a fine not in excess of Dh1 million for whoever establishes, manages or runs a website or uses information on the computer network or information technology means with intent to incite acts or publishes or transmits information, news or cartoon drawings or any other pictures which may endanger the national security and the higher interests of the State or afflicts its public order, or attacks on any member of the judicial courts system.

Lastly, Article No. 42 entails that subject to the second paragraph of Article No. 121 of the UAE Penal Code, the court may decide deportation of a foreigner who is convicted in any of the crimes specified in Federal Decree-Law No. 05 upon execution of the sentence adjudged.

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