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uae cyber law

Illegal telemarketing calls, What UAE Law says

UAE has adapted to digital innovations quite rapidly and constantly acquiring newer means of smart platforms. Be it a launch of 5G telecom services in the year 2020 or establishing digital gateways at its ports, UAE aims to make communication, processing, monitoring and servicing very efficient and transparent.

Such innovative progress comes with the responsibility to secure and protect the information. With digitization in place possibility to breach personal data of the public is at risk. That is the reason why the UAE has taken prior steps to protect the data to avoid any breach or unapproved access to someone’s data by implementing certain Laws.

Under the Laws in the UAE, it is not just illegal to acquire or use someone’s data or information without their consent for any means but is also a legal offense that can land the offender in jail or face huge fines or both.

Unwanted and unexpected marketing calls are without a doubt very annoying for most of us.  Such calls are often received from the source which we do not recall to have provided our personal data ever. On inquiring, the telemarketers use a general term of “a source” where the information was acquired. Unless and even a consent by any means is provided by a person to share or use their personal information, all such calls are illegal and the activity is not just annoying but a crime.

UAE has state of the art means to detect the breaching and get hold of the culprits to be accountable under the law. Articles 378-379 of 1987’s Federal law No. 3 protects the misuse or use of personal and business information of a person without their consent. Similarly, the Federal Law No.2 of 2002, No. 1of 2006 and No.5 of 2012 define the cyber laws to protect any cyber crimes including the misuse and breach of data. These are relevant laws can be found here: https://www.government.ae/en/resources/laws

Despite the availability of strict regulations and provisions from the government, it is also the responsibility of each individual and organization to adhere to the laws of the land. One should themselves take initiative to protect their information and identity from misuse and organizations must also cater to the privacy laws to protect the information of all business stakeholders.

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In case of breaching, it is a civic responsibility to inform and alert the concerned authorities so that they can intervene and protect any further breach and also detain the culprit. In the UAE, no one is above the law and the organizations utilizing individual and company information for their monitory or commercial benefits without the consent are committing a punishable crime.

Hassan Humaid Al Suwaidi., LL.B. is a Senior Partner in HHS Lawyers. He has 20 years of experience dealing with high-value and complex cases. Frequently featured in local and international legal directories and commended for his ability to attain favorable outcomes for clients, Hassan has been involved in some of the largest legal settlements. A major part of his work is providing expert legal advice on UAE legislation and acting for individuals and businesses during disputes and litigation. Read more