Guide to the 2022 UAE legal reforms
The UAE laws are soon to undergo the most significant set of restructures in the country’s 50-year history. The UAE legal reforms of 2022 are wide-reaching, with labour laws, family laws and the legal system all radically amended. In this article, we detail the most significant of the law changes, all of which are due to come into effect as of 2nd January, 2022.
WHAT TO EXPECT FROM THE UAE LEGAL REFORMS IN 2022?
The UAE President Sheikh Khalifa bin Zayed Al Nahyan recently approved the most extensive legal reforms in the UAE’s history. The legal law reforms will include 40 new laws and updated versions of existing legislation. The UAE legal reforms will come into effect from 2nd January, 2022.
DECRIMINALISATION OF CONSENSUAL RELATIONSHIPS OUTSIDE OF MARRIAGE
One of the groundbreaking legal reforms is the effectual decriminalisation of consensual relationships outside of wedlock. The new law also stipulates that any child conceived outside of marriage will be acknowledged and cared for.
In such a case, if a child is born outside marriage, the couple will be required to marry, or agree to acknowledge the child singly or jointly. Identification and travel documents will also be required in accordance with the law of the parents’ home country. However, failing to comply with the laws with be considered a criminal offence and would be liable for a two-year prison term for both parents.
CRIME AND PUNISHMENT
The existing laws for crime and punishment are being restructured with new legislation being introduced.
Some of the most notable amendments include increased protection for women and domestic workers, as well as the prohibition on consuming alcohol in a public place or any unlicensed locations outlets. The laws also prohibits the sale, provision, incitement or inducement to consume alcohol to or by any individual below 21-years-old.
In the next section we detail a few of the other major amendments to the UAE’s crime and punishment laws.
PREMEDITATED MURDER
The new UAE criminal law will also include an important provision related to premeditated murder. The new provisions will apply to anyone who commits or participates in a premeditated murder against a UAE citizen, even if the crime takes place outside the UAE.
LIFE IMPRISONMENT FOR RAPE
The provision from the UAE law reforms 2022 also stipulates life imprisonment for rapists. The sentence may be extended to capital punishment if the victim is underage, disabled or rendered in a condition where the victim is unable to resist the attacker.
INDECENT ASSAULT
The new laws associated with indecent assault of both genders include imprisonment and a hefty fine of AED 10,000 regardless of the victim’s gender. If the indecent assault also includes threats and use of force, the penalty will be extended to a jail term of 10 to 20 years.
Its also important to note that in any indecent assault cases, if the victim is below 18-years-old, disabled or in a condition where the victim cannot defend themselves or resist – then the prison term will be no shorter than 10 years. The severe penalty is also applicable if an indecent assault occurs within a workplace, study, shelter or care facility.
ELECTRONIC TRANSACTIONS AND TRUST SERVICES
Digital signatures under the new UAE law 2022 will carry the same weight as handwritten ones. It reduces the need for witnesses to seal transactions. The new law will simplify a wide range of civil processes such as commercial and marriage transactions inclusive of buying, renting and selling property.
COPYRIGHTS AND NEIGHBOURING RIGHTS
The new UAE legal reforms will offer greater protection for those working within the creative sectors. People of determination will get special benefits to help them enhance their participation in creative fields.
The law also covers major issues related to the author’s rights and neighbouring rights – including the right to protest against work alterations that could distort the author’s intent.
TRADEMARKS UNDER THE NEW UAE LEGAL REFORMS
The amendments in the UAE law offer protection for three-dimensional trademarks, holograms, and sound trademarks that include musical tones associated with a brand/company. The new law also includes smell trademarks and offers protection to distinctive scents made for a company or brand.
Geographical names are now a part of the trademarks, which will be beneficial in circumstances where a product has a strong association with a particular place or region. This law will help to promotes products related to the UAE, such as dates.
It’s not mandatory to get a trade licence for those who wish to register trademark UAE. Small and medium-sized enterprises have been granted temporary trademark protection during participation in exhibitions.
THE PERSONAL DATA PROTECTION LAW
The Personal Data Protection Law is another major UAE legal reform that integrates a framework to ensure information confidentiality. It also protects privacy by providing proper governance for optimal data management and protection. The new law defines the rights and duties of all concerned parties.
The provisions under the new law also apply to personal data processing – incorporating all types of personal data that are part of the electronic system, whether inside or outside the country.
No personal data should be processed without the owner’s consent under the new legal reforms in the UAE. Exceptions are only allowed in cases where data processing is necessary to protect the public interest or where processing is associated with personal data that has become available and known to all by an act of the data owner. Data processing is also allowed for carrying out legal rights and procedures.
The law defines data processing controls related to personal data and general obligations of companies that have personal data. Under the new law, companies are obliged to keep users’ personal data secure and private.
Another major change that the new law stipulates is that, in some cases, the owner has the right to request a correction if the personal data is inaccurate. The owner also has the right to restrict or stop personal data processing. It also stipulates the regulations for cross-border transfer and personal data sharing for processing purposes.
LAWS RELATED TO FAKE NEWS AND MISLEADING INFORMATION
When the new cyber laws come into effect, they will include additional protection against fake news and strict penalties will be enforced on those who spread misleading and fake news. Anyone related to or involved in spreading fake news through online tools, networks and platforms could face serious legal consequences. The court has the power to confiscate devices, software, content and any other means used in an online crime.
INDUSTRIAL PROPERTY RIGHTS
The new UAE law stipulates the protection of industrial property rights and regulates the procedure for registration, usage and assignment of said rights.
The law will focus on protecting patents, industrial designs, integrated circuits, non-disclosure agreements and utility certificates. It applies throughout the UAE, free zones included.
COMMERCIAL REGISTER
The commercial register law is also amended. The new regulations allow local authorities in each emirate to retain the right to establish and manage their commercial records, including those covering registration, data monitoring and change.
COMMERCIAL COMPANIES
The law allows investors and entrepreneurs to establish and fully own onshore companies in all sectors, excluding a small number of reserved “strategic activities”.
The new Commercial Companies Law aims to increase direct foreign investment and reaffirm the UAE’s standing as a leading business hub regionally and globally.
ROLE OF UAE DATA OFFICE
The law establishing the UAE Data Office aims at ensuring the full protection of personal data.
The UAE Data Office will be affiliated with the cabinet and hold responsibility for an array of tasks that include proposing and preparing policies associated with data protection.
The UAE Data Office will propose and approve standards for monitoring the application of federal legislation that will regulate cyber laws and data protection. It will also be a part of a system that approves and prepares complaints and grievance systems. The office will issue guidelines and instructions for the introduction of data protection legislation.
FREQUENTLY ASKED QUESTIONS
WHEN WILL THE NEW UAE LEGAL REFORMS 2022 TAKE EFFECT?
The UAE legal reforms will be effective from 2nd January, 2022 onwards.
WHEN WILL THE NEW LABOUR LAWS IN THE UAE COME INTO EFFECT?
The new UAE labour laws will be effective from 2nd February, 2022.
That concludes our guide to the UAE legal reforms 2022. Please note that whilst our guide covers the major changes to existing laws and prominent new laws, it is not a complete directory of the restructure. Please consult official government sources for full details.
In light of the multicultural population in Dubai and other emirates, the UAE’s government has implemented changes to the various laws related to personal relationships. The UAE family law is also undergoing a revamp with new rules being introduced for unmarried couples.
Some other changes were also seen in the proposed amendment to the UAE Citizenship Law, which allows certain expats to be eligible for Emirati citizenship.
