E-Commerce Legal Framework In The UAEThe Role of the TRA in E-Commerce in the UAE

Basema Aljaberi

Senior eCommerce Officer

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Agenda

1. Federal Law No.(1) of 2006 On electronic

Commerce and Transaction;

2. ecommerce Law Objectives

3. ecommerce Regulations Development

4. Licensing and Regulating ecommerce;

5. Despite…Recession!

6. Under Development ecommerce Regulations

7. Benefits

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Federal Law No. (1) of 2006 On

electronic Commerce and

Transaction

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eCommerce Law Objectives

• Protect the rights of persons conducting business electronically and define their

obligations.

• Encourage and facilitate Electronic Transactions and Communications by means of reliable

Electronic Records.

• Facilitate and eliminate barriers to Electronic Commerce and other Electronic Transactions,

and promote the development of the legal and business infrastructure necessary to

implement secure Electronic Commerce.

• Minimize the incidence of forged Electronic Communications, alteration of

Communications and fraud in Electronic Commerce and other Electronic Transactions.

• Establish uniform rules, regulations and standards for the authentication and validity of

Electronic Communications.

• Promote public confidence in the validity, integrity and reliability of Electronic

Transactions, Communications and Records.

• Promote the growth of Electronic Commerce and other transactions on the national and

international level through the use of Electronic Signatures.4

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E-Commerce Legal \ Regulatory Development

1. First Generation of Legal / Regulatory Development

• Main theme: Establishing the regulatory framework• Developing licensing framework

2. Second Generation of Legal / Regulatory Development

• Main theme: Strengthening the Public Trust and Credibility of E-Commerce

• Developing Regulatory framework

• Issuing regulations for online consumer protection, privacy, IPR protection, etc.

3. Third Generation of Legal / Regulatory Development

• Main theme: Contributing to the development of the Digital Economy of the UAE

• Research

• Consumer and e-business education and awareness

• Further development of regulatory framework

• Monitoring compliance

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Cabinet Decision

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• A Federal Law by Decree No. 1 of 2006 pertaining to Ecommerce was

published in the Official Gazette of the United Arab Emirates, Volume

442, 36th Year, Muharam 1427 H/January 2006

• Shortly thereafter the TRA has been entrusted by the Supreme

Committee with regulatory powers to develop, regulate and monitor all

that is pertaining to electronic transactions and commerce including but

not limited to electronic records, documents, and signatures relating to

electronic transactions and commerce!

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Hybird model

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Outlining relevant policy considerations, roadmap and ecommerce regulatory regime

framework options

Regulatory Spectrum

Minimalist RegimesPrescriptive Regimes

Hybrid (Moderate) Regimes

UAE Chooses?

Hybrid Regimes

• These approaches strive to achieve a balance among policy considerations, support economic growth and

technological innovation and satisfy market interests.

• Hybrid regimes act as effective catalysts for the promotion of trusted eCommerce, within a region and on

the global stage.

• They are congruent with international trends.

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Licensing & Regulating CSP

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Licensing the CSP involves 4 steps:

Obtain a CSP

license application Review by the

TRA

CSP CSP CSP

Final decision

CSP Controller (TRA)

Certificates service

provider

Digital certificates

Submit

Application along

with required

documents

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Despite…

Recession!

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Scale of Strategy Concerns UNCTAD E-Commerce and Development Report

DevelopingCountries

Developed Countries

• Basic telecommunications and access to the Internet

• Human capacity building

• Affordable access (PCs)

• National ICT Policy and Plan

• Appropriate software (legal, low cost)

• Local language enabled; local content

• Portal sites; e-Government – government facilitation

• Standards in manufacturing, safety, health

• IT Laws (e-transactions, e-signatures, computer crime)

• Security - information, system, network

• Authentication and certification (PKI, CSPs)

• Broadband access (business, home)

• IT human resources development

• Regional networking

• Liberalization

• e-Marketplaces; e-Payment infrastructure

• Consumer Protection; Privacy protection

• Cross-border certification

• Intellectual property rights protection

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Current Position of the UAE - Successes

DevelopingCountries

Developed Countries

• Basic telecommunications and access to the Internet

• Human capacity building

• Affordable access (PCs)

• National ICT Policy and Plan

• Appropriate software (legal, low cost)

• Local language enabled; local content

• Portal sites; e-Government – government facilitation

• Standards in manufacturing, safety, health

• IT Laws (e-transactions, e-signatures, computer crime)

• Security - information, system, network

• Authentication and certification (PKI, CSPs)

• Broadband access (business, home)

• IT human resources development

• Regional networking

• Liberalization

• e-Marketplaces; e-Payment infrastructure

• Consumer Protection; Privacy protection

• Cross-border certification

• Intellectual property rights protection

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Current Position of the UAE - Gaps

DevelopingCountries

Developed Countries

• Basic telecommunications and access to the Internet

• Human capacity building

• Affordable access (PCs)

• National ICT Policy and Plan

• Appropriate software (legal, low cost)

• Local language enabled; local content

• Portal sites; e-Government – government facilitation

• Standards in manufacturing, safety, health

• IT Laws (e-transactions, e-signatures, computer crime)

• Security - information, system, network

• Authentication and certification (PKI, CSPs)

• Broadband access (business, home)

• IT human resources development

• Regional networking

• Liberalization

• e-Marketplaces; e-Payment infrastructure

• Consumer Protection; Privacy protection

• Cross-border certification

• Intellectual property rights protection

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UAE eReadiness Maturity

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2.00

3.00

4.00

5.00

6.00

7.00

8.00

Connect. Bus. En. S&C En. Legal En. Gv.&P. Vision

Con.&Bus. Adp.

2008

2009

2010

* EIU eReadiness Reports 2008/2009/2010

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MaterCard Survey (UAE)

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ecommerce Sector Per. (%)

Airline Tickets 59

Home Appliances & Electronic

Products

37

Hotel Accommodation Online 30

* Master Card survey indicates the above finding were

reached by the fourth Quarter of 2008.

* MasterCard Online shopping Reports 2008

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Under Development eCommerce

Regulations

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UAE E-Businesses and Consumers

Currently there is massive movement toward developing

regulations:

• e-payment or m-payment methods;

• electronic transactions and communications;

• online consumer protection;

• online data and privacy protection; or

• online intellectual property rights protection.

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Benefits

• Provides regulatory certainty for online consumers and

businesses;

• Provides protection for online consumers and

businesses;

• Contributes to growth of sustainable digital economy in

the UAE;

• Raises the profile of the UAE and promotes the UAE

as a favorable environment for e-businesses; and

• Revised organization structure provides a career path

for e-commerce officers.

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Thank you.