criminal-law

Consequences of Online Fraud in UAE

Cybercrime, also called computer crime, the use of a computer as an instrument to further illegal ends, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy.

The New Cyber Crime Law, most importantly, adds new categories of offenses to address the rise in cybercrime in the United Arab Emirates (“UAE”). The most notable provisions of the New Cyber Crime Law are highlighted below.

  • Access to an illegal site

Previously, Federal Law No. 2 of 2006 provided that anyone who commits a willful act by illegallyaccessing an electronic site would face imprisonment and/or a fine. Article 2 of the New Cyber Crime Law eliminates the intent requirement and prohibits any person from accessing an electronic site illegally, without permission, or exceeding the limits of said permission, with a fine of not less than AED 100 and not more than AED 300.

It also states that anyone who enters any electronic site without permission with the intent of obtaining government data or confidential information of a financial trade or economic establishment will be punished by temporary imprisonment and/or a fine of not less than AED 250,000 and not more than AED 1,500,000.

  • Medical related data

Article 7 of the New Cyber Crime Law now broadens the definition of conduct in relation to medical data and information by stating that anyone who obtains, amends, damages, or discloses information obtained online related to medical records, examinations, diagnoses, treatment, or care without permission will face a temporary prison sentence.

  • Defamation

According to Article 20, anyone who insults others or attributes to another an incident that may subject him to punishment or contempt by others by using an electronic site faces imprisonment or a fine of not less than AED 250,000 and not more than AED 500,000. Insult or slander directed at public employees is considered an aggravating factor in the crime.

  • Contempt of Religion

Article 35 imposes imprisonment and a fine of not less than AED 250,000 and not more than AED 1,000,000 on anyone who uses electronic sites to show contempt for any holy symbols, characters, figures, and rituals of Islam, including the Divinity (Allah, God) and the Prophets, as well as any other faiths or religions or any of their symbols, characters, figures, and rituals.

·         Communication services online

Article 34 provides that it is an offence for any person to benefit or unlawfully facilitate for others the use of communication services or audio or visual transmission channels that are online. The provision establishes a penalty for illegally accessing or obtaining communications services online on behalf of oneself or a third party. Article 34 imposes a fine ranging from AED 250,000 to AED 1,000,000 and/or imprisonment for a period of not less than one year on anyone who benefits from or illegally facilitates the use of online communication services or audio or visual transmission channels for others.

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