Protecting e-commerce transactions and privacy is one of the goals of the UAE's new internet law.  istockphoto.com
Protecting e-commerce transactions and privacy is one of the goals of the UAE's new internet law. istockphoto.com

Cyber-crime law to fight internet abuse and protect privacy in the UAE



ABU DHABI // The UAE yesterday implemented the most detailed and comprehensive cyber-crime law in the Arabian Gulf and wider Middle East.

For the first time, the full range of offences that can be committed using the internet has been codified, along with the sentences for those found guilty.

Crimes punishable under the new law include using the internet to transmit, publish or promote pornographic material, gambling activities and indecent acts.

The decree issued by the President, Sheikh Khalifa, also provides legal privacy protection to personal information online, including credit card and bank account details and electronic payment methods.

"This is the most detailed piece of legislation regarding the subject in the Gulf," said Dr Ali Al Jarman, managing partner at the Dubai law firm Prestige Advocates.

"The law includes penalties for insults to religion and inciting conspiracy which are some of the most relevant issues at this time. It includes everything from privacy and personal protection to human and drug trafficking."

The new law builds on a 2006 decree on cyber crime, which Dr Al Jarman said was very general and did not provide clear guidelines to protect the public interest.

"However, this new law has managed to encompass everything needed to safeguard against the possible violations that can take place in this rapidly evolving technology," he said.

The law creates offences of violating the privacy of others by eavesdropping and electronic publishing of information and photos, even if what is published is authentic.

It will also be an offence to publish information online, or through any information technology means, with the intention to engage in trafficking in persons or human organs.

Under the new law, anyone convicted of creating or running websites that deride or damage the reputation or stature of the country and its rulers will face a minimum jail sentence of three years. Expatriate offenders will be deported.

Anyone using electronic sites to call for disobeying the laws and regulations of the State, as well as to call for demonstrations, marches and similar activities without obtaining a licence, also faces imprisonment.

The new law is also aimed at operators, publishers and owners of websites that are involved in crime, according to Rashid Tahlak from Rashid Tahlak Advocates and Legal Consultants.

"The law is very detailed and states that who sets up the website where a crime occurs, the person who manages it, the owner of the website and employees in it may be held liable," he said.

"If a person publishes something on Facebook that is illegal, Facebook might be held liable according to this law."

"The UAE is a fast developing country and hosts people from many cultures and backgrounds," said lawyer Yousif Al Bahar, from Al Bahar Advocates.

"Technology is spreading fast here and such a law is needed to protect individuals from rapidly evolving technology crimes."

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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Sustainable Development Goals

1. End poverty in all its forms everywhere

2. End hunger, achieve food security and improved nutrition and promote sustainable agriculture

3. Ensure healthy lives and promote well-being for all at all ages

4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all

5. Achieve gender equality and empower all women and girls

6. Ensure availability and sustainable management of water and sanitation for all

7. Ensure access to affordable, reliable, sustainable and modern energy for all

8. Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all

9. Build resilient infrastructure, promote inclusive and sustainable industrialisation and foster innovation

10. Reduce inequality  within and among countries

11. Make cities and human settlements inclusive, safe, resilient and sustainable

12. Ensure sustainable consumption and production patterns

13. Take urgent action to combat climate change and its effects

14. Conserve and sustainably use the oceans, seas and marine resources for sustainable development

15. Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss

16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels

17. Strengthen the means of implementation and revitalise the global partnership for sustainable development

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COMPANY PROFILE
Name: ARDH Collective
Based: Dubai
Founders: Alhaan Ahmed, Alyina Ahmed and Maximo Tettamanzi
Sector: Sustainability
Total funding: Self funded
Number of employees: 4