Cabinet Resolution No. 52 of 2024 Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law No. 46 of 2021 Concerning Electronic Transactions and Trust Services and its Executive Regulations

§Preamble

Cabinet Resolution No. (52) of 2024 Concerning the Administrative Penalties for Violating the Provisions of Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services and its Executive Regulations

The Cabinet, ‒ Having reviewed the Constitution; and ‒ Federal Decree-Law No. (46) of 2021, Concerning Electronic Transactions and Trust Services; and ‒ Based upon the proposal submitted by the Minister of Finance and the Cabinet’s approval, Has resolved as follows:

Article (1) Definitions In application of the provisions herein, the following words and expressions shall have the meanings ascribed thereto, unless the context requires otherwise:

Authority : Telecommunications and Digital Government Regulatory

Authority.

Chairman : Chairman of the Authority’s Board of Directors.

Decree-Law : Federal Decree-Law No. (46) of 2021, Concerning Electronic

Transactions and Trust Services.

Executive : Cabinet Resolution No. (28) of 2023 Concerning the Executive Regulations Regulations of Federal Decree-Law No. (46) of 2021 Concerning

Electronic Transactions and Trust Services.

Trust Services : The Electronic Services specified under Clause (1) of Article (17)

of the Decree-Law and which the Trust Service Provider is licensed to provide in accordance with the Licence issued to it. Federal Cabinet Resolution of 2024, Concerning the Administrative Penalties for Violating the Provisions of 1 Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services and its Executive

Accredited : The Electronic Services specified under Clause (2) of Article (17) Trust Services of the Decree-Law and which the Trust Service Provider is

licensed to provide in accordance with the Licence issued to it. Trust Service : Licensed by the Authority in accordance with the provisions of Provider the Decree-Law and Executive Regulations thereof to provide one or more Trust Services.

Accredited : A Trust Service Provider granted the status of being accredited by Trust Service the Authority to provide Trust Services and accredited Trust Provider Services according to the status granted to it.

License Holder : A legal person licensed by the Authority in accordance with the provisions of the Decree-Law and Executive Regulations thereof. License : The authorisation issued pursuant to the provisions of the Decree-Law and Executive Regulations thereof, which allows the Licence Holder to carry out any of the Trust Services or Accredited Trust Services.

Administrative : Doing or refraining from doing act that would constitute a Violation violation of the Decree-Law, Executive Regulations thereof, and the resolutions issued in implementation thereof.

Article (2) Violations and Administrative Penalties

§Article 1 — Without prejudice to any more severe penalty or other procedure stipulated in the

Decree-Law and other relevant legislation. The Authority may impose administrative fine on anyone who commits any of the acts specified in the Table attached to this resolution that are in violation of the provisions of the Decree-Law and Executive Regulations thereof.

2. The Authority may double the value of the administrative fine specified in the Table attached to this resolution in the event of the repetition of the same Administrative Violation before one year has passed from the date of its first time.

Federal Cabinet Resolution of 2024, Concerning the Administrative Penalties for Violating the Provisions of 2 Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services and its Executive

3. The Authority may double the administrative fine if the Violator does not amend his status based the Authority instructions and within the period specified by it.

Article (3) Amendment to the Violations and Administrative Penalties The Cabinet has the power to make or amend the administrative fines mentioned in this resolution, whether by addition, deletion or amendment.

Article (4) Appeal Any interested party may submit a written appeal to the Authority Director General regarding the administrative fines referred to in this resolution and that were imposed against him, within (14) fourteen days from the date of notice. The Appeal shall be reasoned and accompanied by all supporting documents, and a decision is made. This Appeal shall be filed within thirty (30) days from the date of its submission in accordance with the Authority measures and procedures in force.

Article (5) Collection of Administrative Fines Fines stipulated in this Resolution shall be collected through the methods established by the Ministry of Finance.

Article (6) Executive Resolutions The Chairman shall issue the necessary resolutions to implement this resolution provisions.

Federal Cabinet Resolution of 2024, Concerning the Administrative Penalties for Violating the Provisions of 3 Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services and its Executive

Article (7) Repeals

1. Resolution No. (1) of 2008 of the Minister of Economy concerning the issuance of the regulations for certification service providers shall be cancelled.

2. Any provision that violates or contradicts the provisions of this resolution shall be repealed.

Article (8) Publication and Entry into Force This Resolution shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication.

Mohammed Bin Rashid Al Maktoum Prime Minister

Issued by Us:

On: 7 Dhul-Qi'dah 1445 A.H.

Corresponding to: 15 May 2024 AD

Federal Cabinet Resolution of 2024, Concerning the Administrative Penalties for Violating the Provisions of 4 Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services and its Executive

Table Attached to Cabinet Resolution No. (52) of 2024 Concerning Administrative Fines due to the Violation of the Provisions of Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services and Executive Regulations thereof No. Violation Description Administrative Fine

Amount (AED)

1. Commence any of the Trust Services or (300) Three hundred for Accredited Trust Services without being each day of delay, with a

obligated to take the specified procedures maximum of (9,000) concerning Licence Renewal within (30) days nine thousand.

from the Licence expiration date.

§Article 2 — Provide Trust Services or Accredited Trust (500) five hundred for

Services after the Licence expires. each day of delay, with a

maximum of (90) ninety days. The Authority may suspend the Licence after a period of (90) ninety days from the date of Licence expiration.

§Article 3 — The Licence Holder failure to provide TDRA (10,000)

with documents and data related to its Ten thousand business, services and clients.

§Article 4 — The Licence Holder obstructs the inspection or (10,000)

audit of the person appointed or authorised by Ten thousand the Authority.

§Article 5 — Failure to implement the obligations and (15,000)

requirements of the Decree-Law, Executive Fifteen thousand

Federal Cabinet Resolution of 2024, Concerning the Administrative Penalties for Violating the Provisions of 5 Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services and its Executive

Regulations thereof, and the resolutions and circulars issued by the Authority and the relevant authorities.

§Article 6 — The Licence Holder violates the resolution 20,000

issued to suspend or stop from practising their Twenty thousand activities and provide their services.

§Article 7 — Assign the Licence to another party without 20,000

obtaining the Authority prior approval. Twenty thousand

§Article 8 — Modify the Licence Holder data and 20,000

ownership without obtaining the Authority Twenty thousand approval.

§Article 9 — Publish data or information that contradicts the (20,000) Twenty

Authority records. thousand

§Article 10 — The Licence Holder fails to comply with the (50,000) Fifty thousand

resolution to suspend or cancel the Licence and his

conclusion of contracts, provision of services, or receipt of fees for Trust Service or Accredited Trust.

§Article 11 — The Licence Holder fails to fulfil his obligations (20,000) Twenty

arising from contracts concluded prior to the thousand suspension of their work or the cancellation of their Licence.

§Article 12 — The Licence Holder fails to comply with the (20,000) Twenty

technical standards during the licensing period in thousand accordance with the provisions of the Decree-Law, Executive Regulations thereof, and relevant

resolutions and instructions.

§Article 13 — The Licence Holder does not act in a fairly and (20,000) Twenty

honestly in all its activities, operations, thousand presentation and marketing of their services.

Federal Cabinet Resolution of 2024, Concerning the Administrative Penalties for Violating the Provisions of 6 Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services and its Executive

§Article 14 — The Licence Holder fails to comply with the (50,000) Fifty thousand

controls and procedures concerning the appointment or reliance on those with specialised expertise in managing and operating services.

§Article 15 — The Licence Holder fails to comply with the (50,000) Fifty thousand

requirements, standards, controls and procedures related to the use of safe and reliable systems and technologies.

§Article 16 — The Licence Holder fails to comply with the (50,000) Fifty thousand

procedures related to suspending services and activating termination plans.

§Article 17 — Failure to obtain a Licence to use the capacity of (20,000) Twenty

the authorized person to provide the authorised thousand Trust Services specified in the Licence application.

18 Failure of the Accredited Trust Service Provider to (10,000) Ten thousand comply with the controls, procedures and standards related to the use of the accredited trust mark in accordance with the requirements and resolutions issued by the Authority.

19 Advertise services before obtaining a Licence, or (50,000) Fifty thousand advertise after the Licence expires.

20 The Licence Holder fails to inform or notify the (10,000) Ten thousand party relying on the Trust Services or the Accredited Trust Services of the levels of security and trust of the digital identity used.

21 The Licence Holder fails to provide appropriate (10,000) Ten thousand mechanisms for receiving and handling complaints or suspending and cancelling the client account for the services provided.

Federal Cabinet Resolution of 2024, Concerning the Administrative Penalties for Violating the Provisions of 7 Federal Decree-Law No. (46) of 2021 Concerning Electronic Transactions and Trust Services and its Executive

22 The Licence Holder fails to assist and enable the (10,000) Ten thousand transfer of clients to another Licence Holder in

accordance with the controls and instructions issued by the Authority.

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