The United Arab Emirates seeks to enhance a secure digital environment through a comprehensive legislative framework that addresses cybercrime. Through a set of laws and procedures, this system aims to combat these crimes and protect society from their threats. This legal framework includes dealing with crimes committed outside the country, the importance of community awareness, the powers available to legal authorities, and the challenges facing the implementation of these laws.
Applicability of the Law on Cyber Crimes Committed Outside the Country
In its efforts to combat cybercrime, Article 2 of the Cybercrime Law states that the law applies to crimes committed outside the country if they directly impact national security or the interests of the state, or if they target the citizens or residents of the country. This article underscores the state's commitment to protecting its cyber security even when crimes are committed beyond its borders, ensuring that perpetrators are held accountable regardless of where the crimes occur.
The Role of Awareness and Education in Preventing Cybercrime
Awareness is a fundamental part of preventing cybercrime, as relevant authorities collaborate to organize awareness campaigns targeting individuals and institutions to increase awareness about the rising risks of these crimes. This includes educating individuals on how to protect their personal data from digital threats and guiding institutions to adhere to best practices in cybersecurity. These campaigns are not limited to individuals but also include directing institutions on the measures they should take to avoid involvement in cybercrime, enhancing the safety of the digital community.
Legal Procedures Available: Reconciliation and Powers of the Public Prosecutor
Regarding cybercrime, UAE law allows for reconciliation in certain cases, according to Article 72, which contributes to the rapid resolution of criminal cases and disputes. On the other hand, the Public Prosecutor is granted extensive powers to deal with electronic threats, including the authority to issue orders to block websites that threaten national security under Article 74, as well as placing the accused under supervision or monitoring in certain cases as stated in Article 73. This coordination between reconciliation and the powers of the Public Prosecutor contributes to an effective and swift response to cybercrime.
The Admissibility of Electronic Evidence and Its Impact on Criminal Investigations
In this context, the law emphasizes the importance of electronic evidence in criminal investigations, considering such evidence to have legal validity equivalent to physical evidence in trials for cybercrimes, as per Article 75. Thanks to this evidence, it has become possible to present strong proofs that aid in convicting offenders. Parties are also allowed to appeal and challenge orders issued by competent authorities under Article 76, ensuring that legal procedures are conducted fairly and in accordance with individuals' rights.
Judicial Orders and Exemption from Penalties in Certain Cases
Legal procedures in the UAE also include issuing judicial orders aimed at correction, suspension, or blocking access to harmful content, especially in crimes that affect national security, as stated in Article 77. Additionally, the law allows courts to grant exemptions from penalties in specific cases under Article 78, particularly if the accused shows cooperation with authorities or provides information that contributes to combating cybercrime. These practices encourage individuals to interact positively with investigations, enhancing the effectiveness of the judicial system.
Aggravating Circumstances for Penalties and Their Impact on Deterrence
On the other hand, the law considers certain circumstances that require imposing harsher penalties for crimes, such as committing a crime in connection with work or for the account of a foreign state, as stated in Article 79. This classification aims not only to impose severe penalties but also to enhance deterrence by addressing crimes that more significantly threaten state security.
Challenges in Combating Cybercrime and Future Recommendations
Despite strong legislation and effective measures, combating cybercrime in the UAE faces challenges. The most prominent of these challenges is the continuous evolution of these crimes, making it difficult to track cybercriminals, along with a lack of awareness among some individuals and institutions about preventive methods. To overcome these challenges, it is recommended to periodically update legislation to keep pace with technological developments and to enhance international cooperation in combating cybercrime. Additionally, increasing awareness through educational campaigns is a critical step in reducing the risks associated with these crimes.
Conclusion
The UAE continues its efforts to combat cybercrime and provide a secure digital environment for society. By updating legislation and fostering cooperation among government entities, private institutions, and individuals, positive results can be achieved in addressing these crimes and protecting society from their negative impacts. This cooperation forms the foundation for achieving a safe and sustainable digital environment.
At Al Safar and Partners, we have extensive experience in providing specialized legal consultations in combating cybercrime in the United Arab Emirates. Contact us at: +97144221944 - reception@alsafarpartners.com https://www.alsafarpartners.com
Written By:
Ms. Rana Al Shoufi - Legal Consultant & Head of legal Coordination Department at Al Safar and Partners Law Firm