The Federal Decree by Law No. (14) of 2023 Concerning Modern Technology-Based Trade establishes a comprehensive regulatory framework aimed at governing and advancing the realm of digital commerce within the State. Encompassing various facets of modern trade facilitated by technology, the decree delineates the scope of application, objectives, competencies of relevant authorities, standards and requirements, consumer protection measures, dispute resolution mechanisms, data management protocols, insurance coverage, legal liabilities, and enforcement mechanisms. Here is a summary of the key provisions:
*Scope of Application:
The decree applies to modern technology-based trade activities within the State, encompassing digital transactions, logistical services, and digital payment gateways. It extends to free zones under specific conditions and excludes government procurement, certain digital platforms, and transactions supervised by the Central Bank.
*Objectives:
The decree aims to align with the State’s digital transformation goals, enhance legislative frameworks, promote fair trade practices, and safeguard consumer interests, data, and intellectual property rights.
*Competencies of the Ministry of Economy:
The Ministry is tasked with formulating policies, protecting consumer interests, coordinating with authorities to block non-compliant platforms, ensuring tax compliance, and may delegate powers as necessary.
*Standards and Requirements Regarding Modern Technology-Based Trade and their obligations:
• Having the legal capacity.
• Fulfilling legal, regulatory, professional, and technical requirements and conditions.
• Providing a technically safe environment for trade services through modern technology.
• Selling legally permitted goods or services.
• Determining and disclosing terms, conditions, and details of trade stages.
• Fulfilling conditions and requirements for promotional and marketing campaigns.
• Refraining from dealing in a misleading manner or providing incorrect data.
• Providing detailed non-paper invoices for purchases.
• Fulfilling competition protection terms and conditions.
• Developing a business continuity plan.
• Providing Information and data upon request.
• Adhering to any other standards and requirements determined by the Cabinet.
*Protection of Consumer Rights Regarding Modern Technology-Based Trade:
This decree delineates consumer rights in modern technology-based trade, encompassing access to specified goods/services as per terms, clear product descriptions, secure purchasing methods, opt-in/out for marketing campaigns, transparent feedback mechanisms, complaint submission processes, accessible complaint channels, contact information provision, and adherence to legislation-defined rights.
*Dispute Settlement:
Disputes may be resolved through designated committees or arbitration, with consumer rights upheld. The decree outlines the competencies and procedures for dispute resolution.
*Data and Information:
Stringent criteria govern the protection, sharing, and use of consumer data and information, ensuring compliance with data protection laws and safeguarding consumer privacy.
*Insurance Coverage and Legal Liability:
Insurance coverage may be mandated for digital traders to mitigate risks, and entities are held legally liable for fulfilling obligations under the decree.
*Enforcement and Penalties:
Authorities oversee compliance, enforce penalties for violations, and may impose administrative penalties. Regulations and resolutions are established to facilitate implementation and enforcement.
The Federal Decree by Law No. (14) of 2023 provides a comprehensive regulatory framework to govern modern technology-based trade, ensuring consumer protection, fair trade practices, data security, and legal compliance. By delineating rights, obligations, and enforcement mechanisms, the decree fosters a conducive environment for digital commerce while safeguarding the interests of all stakeholders involved.
https://uaelegislation.gov.ae/en/legislations/2150
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