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We are excited to share the latest edition of the Law Update, beautifully and appropriately titled “Sustainable Horizons: The Saudi Arabian Vision.” Giving special honor to the Kingdom’s 2030 vision, this update focuses on a collection of both informative and inspiring articles.
For those in construction, you can learn about how the tendering environment impacts risk-pricing for contractors, the updates on the legal framework of the construction industry and how contractors can protect themselves against financial difficulties.
There is good news too from the kingdom’s banking sector, from which the practice of “Open Banking” is being pushed for! But what is open banking? We’re answering that too.
Also . . . Are there any women trail blazers in Saudi Arabia you can name? We’ll help you with that. We cover how the Middle East has been making strides in empowering women in the entrepreneurial space,most notably in STEM fields.Read the full edition
The new Decree by Federal Law No. 34 of 2021 (“Cybercrimes Law”) cancels the previous relevant legislation, namely the Decree by Federal Law No. 5 of 2012 concerning the combat of cybercrimes. Below is some of the key changes to take note of:
Given the importance of such institutions, the Cybercrimes Law further elaborated on the same by referencing and naming those specific institutions to provide for an aggravated penalty.
A penalty of imprisonment term (not less than a year) and/or a fine ranging between AED 500,000 up to AED 3 Million applies on anyone who deliberately disables, suspends or damages/cause harm to an electronic system, website or tool as defined in the Cybercrimes Law.
An aggravation of the penalty applies if the damages/harm affects a banking, medical, media or a scientific institution, the penalty would increase. In such circumstances, the imprisonment increases to a minimum of 3 years with a maximum sentence of 15 years.
Massive changes occurred in terms of re-ordering the relevant provisions and restructuring them. Many additions were also made to the legislation. This provides for more elaboration and clarity of similar counterparts from the previous legislation.
For example, unauthorized access to websites and electronic platforms was clarified by making a direct reference to the word “hacking” in the new provision – a term that is more common and known in the cyber world.
A key provision was introduced to address specifically the instances of creating false electronic emails, website or accounts with the aim of impersonating an individual or a corporate entity.
Article 11 of the Cybercrimes Law imposes an imprisonment penalty and/or a fine not less than AED 50,000 up to AED 200,000 on whoever creates an email, website or an electronic account and falsely attributes it to another. The penalty of imprisonment would be 2 years if the email, website or electronic account was used in a manner that harms the victim (being the real individual or corporate entity).
Below are examples of the new elaborated separate articles /sub-provisions addressing specific crimes:
Should you need any further information or advice with respect to the new Cybercrimes Law and the changes it has brought, please feel free to contact us.
Partner, Head of Litigation - Dubaia.firstname.lastname@example.org
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