The first Law Update of 2024 is here, and our first focus of the year spotlights Healthcare and Lifesciences, a sector that is undergoing significant growth and development across the MENA region.
Our focus provides an insight into some of the most important regulatory updates across the region, such as the UAE’s groundbreaking law on the use of human genome, Kuwait’s resolution on nuclear and radioactive materials, the new regulations for healthcare services in Qatar, Egypt’s healthcare regulatory framework, and the impact of the Saudi Civil Transactions Law on the healthcare and life sciences sector … and there is so much more!
Beyond the healthcare pages our lawyers share with you multi-sector insights where you will discover articles on Dubai’s DIFC regulatory framework for startups, Bahrain’s commercial agencies law, and we also shed light on Kuwaiti civil code and the advantages of setting up a joint stock company in Saudi Arabia.Read the full edition
A main objective of the UAE ‘s Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services (“ETTSL”) that came into force in January 2022 (UAE issues new Federal Electronic Transactions and Trust Services Law – Al Tamimi & Company) is to enhance trust, encourage and facilitate electronic transactions of all types, and protect the rights of customers.
Critical to this regime is the function of a Trust Service Provider (TSP), which is a person licensed by the Telecommunications and Digital Government Regulatory Authority under the ETTSL and its executive regulations to provide Trust Services” under the law involved in the creation, validation and preservation of electronic signatures, electronic seals, electronic time stamps and electronic registered delivery services.
Cabinet Resolution No. (28) of 2023 on the Executive Regulations of Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services (“Executive Regulations”), which was issued on 31 March 2023 and comes into force on 29 June 2023 (i.e. 90 days later), prescribes the process and procedures for the licensing of Trust Service Providers and Qualified Trust Service Providers (i.e. TSPs that comply with additional measures to provide Qualified Trust Services that have higher integrity under the ETTSL), and outlines the standards for validation and retention of electronic documents, signatures and seals.
The Executive Regulations also provides for the creation of a public list to be called the “UAE Trust List” by the TDRA, which will include information on the licensed TSPs and Qualified Trust Service Providers, the services provided by them, and their licence status – which is an essential element in building trust by allowing users to determine the status of TSPs and the services they are authorised to provide.
Additionally, provisions of the Executive Regulations that allow for the TDRA to set the standards related to the Qualified Trust Mark, which is a mark or logo that proves that the TSP is qualified by the TDRA to provide qualified electronic trust services are important for telling users that they can trust certain services for carrying out electronic transaction in a reliable and secure way, consequently, furthering another one of the ETTSL’s objectives, which is encouraging digital transformation.
Our specialist Digital & Data practice regulatory advises on legal matters relating to electronic transactions and digital transformation. For further information please contact one of our Key Contacts.