The rise of technology has taken the world by storm recently, benefiting businesses and societies alike. The United Arab Emirates, being one of the major global hubs for media and technology, has been particularly aware of these benefits. However, with every advancement comes setbacks. Cybercrimes are the inevitable consequence of technological progress, and they make up a challenge to be resolved. The implementation of legal procedures aimed at combating these crimes is necessary. In this article, an overview of the legal framework will be discussed in addition to the reporting and handling procedures of cybercrimes in the UAE.
Legal Framework
In the UAE, a Cybercrime Law exists under No. 5 of the Federal Law legislated in 2012. This law was primarily passed to combat cybercrimes and therefore protect society and its individuals. Cybercrimes extend to affect the economy, businesses, and national security as well since crimes like electronic fraud, data tampering, unauthorized access to information systems, online defamation, and more all fall under cybercrimes.
Reporting Procedures
Reporting cybercrimes is vital for the UAE to be able to prosecute criminals and restore security in the nation. Every individual and business in the country has the responsibility of reporting such crimes to the local police and the aeCERT which is a specialized team for these cases called the UAE Computer Emergency Response Team. The reporting procedure itself should include a few relevant pieces of information.
The report should first include the nature of the crime. As mentioned earlier, cybercrimes include online defamation, fraud, and hacking an information system so the specific type of crime should be provided.
Naturally, any piece of evidence that could help the special authorities solve the crime being reported is important whether it be an email or a screenshot. In addition to that, any facts about the victim and the perpetrator should be shared with the authorities. The date of birth, phone number, username, and real full name are some of these details.
Lastly, the setting of the crime, if found, will be of great value to the teams working on solving the case. The date of the crime, its location, and its specific timing are very important to be mentioned.
It is important to note that reporting cybercrimes does not require physical presence in the UAE. Individuals residing outside the country can also report cybercrimes committed against them if the perpetrator is within the UAE’s jurisdiction. If the UAE can legally prosecute the perpetrator, the procedure can flow normally.
Handling of Cybercrimes
After receiving a reported cybercrime, it is time for the specialized authorities to begin the investigation process to be able to prosecute the perpetrator. The authorities that are eligible to handle these investigations are law enforcement agencies and the aeCERT mentioned earlier. Alongside each other, these teams are responsible for gathering potential evidence, conducting forensic analysis, and identifying the perpetrator.
When the offender is identified, the prosecution is ready to take place. Defendants have the right to legal representation and a fair trial. The UAE abides by the rules of a transparent legal procedure through which the defendant can counterclaim evidence presented by the plaintiff’s attorney. The sentence varies in the UAE from one cybercrime to another, ranging from financial fines to incarceration. For example, for unauthorized access to information systems, or hacking, the offender can be sentenced to imprisonment and/or a financial fine that can be up to 3 million AED. However, for online defamation, the punishment is more subjective depending on the case and its conditions.
The UAE today embraces innovation and creates a strong virtual framework that will push the nation ahead keeping a strong fixated eye on the cybercrimes that will emerge as an indication. The implementation of the Cybercrime Law in addition to the reporting procedures done with the help of members of the society and handling procedures done by legal authorities and the aeCERT will ensure that every criminal will be held responsible. With the integrity of the UAE’s judicial process and the unity of its people with its authorities, it will remain one of the safest, most advanced environments for anyone wanting to build a business or reside in it. If you want to learn more about cybercrimes in the UAE, our team of experienced criminal law attorneys can help you with a personalized consultation.
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