Executive Council Resolution No. (39) of 2015
Regulating
Poll
Studies Firms Operating in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Mohammed bin
Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,
After
perusal of:
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law
No. (9) of 2004 Concerning the Dubai International Financial Centre and its
amendments;
Law No. (23) of 2006
Establishing the Dubai Statistics Centre;
Law
No. (35) of 2009 Concerning Management of the Public Funds of the Government of
Dubai and its amendments;
Decree
No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
and
The
legislation establishing and regulating free zones in the Emirate of Dubai,
Do hereby issue this Resolution.
The following words and
expressions, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The Emirate
of Dubai. |
|
DSC: |
The Dubai Statistics Centre. |
|
Executive
Director: |
The executive
director of the DSC. |
|
Poll
Study: |
Survey of opinions; measurement of trends; and
collection of data, information, and statistics on a particular matter during
a specific period of time through various direct and indirect techniques and
methods. |
|
Activity: |
Conducting
Poll Studies for third parties in the Emirate. |
|
Person: |
A
natural or legal person. |
|
Firm: |
A legal
person licensed, by the DSC and the concerned commercial licensing authority,
to conduct the Activity in the Emirate. |
|
Permit: |
A
document issued by the DSC authorising a Firm to conduct the Activity in the
Emirate. |
|
Temporary
Permit: |
A
document issued by the DSC authorising a Firm licensed outside of the Emirate
to conduct a specific Poll Study in the Emirate. |
|
Personal
Data: |
The
personal information provided by a Person in the course of conducting a Poll Study. |
The provisions of this Resolution
will apply to all those
who conduct the Activity in the Emirate, including Special Development Zones and
free zones such as the Dubai International Financial Centre.
This
Resolution aims to achieve the following:
1. to ensure the proper and accurate conduct of Poll Studies in the Emirate in accordance with the relevant recognised scientific methodologies and practices;
2. to provide legal protection for
Personal Data;
3. to ensure efficient conduct of Poll
Studies by Firms; and
4. to remove the obstacles facing the
conduct of Poll Studies and create a favourable environment for conducting
them.
For
the purpose of achieving the objectives of this Resolution, the DSC will have
the duties and powers to:
1.
approve
the scientific methodologies and principles related to conducting Poll Studies
in accordance with the best practices adopted in this respect;
2. determine, in accordance with the standards
and requirements prescribed by a resolution issued by the Executive Director,
the applications submitted by the entities wishing to conduct the Activity;
3. seek to find the appropriate solutions
to overcome obstacles facing Firms in the course of conducting Poll Studies;
4. issue, in accordance with the relevant
rules adopted by the DSC, identification cards for field researchers employed
by Firms;
5. monitor and supervise Firms, and
verify their compliance with the provisions of this Resolution and the
resolutions issued in pursuance hereof;
6. issue, in coordination with the
concerned commercial licensing authority, Temporary Permits in accordance with
the relevant rules adopted by the DSC;
7. create a database of the findings of Poll
Studies, and benefit from these findings in updating the statistical data on
the Emirate;
8. receive and investigate complaints
filed against Firms, and impose the penalties and measures prescribed in this
Resolution on violating Firms;
9. review the reports issued based on the
Poll Studies conducted in the Emirate, and prepare, where necessary,
appropriate responses to these reports in coordination with concerned
Government entities; and
10. perform any other duties required for the
achievement of the objectives of this Resolution.
No Person
may conduct the Activity in the Emirate without obtaining a relevant Permit
from the DSC, and a licence from the concerned commercial licensing authority.
The conditions and requirements for conducting the Activity will be prescribed
by the relevant resolutions issued by the Executive Director.
All Personal Data is deemed confidential and may be revealed or disclosed only upon the approval of the concerned Person, or the request of a competent judicial authority. Personal Data may not be used for other than the relevant Poll Study purposes.
A
Firm must:
1. comply with the conditions and rules adopted by the DSC for conducting the Activity;
2. appoint the qualified administrative and technical staff required for conducting Poll Studies in the Emirate, and notify the DSC of their names, details, and qualifications, in accordance with the requirements and conditions prescribed by the DSC in this respect;
3. provide the DSC, when requested, with any information or data related to conducting the Activity in the Emirate;
4. cooperate with the DSC employees, and grant them access to its premises and to the records, documents, and data related to conducting the Activity;
5. require Persons working with it to produce their identification cards to others when conducting Poll Studies; and
6. perform any other obligations determined pursuant to the relevant resolutions issued by the Executive Director.
Field
Poll Studies may be conducted only at the places where this is authorised by
the DSC.
The following acts are prohibited for Firms,
and entities on behalf of which Poll Studies are conducted or to which
Temporary Permits are issued:
1. violating the conditions and rules adopted by the DSC for conducting the Activity;
2. using the findings of Poll Studies to undermine the image of the UAE or its achievements in any way;
3. violating the confidentiality of Personal Data;
4. changing or modifying the findings or outcomes of Poll Studies to misrepresent the facts;
5. employing an unauthorised Person to conduct Poll Studies; or
6. conducting field Poll Studies at other than the places where this is authorised by the DSC.
The DSC will charge, in return for issuing Permits and providing other services set out in Schedule (1) attached hereto, the fees indicated opposite each service.
a.
Without
prejudice to any stricter penalty stipulated in any other resolution, any
Person who commits any of the violations set out in Schedule (2) attached
hereto will be punished by the fine indicated opposite that violation. The amount of the fine will be doubled upon
repetition of the same violation within one (1) year from the date of the
previous violation. A doubled fine must not exceed forty thousand Dirhams (AED
40,000.00).
b.
In addition to
the penalty of a fine prescribed by paragraph (a) of this Article, the DSC may
take one or more of the following measures against the violator:
1. suspending the Permit of the violating
Firm for a period not exceeding six (6) months;
2. revoking the Permit; and/or
3. revoking the identification card.
Employees and inspectors of the DSC nominated
pursuant to a resolution issued by the Executive Director will have the
capacity of law enforcement officers to record the acts committed in breach of
the provisions of this Resolution and the resolutions issued in pursuance
hereof. For this purpose, they may issue the necessary violation reports.
For
the purpose of exercising the duties and powers assigned to it pursuant to this
Resolution, the DSC may seek assistance from the competent Government entities,
including police personnel. Upon request, such entities must provide support
and assistance to the DSC.
Fees and
fines collected pursuant to this Resolution will be paid to the Public Treasury of the Government of Dubai.
All
entities to which this Resolution applies must comply with its provisions
within a maximum period of one (1) year from the effective date hereof.
The Executive Director will issue the resolutions
required for the implementation of the provisions of this Resolution.
This Resolution will be published in the
Official Gazette and will come into force on the day on which it is published.
Hamdan
bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman
of the Executive Council
Issued in Dubai on 17 August 2015
Corresponding to 2 Thu al-Qidah 1436 A.H.
|
SN |
Description |
Fee (in Dirhams) |
|
1 |
Application for
a Permit |
500.00 |
|
2 |
Issuance
of a Permit |
4,500.00 |
|
3 |
Issuance
of a Permit for a Firm with a commercial licence whose term does not exceed
six (6) months |
2,500.00 |
|
4 |
Renewal
of a Permit |
5,000.00 |
|
5 |
Issuance
of a Temporary Permit |
2,500.00 |
|
6 |
Amendment of
a Firm’s basic information |
AED 100.00 per
variation |
|
7 |
Issuance
of an identification card for a Firm's field researcher |
50.00 |
|
8 |
Issuance
of a replacement for a lost or damaged
identification card for a Firm’s field researcher |
100.00 |
|
9 |
Amendment of
identification card details of a Firm’s field researcher |
50.00 |
|
10 |
Professional
competency test |
500.00 |
|
SN |
Description |
Fine (in Dirhams) |
|
1 |
Conducting
the Activity in the Emirate without obtaining a Permit |
20,000.00 |
|
2 |
Conducting
the Activity in the Emirate after the expiry of the Permit |
AED 5,000.00 per month of delay, and up to AED 20,000.00. Part of a month will be rounded to a full month. |
|
3 |
Failure
to provide the information and data required by the DSC |
5,000.00 |
|
4 |
Contravention
of the conditions of the Permit or Temporary Permit |
5,000.00 |
|
5 |
Employing
an unauthorised Person to conduct a Poll Study |
6,000.00 |
|
6 |
Failure by Persons working with a Firm to produce the relevant
identification cards issued by the DSC to others while conducting field Poll
Studies |
400.00 |
|
7 |
Violating the confidentiality of Personal Data or using it for other than the
Poll Study purposes |
20,000.00 |
|
8 |
Failure
to cooperate with the employees of the DSC or the entities
authorised by the DSC, or obstructing their work |
5,000.00 |
|
9 |
Changing
or modifying the findings or outcomes of a Poll Study to misrepresent the
facts |
10,000.00 |
|
10 |
Conducting
a field Poll Study at other than the places where this is authorised |
3,000.00 |
|
11 |
Failure
to comply with the resolutions and instructions issued by the
DSC |
10,000.00 |
©2015 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict the Arabic text will prevail.