Administrative Resolution No. (96) of 2016

Approving the Conditions for Engaging in the

Activity of Conducting Poll Studies[1]

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The Executive Director of the Dubai Statistics Centre,

After perusal of:

Law No. (28) of 2015 Concerning the Dubai Statistics Centre; and

Executive Council Resolution No. (39) of 2015 Regulating Poll Studies Firms Operating in the Emirate of Dubai,

Does hereby issue this Resolution.

Definitions

Article (1)

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.

Licensing Authority:

The commercial licensing authority responsible for licensing economic activities in the Emirate.

Activity:

Conducting Poll Studies for others in the Emirate.

Person:

A natural or legal person.

Firm:

A legal person licensed by the DSC and the 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.

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.

Educational Institution:

A school, university, college, institute, or similar institution.

Surveyor:

A Person who surveys opinions and collects information in the course of conducting a Poll Study.

Certificate of Professional Competence:

A certificate issued by the DSC to the technical manager of a Firm, proving that he has the experience and competency required to ensure the proper conduct, credibility, and quality outcomes of Poll Studies.

Conditions for Granting Permits

Article (2)

For a Firm to be granted a Permit to conduct the Activity in the Emirate, the following conditions must be met:

1.       the Firm must satisfy all the requirements approved by the Licensing Authority;

2.       the Firm must appoint a technical manager holding a Certificate of Professional Competence;

3.       the Firmís main area of business must be consistent with the Activity;

4.       the Firmís owner must be of good character and repute, and not have been convicted of a felony or other crime affecting honour or trustworthiness, unless he has been rehabilitated or pardoned;

5.       the Firmís owner must not be less than twenty-one (21) years of age; and

6.       the prescribed fee must be paid.

Certificates of Professional Competence

Article (3)

a.    To be issued with a Certificate of Professional Competence, the technical manager of a Firm must:

1.    be of good character and repute, and not have been convicted of a felony or other crime affecting honour or trustworthiness, unless he has been rehabilitated or pardoned;

2.    hold a minimum academic qualification of a bachelorís degree from an Educational Institution accredited in the UAE;

3.    pass the Certificate of Professional Competence examination conducted by the DSC; and

4.    pay the prescribed fee.

b.    A person who fails in the Certificate of Professional Competence examination may retake the examination up to two (2) times a year, provided that he pays the relevant prescribed fee.

c.     A Firmís employee who meets the conditions referred to in paragraph (a) of this Article may apply for a Certificate of Professional Competence.

d.    A Certificate of Professional Competence does not authorise its holder to conduct Poll Studies in his personal capacity.

Conditions for Conducting a Poll Study

Article (4)

In conducting a Poll Study, the following conditions must be observed:

1.    the national security, leaders, image, or achievements of the UAE may not be undermined; and issues that may result in discrimination or hate or in stirring up sedition or sectarianism in the UAE may not be approached;

2.    the legislation in force in the Emirate must be complied with;

3.    all matters relating to politics, religion, or ethnicity in the UAE may not be approached without first obtaining the written approval of the DSC;

4.    the consent of the respondents to the Poll Study must be obtained prior to conducting it; and they must be alerted that the information they give will be recorded for the purposes of the Poll Study;

5.    respondents to the Poll Study must be treated respectfully, impartially, and objectively; and may not be led or influenced, in any manner, to give specific responses;

6.    any person who is less than eighteen (18) years of age may not be polled without the prior written approval of his guardian;

7.    persons with mental disabilities may not be polled;

8.    respondents may only be contacted between 9:00 a.m. and 9:00 p.m. as prescribed by the DSC. A prior approval must be obtained from the DSC before conducting any Poll Study beyond these timings;

9.    students may not be polled at Educational Institutions without first obtaining the relevant written approval of the DSC;

10.  recognised scientific and statistical methodologies and techniques must be adopted to ensure the quality of the results and outcomes of the Poll Study; and

11.  the approval of the competent entities must be obtained where the Poll Study is conducted at a place within the jurisdiction of these entities. The policies and conditions prescribed by these entities must be fully complied with.

Poll Studies Conducted by Other than Firms

Article (5)

a.    An entity other than a Firm may conduct a Poll Study on its own account in accordance with the following conditions:

1.    the Poll Study must be conducted by that entity and employing its own resources;

2.    the purpose of conducting the Poll Study must be to measure the level of services, quality of products, or satisfaction of the employees of that entity; and

3.    the Poll Study may be conducted only at any of the premises of that entity.

b.    Where any of the conditions stipulated in paragraph (a) of this Article is not met, the Poll Study must be conducted by a Firm authorised by the DSC to conduct the Activity.

Obligations of Firms

Article (6)

In addition to the obligations prescribed by the above-mentioned Executive Council Resolution No. (39) of 2015, a Firm must:

1.    display its Permit at a prominent place for easy reference by the public;

2.    notify the DSC of the names of its Surveyors and any change thereto;

3.    appoint a new technical manager, who holds the Certificate of Professional Competence, within one (1) month from the date on which the position of technical manager falls vacant;

4.    qualify and train Surveyors and verify their competence to conduct Poll Studies;

5.    educate Surveyors on the legal aspects of Poll Studies, and acquaint them with the ethics and recognised principles of survey work; and

6.    maintain, for the period prescribed by the DSC, a special register to record the outcomes of the Poll Studies conducted by the Firm.

Identification Cards of Surveyors

Article (7)

a.    The DSC will issue each Surveyor with an identification card proving that its holder is authorised to conduct Poll Studies in the Emirate.

b.    A Surveyorís identification card must include:

1.    his name;

2.    the name of the Firm in which he works; and

3.    any other information the DSC deems necessary to include on the identification card.

c.     A Surveyor may use his identification card only for its intended purposes. In particular, he must:

1.    not allow others to use his identification card;

2.    present the identification card to the respondents in the course of conducting any Poll Study, or when requested;

3.    notify the DSC in case the identification card is lost or damaged;

4.    not change, deface, delete, or add to, the information included on the identification card; and

5.    surrender the identification card to the Firm upon the end of his service with it.

Places for Conducting Field Poll Studies

Article (8)

Field Poll Studies may not be conducted at residences, labour compounds, or places of worship.

Commencement and Publication

Article (9)

This Resolution comes into force on the day on which it is issued, and will be published in the Official Gazette.

Arif Obaid Al Muhairi

Executive Director

Issued in Dubai on 21 November 2016

Corresponding to 21 Safar 1438 A.H.

 

 

 

 

 

 

 

 

 

 

 

 

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©2016 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.