Law (2) of 2016

Establishing the

Dubai Data Establishment[1]

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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Law No. (11) of 2014 Establishing the Dubai Centre for Electronic Security;

Law No. (26) of 2015 Regulating Data Dissemination and Exchange in the Emirate of Dubai; and

Law No. (29) of 2015 Establishing the Dubai Smart City Office,

Do hereby issue this Law.

Title of the Law

Article (1)

This Law will be cited as “Law No. (2) of 2016 Establishing the Dubai Data Establishment”.

Definitions

Article (2)

The following words and expressions, wherever mentioned in this Law, will have the meaning indicated opposite each of them unless the context implies otherwise:

The Emirate of Dubai.

Emirate:

His Highness the Ruler of Dubai.

Ruler:

The Government of Dubai.

Government:

The Executive Council of the Emirate of Dubai.

Executive Council:

Law No. (26) of 2015 Regulating Data Dissemination and Exchange in the Emirate of Dubai.

Law:

The Dubai Centre for Electronic Security.

DCES:

The Dubai Smart City Office.

DSCO:

The board of directors of the DSCO.

Board of Directors:

The chairman of the Board of Directors.

Chairman:

The Dubai Data Establishment.

DDE:

The chief executive officer of the DDE.

CEO:

A collection of organised or unorganised information, facts, concepts, instructions, observations, or measurements, in the form of numbers, alphabets, symbols, images, or any other form, that are collected, produced, or processed by Data Providers.

Data:

The Government Entities and Persons determined by the DDE.

Data Providers:

This includes any of the Federal Government Entities or Local Government Entities.

Government Entity:

Any of the ministries, public agencies and corporations, or similar entities affiliated to the federal government.

Federal Government Entity:

Any of the departments, public agencies and corporations, councils, centres, authorities, or any other entity affiliated to the Government, including the authorities supervising Special Development Zones and free zones.

Local Government Entity:

Establishing the DDE

Article (3)

Pursuant to this Law, a public establishment named the “Dubai Data Establishment” is established. The DDE will have legal personality, and the legal capacity required to undertake all acts and dispositions that ensure the achievement of its objectives. The DDE will be affiliated to the DSCO.

Head Office of the DDE

Article (4)

The head office of the DDE will be located in the city of Dubai. The DSCO may open  branches of the DDE within and outside of the Emirate.

Objectives of the DDE

Article (5)

The DDE will have the following objectives:

1.       to promote the position of the Emirate in the field of Data dissemination and exchange;

2.       to contribute to creating a knowledge and data base for the benefit of all Government Entities and the private sector; and

3.       to oversee and regulate Government Entities, and coordinate among them, to ensure proper implementation of the Law.

Functions of the DDE

Article (6)

The DDE is the Competent Entity responsible for supervising the implementation of the Law. The DDE will exercise, in coordination with the DCES, the duties and powers assigned to it under the Law, the resolutions issued in pursuance thereof, and the legislation in force in the Emirate.

Functions of the Board of Directors

Article (7)

a.       The Board of Directors will undertake general supervision of the work of the DDE and the performance of its functions under the Law, the resolutions issued in pursuance thereof, and the legislation in force in the Emirate. For this purpose, the Board of Directors will have the duties and powers to:

1.       approve, and follow up the implementation of, the general policy and strategic and operational plans of the DDE;

2.       approve the draft annual budget and final accounts of the DDE;

3.       approve the projects, programmes, and initiatives of the DDE;

4.       propose the legislation required for the DDE to achieve its objectives;

5.       appoint financial auditors, and experts and specialists in the areas related to the activities of the DDE, and determine their remuneration;

6.       approve the fees and charges for the services provided by the DDE;

7.       approve partnership projects with Government Entities and the private sector, and attract sponsors to fund the programmes, initiatives, and projects implemented by the DDE;

8.       form permanent and temporary committees and work teams, and determine their functions and terms of reference;

9.       approve the annual report of the DDE, and submit the same to the Ruler; and

10.   perform any other duties assigned to it by the Ruler or the Chairman of the Executive Council.

b.       The Board of Directors may delegate any of the powers stipulated in paragraph (a) of this Article to any of its members or to the CEO, provided that this delegation is specific and in writing.

Functions of the Chairman

Article (8)

a.       The Chairman will have the duties and powers to:

1.       approve the organisational structure of the DDE, and the resolutions and bylaws required to regulate the administrative, financial, technical, and contractual work, and human resources of the DDE;

2.       in accordance with the legislation in force in the Emirate, approve financial approval authorities at the DDE; open, close, and withdraw from bank accounts; and obtain loans in the name of the DDE; and

3.       perform any other duties assigned to him by the Ruler or the Chairman of the Executive Council, or delegated to him by the Board of Directors.

b.       The Chairman may delegate any of the powers stipulated in paragraph (a) of this Article to any member of the Board of Directors, provided that this delegation is specific and in writing.

Executive Body of the DDE

Article (9)

a.       The DDE will have an executive body comprised of the CEO and a number of administrative, financial, and technical employees.

b.       The executive body of the DDE will be responsible for the operational work of the DDE, and for following up the implementation of the resolutions passed by the Board of Directors.

c.       The procedures and terms of appointment, and all professional rights and duties of the employees of the executive body of the DDE will be determined pursuant to the relevant human resources bylaws approved by a relevant resolution of the Chairman.

CEO of the DDE

Article (10)

a.       The CEO will be appointed pursuant to a resolution of the Chairman of the Executive Council upon the recommendation of the DCES.

b.       The CEO will be accountable to the Board of Directors for performing the duties assigned to him under this Law, the resolutions issued in pursuance hereof, and regulations and bylaws adopted by the DDE.

c.       The CEO will have the duties and powers to:

1.      propose the general policy and strategic, development, and operational plans of the DDE, and submit the same to the Board of Directors for approval;

2.      implement the general policy, and strategic and operational plans of the DDE, and the resolutions passed by the Chairman or the Board of Directors;

3.      propose the draft annual budget and final accounts of the DDE, and submit the same to the Board of Directors for approval;

4.      prepare the organisational structure of the DDE and draft the resolutions and bylaws regulating the administrative, financial, technical, and contractual work, and human resources of the DDE; and submit the same to the Chairman for approval;

5.      supervise the daily work of the DDE executive body, issue human resources resolutions, and appoint competent and specialised employees;

6.      propose the projects, programmes, and initiatives of the DDE; submit the same to the Board of Directors for approval; and supervise the implementation of these projects, programmes, and initiatives ;

7.      prepare the annual report on the achievements and activities of the DDE, and submit the same to the Board of Directors for approval;

8.      represent the DDE before third parties, and conclude the contracts and agreements required for the achievement of its objectives;

9.      achieve the performance outcomes required from the DDE executive body, and submit performance reports to the Board of Directors;

10.  propose fees and charges for the services provided by the DDE, and submit the same to the Board of Directors for approval; and

11.  perform any other duties assigned or delegated to him by the Board of Directors.

Financial Resources of the DDE

Article (11)

The financial resources of the DDE will consist of:

1.       support allocated to the DDE in the annual budget of the DSCO;

2.       fees and charges for the services provided by the DDE;

3.       proceeds and profits generated from renting out the property of the DDE or from investing the same in any other way;

4.       any other resources secured by the DDE through performing its activities and providing its services; and

5.       any other resources approved by the Board of Directors.

Budget and Accounts of the DDE

Article (12)

a.       In regulating its accounts and records, the DDE will apply the accounting rules and principles approved by the Board of Directors.

b.       The financial year of the DDE will commence on 1 January and will end on 31 December of each year, except that the first financial year will commence on the date this Law comes into force and will end on 31 December of the following year.

Cooperation with the DDE

Article (13)

All Government Entities in the Emirate must cooperate with the DDE to enable it to achieve its objectives and perform its functions under the Law.

Issuing Implementing Resolutions

Article (14)

The Chairman will issue the resolutions required for the implementation of this Law.  

Repeals

Article (15)

Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Law.

Publication and Commencement

Article (16)

This Law will be published in the Official Gazette and will come into force on the day on which it is published.

 

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 7 March 2016

Corresponding to 27 Jumada al-Ula 1437 A.H.


©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.