Establishing the Dubai Data and
Statistics Establishment[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law by Decree No. (45) of 2021 Concerning
Protection of Personal Data;
Law No. (3) of 2003 Establishing the Executive Council
of the Emirate of Dubai;
Law No. (26) of 2015 Regulating Data Dissemination and
Exchange in the Emirate of Dubai;
Law No. (28) of 2015 Concerning the Dubai Statistics
Centre;
Law No. (1) of 2016 Concerning the Financial
Regulations of the Government of Dubai, its Implementing Bylaw, and their
amendments;
Law No. (8) of 2016 Regulating the Grant of Law
Enforcement Capacity in the Government of Dubai;
Law (2) of 2016 Establishing the Dubai Data
Establishment and its amendments;
Law No. (5) of 2021 Concerning the Dubai International
Financial Centre;
Law No. (8) of 2021 Concerning Human Resources
Management of Executive Directors/ Chief Executive Officers in the Government
of Dubai;
Law No. (9) of 2022 Regulating the Provision of
Digital Services in the Emirate of Dubai;
Law No. (22) of 2023 Concerning the Dubai Digital
Authority;
Decree No. (22) of 2009 Concerning Special Development
Zones in the Emirate of Dubai;
Executive Council Resolution No. (39) of 2015
Regulating Poll Studies Firms Operating in the Emirate of Dubai; and
The legislation establishing and regulating free zones
in the Emirate of Dubai,
Do
hereby issue this Law.
This Law will be cited as “Law No. (24) of 2023
Establishing the Dubai Data and Statistics Establishment”.
The following words and expressions, wherever mentioned
in this Law, will have the meaning indicated opposite each of them unless the
context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
DDA: |
The Dubai Digital Authority. |
|
Director General: |
The director general of the DDA. |
|
DDSE: |
The Dubai Data and Statistics Establishment
established pursuant to this Law. |
|
CEO: |
The chief executive officer of the DDSE. |
|
Local Government Entity: |
Any of the Government departments; public agencies
and corporations; Government councils; public authorities, including the
authorities supervising Special Development Zones and free zones, such as the
Dubai International Financial Centre; or other public entities affiliated to
the Government. |
|
Federal Government Entity: |
Any of the ministries, public agencies and corporations,
or similar entities affiliated to the Federal Government. |
|
Other Entity: |
A public entity affiliated to a local government of
any of the emirates of the UAE, other than the Emirate. |
|
Government Entity: |
Any of the Federal Government Entities, Local Government
Entities, or Other Entities. |
|
Private Entity: |
Any for-profit or non-profit non-government legal
entity, including sole proprietorships. |
|
Digital Transformation: |
All means supporting the transformation of the
Emirate into a digital city, including technical infrastructure; Digital
Services; digital applications; Digital Data Platforms; and information
technology and Data protection policies and strategies. |
|
Digital Platform: |
A digital system adopted by the DDA, which comprises
hardware, software, networks, storage systems, and a connectivity and
communication website; and which is used to provide Digital Services and compile,
store, analyse, process, and disseminate Data and Statistics. |
|
Data: |
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. This includes
“information” wherever mentioned in this Law. |
|
Dubai Data: |
The Data which is in the possession of Data
Providers and is related to the Emirate. |
|
Data Providers: |
The Government Entities, Private Entities, and
Persons determined by the DDSE. |
|
Primary Registers: |
The digital or paper-based registers which are
determined, organised, and classified by the DDSE to ensure that each of them
includes a specific and consistent type of Dubai Data. |
|
Statistics: |
Collecting Data and information from Data Providers;
and auditing, processing, analysing, categorising, and disseminating the same
in the form of statistical indicators and reports. |
|
Statistical Survey: |
A method of collecting Data and information from a community
targeted by research or study, whether through a complete count or a sample
count as determined based on scientific methods. |
|
Poll Study: |
The process of collecting Data using various
techniques and methods with a view to directly or indirectly surveying the opinions
and measuring the trends of a community on a particular matter within a
specific period of time. |
Pursuant to this Law, a public establishment
named the “Dubai Data and Statistics Establishment” is established. The DDSE will have legal
personality, and the legal capacity required to achieve its objectives and
perform its functions under this Law, the resolutions issued in pursuance
hereof, and other legislation in force in the Emirate. The DDSE is hereby
affiliated to the DDA.
The head
office of the DDSE will be located in the Emirate. Other branches of the DDSE may
be established within the Emirate pursuant to a resolution of the Director
General.
The DDSE aims to:
1.
promote the position and
competitiveness of the Emirate in the field of Data and Statistics;
2.
establish the governance of Data and
Statistics, and manage and enhance the quality of these Data and Statistics, in
accordance with the best practices adopted in this respect;
3.
provide accurate and reliable Data
and Statistics in the Emirate with a view to achieving social and economic
development in the Emirate, particularly in the field of Digital Economy;
4.
provide support to decision makers
in the Emirate, particularly in developing strategies, policies, plans, and
initiatives;
5.
strike a balance between Data
dissemination, exchange, and usage; and Data confidentiality and privacy;
6.
ensure the proper and accurate
conduct of Poll Studies in the Emirate in accordance with the relevant
recognised scientific methodologies and practices; and
7.
provide an advanced and efficient
Digital Platform for Data and Statistics in the Emirate.
For the purpose of achieving its objectives, the DDSE will have
the duties and powers to:
1.
prepare, in coordination with the
General Secretariat of the Executive Council, a strategy for Data and
Statistics to meet the needs of the Emirate; and present the same to the
Director General for approval;
2.
develop the plans, initiative,
programmes, and projects related to Data, Statistics, artificial intelligence
applications, advanced analytics, and Data science, in accordance with the
Digital Transformation strategy adopted at the Emirate’s level; present the
same to the Director General for approval, and follow up their implementation;
3.
propose and review, in coordination
with the DDA, legislation governing Data, Statistics, artificial intelligence
applications, advanced analytics, and Data science; and submit the same to the
competent entities in the Emirate to take the necessary action in respect
thereof;
4.
propose and review the regulations
and policies pertaining to Data, Statistics, artificial intelligence
applications, advanced analytics, and Data science; and submit the same to the
Director General for approval;
5.
supervise the implementation of the
above-mentioned Law No. (26) of 2015 and the resolutions issued in pursuance
thereof;
6.
establish the standards, frameworks,
business models, and manuals for Data, Statistics, artificial intelligence
applications, advanced analytics, and Data science; develop the tools necessary
for the same; and submit them to the Director General for approval;
7.
establish the rules and standards
that Local Government Entities and Private Entities must observe for the
purposes of protecting their Data, and submit the same to the Director General
for approval;
8.
approve the Data classification
prepared by Data Providers, in accordance with the relevant applicable
legislation, policies, standards, and manuals;
9.
determine Data Providers;
10.
determine Primary Registers and
ensure that they are created, updated, organised, and classified in a manner
that facilitates Data dissemination and exchange in accordance with the
relevant rules adopted by the DDSE; and determine the entities responsible for
these registers;
11.
make Data and Statistics available
through the Digital Platform, using the latest methods available; and manage
the Digital Platform, determine the rules of its operation, and follow up its
performance, without prejudice to the confidentiality of Data prescribed by
this Law;
12.
analyse Data and Statistics and draw
conclusions with a view to supporting the decision-making process; and develop
products that are based on using Data, Statistics, artificial intelligence
applications, advanced analytics, and Data science;
13.
design and conduct statistical
studies, Statistical Surveys, and statistical counts; and prepare and provide
demographic, economic, social, health, educational, and other statistical Data,
information, forecasts, and indicators at the Emirate’s level;
14.
conduct Poll Studies in various demographic,
social, economic, health, educational, and other fields;
15.
take the necessary actions to ensure
that Data Providers make Dubai Data available in a clear and accurate manner,
and to minimise Data duplication and conflicts;
16.
regulate and monitor the work of
Private Entities working in the field of Poll Studies in the Emirate, and issue
the required Permits to these entities in accordance with the relevant adopted
rules and conditions;
17.
investigate, and take the necessary
actions and measures in respect of, the complaints filed against Data Providers
and any acts performed by them in breach of the provisions of the
above-mentioned Law No. (26) of 2015 and the resolutions issued in pursuance
thereof;
18.
promote the culture of Data and
Statistics, and raise the awareness of all segments of the society on the
importance of Data and Statistics;
19.
design and hold training courses and
workshops specialised in Data, Statistics, artificial intelligence
applications, advanced analytics, and Data science;
20. provide consultations to Government Entities, Private Entities, and
individuals on all matters related to Data, Statistics, artificial intelligence
applications, advanced analytics, and Data science;
21.
conduct studies and research, and
keep abreast of best practices and methodologies, in relation to Data,
Statistics, artificial intelligence applications, advanced analytics, and Data
science; and submit recommendations and proposals for benefiting from the
findings of these studies and research to the Director General to issue the
relevant directives as he deems appropriate;
22. coordinate with the DDA on the representation of the Emirate before
Government Entities and regional and international entities on all matters
related to Data, Statistics, artificial intelligence applications, advanced
analytics, and Data science; and participate in conferences, symposia,
projects, and programmes related to the same;
23. raise awareness of the importance of protecting personal and
confidential Data;
24. monitor, inspect, and record the acts committed in violation of the
legislation that the DDSE is assigned to enforce; and take the necessary action
in respect of violators in accordance with that legislation;
25. consider and determine the grievances submitted to the DDSE in respect
of any of the areas that are subject to its supervision; and
26. exercise any other duties or powers related to the achievement of the
objectives of the DDSE, as assigned to it by the Director General.
a.
The
executive body of DDSE will be comprised of the CEO and a number of
administrative and technical employees.
b.
The
rights and duties of the DDSE Employees will be determined pursuant to the
relevant human resources regulations adopted by the DDA.
a.
A
CEO will be appointed to the DDSE pursuant to a resolution of the Chairman of
the Executive Council.
b.
The
above-mentioned Law No. (8) of 2021 and the resolutions issued in pursuance
thereof will apply to the CEO.
a.
The
CEO will supervise the work and activities of the DDSE and manage its affairs.
The CEO will be directly responsible to the Director General for exercising the
duties and powers assigned to him under this Law, the resolutions issued in
pursuance hereof, and other legislation in force in the Emirate. In particular,
the CEO will have the duties and powers to:
1.
prepare the
general policy and the strategic, development, and operational plans of the
DDSE; submit the same to the Director General for approval; and follow up their
implementation;
2.
propose
the projects, programmes, and initiatives of the DDSE; submit the same to the Director General for approval, and follow up
their implementation;
3.
prepare the
draft annual budget and Financial Statements of the DDSE, and submit the same
to the Director General for approval;
4.
prepare
periodic reports on the performance of the DDSE,
and submit the same to the Director General to issue the relevant directives as
he deems appropriate;
5.
prepare
the organisational structure of the DDSE and present it to the Director General
for approval, in preparation for its submission
to the Competent Entities in the Emirate for final approval;
6.
draft
the bylaws and resolutions regulating the
administrative and technical work of the DDSE; and submit the same to the
Director General for approval;
7.
represent the
DDSE before third parties in coordination with the DDA;
8.
conclude
the contracts, agreements, and memoranda of understanding to which the DDSE is
a party, in accordance with the relevant delegation of authority matrix approved
by the Director General;
9.
propose
the fees and charges for the services
provided by the DDSE; and submit the same to the Director General for approval,
in preparation for their final approval by the Competent Entities in the
Emirate in accordance with legislation in force;
10.
supervise the
daily work of the executive body of the DDSE;
11.
form
permanent and temporary committees and work teams, and determine their
functions and terms of reference; and
12.
exercise any
other duties or powers assigned or delegated to him by the Director General, as
required to enable the DDSE to achieve its objectives and perform its
functions.
b.
The
CEO may delegate any of his duties under paragraph (a) of this Article to any
of the DDSE Employees, provided that such delegation is specific and in writing.
The financial resources of the DDSE will consist of:
1.
the
financial appropriations allocated to the DDSE in the budget of the DDA;
2.
the
fees and charges collected by the DDSE in return for the services it
provides; and
3.
any
other resources approved by Director General.
a.
For
the purpose of performing its functions under this Law, the DDSE may, as it
deems appropriate, seek the assistance of Government Entities, Private Entities, and
individuals.
b.
All
entities, individuals, and Data Providers must fully cooperate with the DDSE
and provide it with any Data or Statistics it requests, in accordance with the
relevant requirements, standards, and technical methods prescribed by the DDSE and
with a view to ensuring the accurate and effective flow of such Data and
Statistics. In addition, these entities, individuals, and Data Providers must
provide support and cooperate with the DDSE and its authorised representatives as
required for conducting counts, Statistical Surveys, and Poll Studies.
The DDSE will, in accordance with legislation in force in the
Emirate, disseminate Data and Statistics and the outcomes of counts,
Statistical Surveys, and Poll Studies, using digital or any other means. This does
not apply to personal or confidential Data and Statistics.
Personal Data or information obtained through
any Statistics, survey, count, or Poll Study is deemed confidential and may not
be disclosed or divulged to any individual or entity without a written authorisation of
its owner or a request of the competent judicial entities. Such Data or information
may not be disseminated for other than statistical purposes, relied on to
establish a tax burden, or used as evidence to prove a crime or as a basis for
any legal action. However, it may be used as evidence against any Person who
provides the DDSE with false Data or information.
a.
No
individual or Private Entity may conduct field or non-field Statistical Surveys
without first obtaining the relevant Permit from the DDSE.
b.
A
public entity may not conduct field Statistical Surveys without first obtaining
the relevant Permit from the DDSE, and must coordinate with the DDSE in case of
conducting non-field Statistical Surveys.
c.
The
Permits referred to in paragraphs (a) and (b) of this Article will be issued in
accordance with the relevant requirements and procedures adopted by the DDSE.
In return for issuing Permits and providing services
under this Law and the resolutions issued in pursuance hereof, the DDSE will collect
the fees prescribed by the relevant resolution of the Chairman of the Executive
Council.
Without prejudice to any stricter penalty
stipulated in any other legislation, the following will apply:
1.
Any
Person who breaches the confidentiality of any Data or Statistics; uses it for
other than its intended purposes; changes or adds to it; or sells, distributes,
prints, or disseminates such Data or Statistics without obtaining the authorisation referred to
in Article (13) of this Law, will be punished by imprisonment for up to six (6)
months or a fine not exceeding one hundred thousand dirhams (AED 100,000.00),
or by both penalties.
2.
Any
person who commits any of the following violations will be punished by
imprisonment for up to three (3) months or by a fine not exceeding fifty
thousand dirhams (AED 50,000.00), or by both penalties:
a. wilfully disrupting any statistical
work or count;
b. refusing to provide required Data,
or providing incorrect or false Data, in relation to any statistical work or count.
Any failure to provide the complete required Data within the time frame
prescribed by the DDSE is deemed refusal to provide that Data unless the delay
is proven to be due to a valid reason;
c. obtaining or attempting to obtain
confidential Data pertaining to any Statistics or count without being
authorised to do so by the DDSE;
d. knowingly disseminating, or causing the
dissemination of, incorrect Statistics or false outcomes of a count;
e. intentionally providing misleading
Data to any of the Employees assigned to conduct Statistical Surveys, Poll
Studies, or counts; or
f. conducting Statistical Surveys
without a Permit issued by the DDSE.
The Employees of the DDSE nominated pursuant to
a resolution of the Director General upon the recommendation of the CEO will
have the capacity of law enforcement officers to record the acts committed in
breach of the provisions of this Law and the resolutions issued in pursuance
hereof. For this purpose, they may issue the necessary violation reports; and,
where necessary, seek the assistance of police personnel.
As of the effective date of this Law:
1.
the Employees of the Dubai Data Establishment and
the Dubai Statistics Centre, and their financial appropriations, are hereby transferred
to the DDSE;
2.
the
DDSE hereby succeeds to all rights and obligations of the Dubai Data
Establishment and the Dubai Statistics Centre; and
3.
the
ownership of the real property, movables, assets, devices, equipment, and other property
of the Dubai Data Establishment and the Dubai Statistics Centre are hereby
transferred the DDSE.
The Director General will issue the resolutions
required for the implementation of the provisions of this Law.
a.
The
above-mentioned Law No. (28) of 2015 and Law No. (2) of 2016 are hereby
repealed. Any provision in any other legislation is also hereby repealed to the extent that it contradicts
the provisions of this Law.
b.
The
bylaws and resolutions issued in implementation of the above-mentioned Law No.
(28) of 2015 and Law No. (2) of 2016 will continue in force, to the extent that
they do not contradict this Law or any other legislation in force in the
Emirate, until new superseding bylaws and resolutions are issued.
This
Law comes into force on the day on which it is issued, and will be published in
the Official Gazette.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in
Dubai on 21 November 2023
Corresponding to 7 Jumada al-Ula 1445 A.H.
©2023 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.