Law (2) of 2016
Establishing the
Dubai Data Establishment[1]
ـــــــــــــــــــــــــــ
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.
This Law will be cited as “Law No. (2)
of 2016 Establishing the Dubai Data 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:
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.