Law No. (1) of 2021
Establishing the Dubai Digital Authority[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (8) of 2013
Concerning Human Resource Management of Directors General in the Government of
Dubai;
Law No. (11) of 2014
Establishing the Dubai Electronic Security Centre;
Law No. (26) of 2015
Regulating Data Dissemination and Exchange in the Emirate of Dubai;
Law No. (28) of 2015
Establishing the Dubai Statistics Centre;
Law No. (30) of 2015
Establishing the Smart Dubai Government Establishment;
Law No. (1) of 2016 Concerning
the Financial Regulations of the Government of Dubai;
Law (2) of 2016
Establishing the Dubai Data Establishment and its amendments;
Law No. (1) of 2020
Concerning the Smart Dubai Department;
Resolution No. (2) of
2017 Approving the Policies Document on Classification, Dissemination,
Exchange, and Protection of Data in the Emirate of Dubai; and
Resolution No. (15) of
2020 Forming the Board of Directors of the Dubai Electronic Security Centre,
Do hereby issue this Law.
This Law will be cited as “Law No. (1) of 2021
Establishing the Dubai Digital Authority”.
The following words and
expressions, wherever mentioned in this Law, will have the meaning indicated
opposite each of them unless the context implies otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The
Emirate of Dubai. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
Crown Prince: |
The
Crown Prince of the Emirate. |
|
Government: |
The
Government of Dubai. |
|
DDA: |
The
Dubai Digital Authority. |
|
Director General: |
The
director general of the DDA. |
|
Local Entity: |
Any
of the Government departments; public agencies and corporations; councils;
authorities, including the authorities supervising Special Development Zones
and free zones, such as the Dubai International Financial Centre; companies
owned by the Government or Government Entities, or in which the Government or
Government Entities hold shares; or other entities affiliated to the
Government. |
|
Affiliated Entities: |
The
Local Entities affiliated to the DDA pursuant to this Law. |
|
Smart and Digital
Transformation: |
All
means supporting the transformation of the Emirate into a smart
and digital city,
including technical
infrastructure; smart services and applications; smart Data platforms; and
information technology and Data protection policies and strategies. |
a.
Pursuant to this Law, a public authority named the “Dubai Digital
Authority” is established. The DDA will have legal personality and the legal
capacity required to undertake the acts and dispositions that ensure the
achievement of its objectives. The DDA will be affiliated to the Crown Prince.
b.
The name “Smart Dubai Department”, wherever mentioned in any
legislation in force in the Emirate, is hereby replaced by “Dubai Digital Authority”.
The head office of the
DDA will be located in the Emirate.
The DDA aims to:
1.
promote the Emirate as a digital hub and support its efforts towards achieving the Smart and Digital
Transformation;
2.
contribute to maintaining the high-quality digital services
provided to all members and segments of the community;
3.
create a safe digital environment aimed at protecting and monitoring the Data, Information Systems, and
telecommunication networks of all sectors in the Emirate;
4.
ensure the happiness and welfare of all members of the community
through the use of digital technologies;
5.
support decision makers for the purpose of formulating development
policies, developing plans, and measuring the strategic performance of the
Smart and Digital Transformation in the Emirate;
6.
contribute to the stimulation of economic growth in the Emirate
through facilitating the digital exchange of files and Data amongst Government
Entities and Private Entities;
7.
enhance the effectiveness and efficiency of Government performance
through enabling Government Entities to automate their work, activities, and
services;
8.
enhance public trust in digital and smart services; and
9.
protect,
Data,
telecommunication networks, and Information Systems in the Emirate.
a.
The DDA is the competent official entity in the Emirate that is exclusively authorised to represent the
Government and the
Local Entities
before federal and local entities in the UAE, and regional and
international organisations, in respect
of all matters
related to devising, approving, and
administering plans, policies, and strategies in respect of information technology, Data, Smart and
Digital Transformation, and Information Security. For these purposes, the DDA
will, without limitation, have the authority to:
1. devise, develop, and
standardise Data protection and Smart and Digital Transformation plans across
the Emirate;
2. coordinate and
consult with the competent entities in the Emirate and the private sector in
respect of establishing Data protection rules and standards;
3. provide opinion on
draft local and federal legislation and international treaties and conventions
regulating the security, confidentiality, integrity, and integration of
Government and personal Data, in coordination with the competent entities in
the Emirate;
4. monitor and audit Local Entities and evaluate their
performance in respect of the matters that fall within the jurisdiction of the DDA, and provide them with
guidance based on the observations resulting from the monitoring and audit processes; and
5. exercise the duties
and functions assigned to the Board of Directors of the Dubai Electronic
Security Centre under the above-mentioned Law No. (11) of 2014, the resolutions
issued in pursuance thereof, and the legislation in force in the Emirate.
b.
Effective as of the date on which this Law is issued, and for a
period of six (6) months, the Director General will have the duties to:
1. restructure, in
coordination with the competent entities in the Emirate, the duties and powers assigned
to the Smart Dubai Department under the above-mentioned Law No. (1) of 2020,
and the duties and powers assigned to the Affiliated Entities under the
legislation in force; and submit a final proposal of the DDA duties and functions to the Crown Prince for approval;
2. propose, in
coordination with the competent entities in the Emirate, a mechanism for managing the financial budgets allocated to the
Affiliated Entities, the employees working at these entities, and the
organisational units of which these entities are comprised, as set
forth in their respective organisational structures approved by the
competent authority in the Emirate; and submit the final proposal in this regard to the Crown Prince
for approval; and
3. review and analyse
the assets owned by the Affiliated Entities as of the effective date of this
Law for the purpose of determining the assets to be transferred to the DDA; and
submit a final proposal in this regard to the Crown Prince for approval.
a.
Effective
as of the date
this Law comes into force, the following Local Entities are hereby affiliated
to the DDA:
1. the Smart Dubai
Government Establishment;
2. the Dubai Data
Establishment;
3. the Dubai Electronic
Security Centre;
4. the Dubai Statistics
Centre; and
5. any other Local
Entity to be affiliated to the DDA pursuant to a resolution
issued by the Crown Prince.
b.
Without prejudice to the provisions of sub-paragraph (b)(1) of
Article (6) of this Law, an Affiliated Entity will retain the legal personality granted to it under the
legislation establishing it or regulating its work; and will exercise the
duties and powers assigned to it by such legislation
under the DDA supervision, provided that these duties and powers do not conflict with the
functions of the DDA.
a.
The executive body of the DDA will be comprised of the Director
General and a number of administrative, finance, and technical employees.
b.
The employees of the DDA and Affiliated Entities will continue to
be governed by the human resources legislation in force on the effective date
of this Law, until a new human resources
regulation is drafted by the DDA, in coordination with the competent entities
in the Emirate, and is approved pursuant to a resolution issued by the Crown
Prince.
a.
A Director General will be appointed to the DDA pursuant to a
decree of the Ruler.
b.
The employment rights of the Director General will be determined in
accordance with the above-mentioned Law No. (8) of 2013 and the resolutions
issued in pursuance thereof.
c.
The Director General will be directly responsible to the Crown
Prince for performing the duties assigned to him under this Law, the
resolutions issued in pursuance hereof, and the legislation in force in the
Emirate; and for performing any other duties assigned to him by the Ruler or
the Crown Prince.
a. The Director General
will supervise the work and activities of the DDA; manage its affairs; and
represent it in its relations with third parties. For these purposes, the
Director General will have the duties and powers to:
1. propose, in
consultation with the competent entities in the Emirate, the general policy and
strategic plans of the DDA as well as the Smart and
Digital Transformation plan; present the same to the Crown Prince for approval;
and follow up their implementation;
2. propose digital
government and Smart and Digital Transformation policies, strategies, and
initiatives; review the same in consultation with the competent entities in
the Emirate; and submit the same to the Crown Prince for approval;
3. approve the
initiatives, programmes, projects, studies, and recommendations that are related to the work and activities of the DDA,
and that contribute to the achievement of its objectives;
4. approve and review
the work plans and programmes of the DDA, and assess their applicability on an
annual basis;
5. prepare the draft
annual budget and financial statements of the DDA, and present the same to the
competent entities in the Emirate for approval;
6. submit periodic
reports to the Executive Council of the Emirate of Dubai on the implementation
of the Smart and Digital Transformation plan; on the approved general policies,
strategies, and initiatives; and on the performance indicators and programmes related to implementation of
the information
technology and Smart and Digital Transformation strategic plans of the Emirate; as well as annual performance reports on
the work and activities of the DDA;
7. supervise the daily
work and the employees of the DDA, and appoint the technical and administrative
staff required to perform the work of the DDA in accordance with the
legislation in force;
8. propose the
organisational structure of the DDA; present it to the competent entities in
the Emirate to
provide their opinion in accordance with the relevant adopted procedures; and submit the same to the Crown Prince for approval;
9. approve the bylaws
and resolutions regulating the administrative, financial, and technical work of
the DDA;
10. conclude the
contracts, agreements, and memoranda of understanding required for the
achievement of the DDA objectives and for enabling the DDA to perform its
duties and functions;
11. form specialised
permanent and temporary committees and work teams, and determine their duties
and powers; and
12. exercise any other
duties or powers required for the achievement of the DDA objectives and for enabling it to perform the duties and functions
assigned to it by the Ruler or the Crown Prince.
b. The Director General
may delegate any of his duties and powers under paragraph (a) of this Article
to any of the Executive Directors/CEOs at the DDA, provided that such
delegation is specific and in writing.
The financial resources
of the DDA will consist of:
1.
the financial appropriations allocated to the DDA in the General
Budget of the Government;
2.
fees and charges for the services provided by the DDA; and
3.
any other resources approved by the Crown Prince.
a.
In managing its accounts and records, the DDA will apply the rules
and principles of government accounting.
b.
The Financial Year of the DDA will commence on 1 January and will
end on 31 December of each Year.
a.
Local Entities must fully cooperate with the DDA and the Affiliated Entities; meet their
requirements; and provide them with the Data, information, documents, and
statistics they require and deem necessary for the achievement of their
objectives and exercise of their functions under this Law, the resolutions
issued in pursuance hereof, and the legislation in force in the Emirate.
b.
The DDA will inform the Local Entities of all the requirements and
conditions that must be observed in respect of Data, Smart and Digital
Transformation, and information technology. Where required, the DDA must submit
to the Crown Prince a detailed report on the level of cooperation of the Local
Entities in satisfying the relevant requirements and conditions prescribed by
the DDA.
The Crown Prince or his
authorised representative will issue the resolutions required for the
implementation of the provisions of this Law.
a.
The above-mentioned Law No. (1) of 2020 and Resolution No. (15) of
2020 are hereby repealed. Any provision in any other legislation will also be
repealed to the extent that it contradicts the provisions of this Law.
b.
The legislation issued in implementation of the above-mentioned Law
No. (1) of 2020 will continue in force, to the extent that they do not
contradict this Law and the legislation in force in the Emirate, until new
superseding legislation is issued.
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 3 March 2021
Corresponding to 19 Rajab 1442 A.H.
©2021 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.