Law No. (2) of 2020
Amending Law No. (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. (3) of 2003 Establishing the Executive
Council of the Emirate 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. (2) of 2016 Establishing the Dubai Data
Establishment (the “Original Law”);
Law No. (8) of 2018 Concerning Management of the
Government of Dubai Human Resources; and
Law No. (1) of 2020 Concerning the Smart Dubai Department,
Do hereby issue this Law.
Articles (2), (7), (9), (10), (11), (12), and (14)
of the Original Law are hereby superseded by the following:
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. |
Ruler: |
His Highness the Ruler of Dubai. |
Government: |
The Government of Dubai. |
Executive Council: |
The Executive Council of the Emirate of Dubai. |
Law: |
Law No. (26) of 2015 Regulating Data Dissemination
and Exchange in the Emirate of Dubai. |
SDD: |
The Smart Dubai Department. |
DESC: |
The Dubai Electronic Security Centre. |
DDE: |
The Dubai Data Establishment. |
Director General: |
The director general of the SDD. |
CEO: |
The chief executive officer of the DDE. |
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. |
Data Providers: |
The Government Entities and the Persons determined
by the DDE. |
Government Entity: |
This includes any of the Federal Government Entities
or Local Government Entities. |
Federal Government Entity: |
Any of the ministries, public agencies and
corporations, or similar entities affiliated to the Federal Government. |
Local Government Entity: |
Any of the departments, public agencies and
corporations, councils, authorities, or other entities affiliated to the
Government, including the authorities supervising Special Development Zones
and free zones. |
a.
The
Director General will supervise the work of the DDE, and ensure that it
exercises the functions assigned to it under the Law, the resolutions issued in
pursuance thereof, and the legislation in force in the Emirate. In particular,
the Director General will have the duties and powers to:
1.
approve, and supervise the implementation of, the
general policy and strategic and operational plans of the DDE;
2.
approve the organisational structure, draft annual
budget, and financial statements of the DDE; and submit the same to the
competent entities in the Emirate for final approval;
3.
approve the projects, programmes, and initiatives
of the DDE;
4.
approve the legislation required for enabling the
DDE to achieve its objectives, and submit the same to competent entities in
accordance with the relevant procedures adopted by these entities;
5.
approve the resolutions and bylaws regulating the
administrative, financial, and technical work of the DDE;
6.
appoint financial auditors, and experts and
specialists in the areas related to the activities of the DDE; and determine
their remuneration;
7.
approve fees and charges for the services provided
by the DDE, and submit the same to the competent entities in the Emirate for
final approval;
8.
approve partnership projects with Government
Entities and the private sector, and attract sponsors to fund the programmes,
initiatives, and projects implemented by the DDE;
9.
form permanent and temporary committees and work
teams, and determine their functions and terms of reference;
10. approve
the annual report of the DDE, and submit the same to the Executive Council; and
11. exercise
any other duties or powers assigned to him by the Executive Council.
b.
The
Director General may delegate any of his duties and powers under paragraph (a)
of this Article to the CEO, provided that such delegation is specific and in
writing.
a. The DDE will have an executive body comprised of
the CEO and a number of administrative, finance, and technical Employees.
b. The executive body will be responsible for the
operational work of the DDE, and for following up the implementation of the
resolutions issued by the Director General.
c. Employees of the DDE will be governed by Law No.
(8) of 2018 Concerning Management of the Government of Dubai Human Resources or
any superseding legislation.
a.
The CEO
will be appointed by a resolution of the Chairman of the Executive Council.
b.
The CEO
will be responsible to the Director General for performing the duties assigned
to him under this Law and the resolutions issued in pursuance hereof.
c.
The CEO
will have the duties and powers to:
1.
propose the general policy and the strategic,
development, and operational plans of the DDE; and submit the same to the
Director General for approval;
2.
implement the adopted general policy, and the strategic
and operational plans, of the DDE; and the resolutions issued by the Director
General;
3.
prepare the draft annual budget and financial
statements of the DDE, and submit the same to the Director General for
approval;
4.
prepare the organisational structure of the DDE,
and submit the same to the Director General for approval;
5.
propose the resolutions and bylaws regulating the
financial, administrative, and technical work of the DDE; and submit the same
to the Director General for approval;
6.
supervise the daily work of the DDE executive
body, issue human resources resolutions, and appoint competent and specialised Employees,
in accordance with the legislation in force;
7.
propose the projects, programmes, and initiatives
of the DDE; submit the same to the Director General for approval; and follow up
the implementation of these projects, programmes, and initiatives;
8.
prepare the annual report on the achievements and
activities of the DDE, and submit the same to the Director General for
approval;
9.
represent the DDE before third parties; and
conclude the contracts, agreements, and memoranda of understanding required for
the achievement of the objectives of the DDE;
10. achieve
the performance outcomes required from the DDE executive body, and submit
performance reports to the Director General;
11. propose
fees and charges for the services provided by the DDE, and submit the same to
the Director General for approval; and
12. exercise
any other duties or powers assigned or delegated to him by the Director
General.
The financial resources of the DDE will consist
of:
1.
financial
support allocated to the DDE in the annual budget of the SDD;
2.
fees and
charges collected by the DDE in return for its services;
3.
any
other resources secured by the DDE through performing its activities and
providing its services; and
4.
any
other resources approved by the Chairman of the Executive Council.
a.
In
regulating its accounts and records, the DDE will apply the rules and
principles of government accounting.
b.
The
Financial Year of the DDE will commence on 1 January and will end on 31
December of each year.
With the exception of the resolutions which the
Director General is authorised to issue under this Law, the Chairman of the
Executive Council will issue the resolutions required for implementing the
provisions of this Law.
Article (8) of the Original Law is hereby
repealed. Any provision in any other legislation will also be repealed to the
extent that it contradicts the provisions of this Law.
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 7 January 2020
Corresponding to 12 Jumada al-Ula 1441
A.H.
©2020 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.