Law No. (2) of 2020

Amending Law No. (2) of 2016

Establishing the Dubai Data Establishment^{^[1]}

ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ

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.

Superseded Articles

Article (1)

Articles (2), (7), (9), (10), (11), (12), and (14) of the Original Law are hereby superseded by the following:

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:

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.

Functions of the Director General

Article (7)

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.

Executive Body of the DDE

Article (9)

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.

CEO of the DDE

Article (10)

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.

Financial Resources of the DDE

Article (11)

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.

Budget and Accounts of the DDE

Article (12)

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.

Issuing Implementing Resolutions

Article (14)

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.

Repeals

Article (2)

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.

Commencement and Publication

Article (3)

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.

[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.