DIFC Law amendments enacted, reinforces alignment with leading global financial centres
Dubai, UAE; 08 March 2022: Dubai International Financial Centre (DIFC), the leading global financial centre in the Middle East, Africa and South Asia (MEASA) region, announced today that His Highness Sheikh Mohammed bin Rashid Al Maktoum, in his capacity as the Ruler of Dubai, has enacted the DIFC Laws Amendment Law, DIFC Law No. 2 of 2022 to incorporate amendments that keep the regulatory framework aligned with international best practice.
The enactment facilitates amendments to Data Protection Law of 2020, Insolvency Law of 2019 (and Insolvency Regulations), Electronic Transactions Law of 2017, Trust Law of 2018, Strata Title Law of 2007 and Common Reporting Standard Law of 2018, as well as to the rules of interpretation in various DIFC Laws.
Amendments to the Data Protection Law of 2020 and Insolvency Law of 2019 (and Insolvency Regulations) were subject to public consultation. Feedback from various stakeholders was valuable when shaping the amendments.
Data Protection Law
The amendments reflect DIFC’s commitment to maintain its position at the forefront of privacy legislation in the region. The amendments include clarifying the process for judicial redress for individuals, to align more closely with international best practice, especially in light of recent precedent-setting rulings in Europe regarding data subjects’ rights. They set out better accountability requirements for Controllers and Processors where individuals’ rights may be impacted where a request for access to data is considered vexatious or repetitive. Commission powers have also been refined regarding available information when rendering a direction or determination of contravention of the Data Protection Law and alignment has been made regarding the intention of DIFC Courts Law regarding the imposition and payment of court costs by DIFC Bodies.
Insolvency Law and Insolvency Regulations
Amendments to the Insolvency Law bring bonding requirements in line with current practices in the UAE and ensure consistency in the liquidator's reporting obligations in respect of the different types of liquidation procedures available under the Insolvency Law.
Electronic Transactions Law
The scope of the Law has been expanded by removing exclusions relating to electronic records, electronic contracts and electronic signatures being used in relation to the sale, purchase or long-term lease (for a term of more than 10 years) of real property. This change also aligns with DIFC’s commitment to the Dubai Government’s paperless strategy.
The definition of Ultimate Beneficial Owner has been amended under the Trust Law. This addresses a recommendation made by the Financial Action Task Force to clarify the definition.
Strata Title Law
The Amendment Law incorporates minor amendments to align certain definitions of the Strata Title Law with the respective definitions of Real Property Law of 2018, as well as correcting typographical errors.
Common Reporting Standard Law
Amendments ensure that DIFC’s common reporting standard (CSR) framework aligns with the federal CSR framework, as recently updated by Cabinet Resolution No. 93 of 2021, with the purpose of ultimately meeting the relevant standards issued by the Organisation for Economic Cooperation and Development (OECD). Key amendments include changes in the penalties framework, including the enforcement process, the right to appeal and the addition of new penalties, as well as other miscellaneous enhancements.
Rules of Interpretation
Updates have been made to clarify the definitions of “day” and “business day” in various DIFC Laws, following the Government’s decision to align the UAE working week and weekend with global markets.
The Amendment Laws can be accessed by visiting here.