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IT Law in Dubai

TME Legal

Digitalization opens up significant opportunities for companies, investors, family offices and private individuals, but also brings complex legal challenges. Anyone who acts digitally automatically moves in the sensitive area of IT and internet law.

From the design of digital contracts to questions about hosting and domains to copyright infringements in connection with images, texts, software, music or films – even small oversights can lead to warnings or costly cease-and-desist claims.

TME Legal provides comprehensive advice on all aspects of IT law. We develop tailor-made strategies that legally protect your digital presence and sustainably protect your company.

Our consulting services relating to IT and internet law in Dubai

Data protection law - building trust through legally compliant handling of data

Data protection is now far more than a legal obligation, but a decisive trust factor for customers, business partners and investors. With the introduction of the General Data Protection Regulation (GDPR), the European Union has created a set of rules that is regarded worldwide as the benchmark for the protection of personal data and is often also applied to companies outside the EU.

The United Arab Emirates has also focused on the protection of personal data and with the Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL) enacted a comprehensive data protection law that regulates the handling of personal data at national level and strengthens the rights of data subjects. In individual free trade zones such as the Dubai International Financial Centre (DIFC) or the Abu Dhabi Global Market (ADGM), there are also separate data protection regulations based on the GDPR.

In Dubai, a responsible approach to data is therefore crucial in order to avoid legal risks and ensure compliance with legal requirements. This applies in particular to the cross-border data transfer between the European Union and the UAE, which is subject to special requirements and must be carefully contractually and organizationally secured. Another focus is on employee data protection, which poses particular challenges both in the context of employment relationships and in the case of intra-group data flows. Our law firm supports you in implementing the relevant data protection provisions and ensures that the processing of personal data is legally compliant and builds trust.

Our services in data protection law:

  • Advice on the implementation of the GDPR and local data protection laws (including PDPL)
  • Creation and review of data protection guidelines and agreements
  • Implementation of security measures to protect personal data
  • Support in safeguarding the rights of data subjects (e.g. information, deletion, correction)
  • Advice on employee data protection and the processing of employee data
  • Support and safeguarding of cross-border data transfers between the EU and the UAE
  • Support in dealing with data protection breaches and data breaches, including reporting to supervisory authorities
  • Training of employees on data protection topics
  • Representation in data protection inquiries or complaints

Copyright in Dubai - protection for creative works and digital innovations

Whether software, databases, images, texts or music – copyright plays a central role in the digital environment. Companies in Dubai that develop software, use digital content or conduct business on the internet are regularly faced with the challenge of respecting the copyrights of others and at the same time ensuring the protection of their own works. This applies not only to technical applications, but also to marketing activities in the online area and to the use of content in social media, where images, videos and texts are often distributed without adequate rights verification.

Even seemingly minor violations, such as the use of unlicensed software or the publication of images and content without the corresponding consent or license, can have significant legal and economic consequences. According to the Federal Law No. 38 of 2021 on Copyright and Neighbouring Rights applicable in the United Arab Emirates, copyrights are comprehensively protected and legal violations are strictly sanctioned.

Our law firm supports you in identifying and avoiding copyright risks at an early stage, effectively protecting your own intangible assets and consistently enforcing your rights in the event of violations – be it in the area of software and databases or in the context of digital marketing strategies and social media activities.

Our services in copyright law:

  • Advice on the protection and licensing of software, databases and digital content
  • Creation and review of license and usage agreements
  • Enforcement of cease-and-desist and damage claims
  • Defense against unjustified warnings and demands
  • Legal advice on the use of platforms and digital media
  • Development of individual protection strategies for creative and digital works

Contract law in the IT sector - clear rules for digital business relationships

Whether software license agreement, Service Level Agreement (SLA) or outsourcing agreement – contracts in the IT sector define rights and obligations precisely and create security for both parties. Especially in a dynamic market like Dubai, where international business partners and innovative technologies meet, professional contract drafting is essential.

Our services in IT contract law:

  • Creation and review of software license agreements
  • Design and legal protection of SLAs
  • Advice on outsourcing, cloud and IT service agreements
  • Adaptation of international contract standards to the legal situation in Dubai
  • Support in contract negotiations and conflict resolution
  • Development of tailor-made contract strategies for IT companies and users

Compliance and IT security

Digital business models are associated with significant compliance and security requirements. Companies in Dubai must meet complex legal, technical and organizational standards to protect data, systems and business processes. This includes not only modern technologies, but also clear internal processes and regular audits.

Our services in IT compliance:

  • Advice on compliance with and harmonization of national and international IT and data protection laws
  • Support with the implementation of compliance management systems
  • Conducting and supporting IT compliance audits
  • Development of IT security guidelines and processes
  • Employee training on IT compliance and data security
  • Legal support in the event of security incidents and data breaches

 

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Our Expert Team

Clear answers

Frequently asked questions about
IT law

What do I have to consider in the event of a warning?

A warning often hits those affected unexpectedly and can quickly lead to considerable uncertainty. Any hasty decision or omitted action can have far-reaching legal consequences.

First of all, it must be checked whether the warning is justified in terms of content and law. If there is a justification, the challenged action should be stopped immediately. The deadlines to be observed are also of central importance, as failure to meet them can result in additional costs and legal disadvantages.

Particular caution is required when submitting a cease-and-desist declaration subject to a penalty, which regularly provides for a contractual penalty in the event of further violations. Such a declaration should only be submitted if it can be ensured that the challenged action can actually be omitted in the future. Whether a declaration is appropriate in terms of content and what further claims could be made against you should always be discussed with an experienced lawyer. Our law firm provides comprehensive advice, develops a well-founded strategy and consistently enforces your interests.

What rights do you have if you are affected by a copyright infringement on the internet?

If your works – be it software, texts, photographs, music or other digital content – are used without your consent, you do not have to accept this. Copyright law grants you comprehensive protection and opens up various possibilities to prevent legal violations and enforce claims.

Among other things, you can demand the immediate cessation of use, demand compensation for damages incurred or demand information about the extent to which your works have been used unlawfully. The elimination of the infringement, for example by removing images, texts or software, can also be asserted.

In addition, a cease-and-desist declaration subject to a penalty can be submitted, which provides for a contractual penalty in the event of further violations. Whether such a declaration is appropriate and how it can be designed in a legally secure manner should always be discussed in close consultation with an experienced lawyer. Our law firm provides comprehensive advice, develops a well-founded strategy and ensures that your rights are effectively protected.

What needs to be considered when drafting a software contract?

The contractual design in the area of software transfer and use requires a precise understanding of the underlying type of contract. Depending on the classification as a purchase agreement, rental agreement, work contract or lease agreement, different rights and obligations arise for the contracting parties.

Especially in IT law, it is of crucial importance to make clear regulations on usage rights, license models, support and maintenance services as well as liability. A clear contractual structure makes a significant contribution to avoiding legal uncertainties and excluding potential conflicts between the parties from the outset.

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