Federal Decree by Law No. (14) of 2023 Concerning the Modern Technology-Based Trade (economy and business law)

Article (1) 
Definitions  
For the purpose of applying the provisions of this Decree -Law, the following words and 
expressions shall bear the meanings assigned thereto respectively, unless the context requires 
otherwise:  
The State  : The United Arab Emirates.  
The Ministry  : The Ministry of Economy.  
The Minister  : The Minister of Economy.  
CBUAE  : The Central Bank of the UAE.  
The Competent : Federal or local authorities in charge of issuing the approvals, licenses and  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  2 
 Authority  permits in accordance with applicable legislation.  
Modern 
Technology -
Based Trade  : The sale and purchase of goods, services and relevant data through 
technological platforms or modern technology, including, inter alia, the 
websites, e -platforms or smart applications, including the transactions 
carried out through electronic or digital commerce or social media 
platforms. This includes non -digital goods and services that are obtain ed 
physically or virtually through modern digital technology or technological 
platforms.  
Modern 
Technology  : Any technological platforms used for Modern Technology -Based Trade, 
whether electronic, digital, biometric, artificial intelligence technology, 
blockchain technology, or in technological platforms, whether by accessing 
websites or through smart application s.  
The Data  : Any data or information that can be stored, processed, created and 
transmitted by means of modern technology, such as letters, numbers, 
symbols, signatures, texts, images or sounds, in relation to the product, 
service, parties, payment proc esses or other matters.  
The Digital 
Identity  : A system or identification tool of modern technology that identifies the user 
and enables him to benefit from or carry out trade activities through 
Modern Technology.  
Digital Trader  : A natural or legal person who sells goods or services through modern 
technology.  
The Consumer  : Any natural or legal person who acquires goods or services by way of 
executing contractual arrangements with a digital trader through Modern 
Technology - with or without compensation - to satisfy his need or the need 
of other peo ple.   
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  3 
 Goods and 
Services  : The goods and services purchased through Modern Technology -Based 
Trade.  
Digital Contract  : An agreement between the digital trader and the consumer, and which 
documents the proposal and acceptance. It specifies the location, details, 
terms and conditions of the contract through Modern Technology, and 
includes the electronic contract, the smart c ontract and other contracts used 
through Modern Technology.  
 
Digital Signature  : A signature consisting of letters, numbers, symbols, voice, fingerprint or a 
processing system through Modern Technology, and which contributes to 
verifying a person's identity and sends a text message with letters and 
symbols and other technical verification methods to the e -mail and mobile 
phone.  
The Store  : The physical store and the virtual store.  
Physical Store  : Any store with a physical address in the State.  
Virtual Store  : A website, a platform or other means of modern technology that allows the 
digital trader to display or sell a good or service, provide or advertise a 
service or exchange its data through those websites, platforms or any other 
means of modern technology.  
Dispute  
Settlement 
Committee  
 : The committee formed in accordance with the provisions of Article [9] of 
this Decree -Law.  
 
 
 
  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  4

Article (2)  
Scope of Application  
1. The provisions of this Decree -Law shall apply to:  
a. Modern Technology -Based Trade and its activities and the means of modern 
technology used in relation thereto.  
b. Whoever carries out any activity in relation to Modern Technology -Based Trade 
inside the State or the goods received from outside, including Moder n Technology, 
logistical services and digital payment gateways to the extent that is related to 
Modern Technology -Based Trade.  
c. Free zones in any of the following two cases:  
1. Provide or sell goods and services purchased through Modern Technology 
outside the geographical scope of the free zone.  
2. The lack of legislation regulating Modern Technology -Based Trade in the free 
zone.  
d. Financial free zones in the event that any of clauses [i] or [ii] of clause [C] are fulfilled 
outside the scope of business and financia l services.  
2. The provisions of this Decree -Law shall not apply to any of the following:  
a. Government procurement.  
b. The data, platforms and smart applications used for purposes other than Modern 
Technology -Based Trade.  
c. Digital currencies designated for payme nt and trading purposes supervised by 
CBUAE.  
d. All transactions conducted by licensed financial institutions and insurance 
companies subject to the CBUAE's licensing and supervision regarding standards and 
requirements, consumer rights protection, dispute se ttlement, oversight and  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  5 
 inspection of such facilities and the imposition of administrative penalties thereon.

Article (3)  
Objectives of the Decree -Law  
This Decree -Law shall aim to achieve the following objectives:  
1. Achieve the State's strategic directions regarding digital transformation, develop Modern 
Technology -Based Trade and attract investments and skills.  
2. Develop the legislative and regulatory environment regarding Modern Technology -
Based Trade.  
3. Stimulate Modern Technology -Based Trade for g oods and services without 
differentiating between them and the goods provided through physical trade.  
4. Organize the relationships between the digital trader and the consumer, in order to 
achieve the following:  
a. Protect consumer's interests;  
b. Data protection;  
c. Protect intellectual property rights regarding goods or services purchased 
through Modern Technology;  
d. Provide adequate technical protections to enable the consumer to purchase 
goods and services safely through Modern Technology;  
e. Provide secure digital payment methods and channels, in accordance with the 
technical and regulatory standards and requirements approved or specified by 
the competent authority; and  
f. Achieve any other goals required by the nature of the relationship between the 
digital tr ader and the consumer.  
   
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  6

Article (4)  
Competencies of the Ministry  
For the purposes of applying the provisions of this Decree -Law, the Ministry shall perform the 
following functions:  
1. Propose and set a general policy regarding Modern Technology -Based Trade,  in 
coordination with the competent authority, in addition to supervising its 
implementation after obtaining the approval of the Cabinet.  
2. Issue terms and conditions to protect consumer interests in order to achieve the 
objectives of this Decree -Law.  
3. Coordinate with the competent authority regarding blocking any smart application, 
website or platform whenever any actions conflicting the provisions of this Decree -Law 
or affecting order or public morals.  
4. Coordinate with the competent authority regarding achieving tax compliance 
requirements and requirements of customs authorities and other relevant parties in this 
regard.  
5. The Ministry may delegate any of its powers stipulated in accordance with this Decree -
Law to any of the competent authorities.  
  
 
 
 
 
 
  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  7

Article (5)  
Standards and Requirements Regarding Modern Technology -Based Trade  
With regard to Modern Technology -Based Trade and those governed by its provisions, the 
following requirements and standards shall apply:  
1. Having the legal capacity.  
2. Fulfilling the legal, regulatory, professional and technical requirements and conditions, 
whenever they exist, in addition to obtaining the necessary approvals, permits and 
licenses from the competent authority, regarding Modern Technology -Based Trade, 
mod ern technology and the store.  
3. Providing a technically safe environment regarding the provision of trade services 
through Modern Technology and achieve the requirements and standards of electronic 
security, cybersecurity and anti -hacking specified by the co mpetent authority, in order to 
ensure safety for browsing and purchasing the goods or services by the consumer.  
4. Selling legally permitted goods or services, and never sell any goods or services that 
require special approvals from the competent authority th rough Modern Technology 
before obtaining the necessary approvals.  
5. Determining the terms, conditions and details of the multiple stages regarding the sale of 
goods and services through Modern Technology, including specifying the price of goods 
and services,  fees and prices for logistics services and digital payment services, in 
addition to making the same publicly available on the website, application or other 
Modern Technology for the digital trader and making the digital contract or terms and 
conditions av ailable in such regard if there is no digital contract, provided that the 
purchase of goods and services shall be deemed acceptance by the consumer of the 
digital contract or these terms and conditions.  
6. Fulfilling the conditions and requirements approved by the competent authorities  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  8 
 regarding promotional and marketing campaigns and exchanging consumer data in this 
regard.  
7. Refraining from dealing in a misleading manner or provide incorrect data that does not 
give the true description o f the good or service.  
8. Providing a detailed non -paper invoice through Modern Technology regarding the 
purchase of goods and services.  
9. Fulfilling the terms and conditions regarding competition protection specified by the 
competent authority.  
10. Developing a bu siness continuity plan in the event of any risks or crises for the proper 
and uninterrupted flow of work.  
11. Providing he Ministry or the competent authorities with any information and data they 
request.  
12. Any other standards and requirements determined by the Cabinet.

Article (6)  
Protection of Consumer Rights Regarding Modern Technology -Based Trade  
The consumer shall enjoy the following rights:  
1. Obtain goods and services purchased through Modern Technology, in accordance with 
the announced specifications, time, value and costs of specified logistics services, based 
on the digital contract or the announced terms and conditions.  
2. Get access to the goods or services and state their condition in a clear and clear 
description.  
3. Get access  to safe ways and methods regarding purchasing goods and services through 
Modern Technology and regarding payment methods with regard to the value of those 
goods and services.   
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  9 
 4. The option to receive or refuse to receive promotional or marketing campaigns, whether 
through communications, emails or social media platforms.  
5. Make a special field available to everyone with transparency that enables the evaluation 
of the experience of dealing with the digital trader. Valuation of goods, services, paymen t 
gateways and logistics.  
6. Submit complaints concerning the goods purchased through modern technology or with 
respect to any of its parties, whether they are digital traders or any other person.  
7. Designate numbers and means of communication regarding complai nts, which shall be 
always available without interruption with qualified staff, as well as a mechanism to 
follow up on the complaints and communicate with a clear address, in addition to 
updating the same periodically in a way that is easily accessible, wh ether through the 
website or through any other means or method  
8. Provide numbers and means of communication with the digital trader.  
9. Make the data available to the public regarding the digital trader license from the 
competent authority, its address, contact  numbers, details of its physical address and its 
website.  
10. Any of the other rights stipulated in the legislation in force in the State.

Article (7)  
Return of Goods and Services  
1.Taking into account the previous Article of this Decree -Law. The consumer has the right to 
return or request the replacement of goods and services purchased through modern 
technology, in any of the following cases:  
a. When the goods and services' purchaser conflicts with any of the legislation in force 
in the State.   
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  10 
 b. Receiv e the goods and services that are defective, incomplete, damaged or received 
in contrary to the stated description of the digital trader of the goods or services or 
regarding their condition or for any other reason that led to this before the 
consumer's re ceipt of the goods and services.  
c. Delayed receipt of goods and services, as a result of which it would not be possible to 
benefit from such goods or services.  
d. When the receipt of goods and services goes against the conditions and provisions 
specified in the  digital contract or the terms and conditions announced by the digital 
trader.  
e. Any of the other cases for which a decision is issued by the Minister.  
2. The right of the consumer to return the goods or recover the price referred to in the previous 
clause o f this Article shall be forfeited in any of the following cases:  
a. Use, unless the goods are used for the purpose of checking that there is no defect.  
b. Exceed the period specified or approved in the relevant legislation.  
c. When they are foodstuffs or consumables whose shelf life expires in a short period not 
exceeding [3] three weeks or from receiving the goods or services for which a decision is 
issued by the Minister.  
d. Books, movies or programs that may only be used viewed or listened to once.

Article (8)  
Consumer's Obligations  
The consumer shall comply with the following requirements:  
1. Purchase goods and services through legitimate modern technology.  
2. Not to be arbitrary in using his right not to accept or return the services or goods 
purchased from the digital trader in accordance with the provisions of this Decree -Law.   
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  11 
 3. Carry out the necessary care in reviewing the specifications of goods and services and 
the conditions and provisions of the announced digital contract . 
4. Pay the value of goods and services.

Article (9)  
Dispute Settlement  
The courts of the State or the Emirate shall be competent to resolve disputes arising from the 
application of the provisions of this Decree -Law in accordance with the laws in force in this 
regard, taking into account the following measures:  
1. Dispute Resolution Committee:  
a. The Ministry or the competent authority at the Emirate may, as the case may be, 
form a committee to settle disputes arising from the application of the provisions 
of this Decree -Law, while defining the dispute resolution mechanism. The 
decision to form the committee shall specify its competences and work system 
with regard to the decision -making.  
b. The Ministry may, when necessary and in order to achieve th e objectives of this 
Decree -Law and protect the interest of the consumer, form a committee to settle 
disputes between the entities subject to the provisions of this Decree -Law, in 
addition to determining specific competences therefor. In this regard, it ma y 
coordinate with the competent authority.  
2. Arbitration:  
a. Subject to Clause [1] of this Article, the provisions of this Decree -Law shall not 
prejudice any agreement regarding the referral of any dispute arising between its 
provisions to arbitration to settle  any dispute arising out thereof.  
b. Subject to the foregoing clause of this Article, without prejudice to the right of  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  12 
 those subject to the provisions of this Decree -Law to resort to arbitration under 
an arbitration agreement; a digital contract of less than  [50,000] fifty thousand 
dirhams may not include an arbitration clause.  
3. Once a party has resorted to arbitration after the Committee's decision is issued, the 
decision of the Committee in this regard shall not produce any effect and shall have no 
legal con sequences.

Article (10) 
 Data and Information  
1. The applicable legislation governing data protection in the State shall apply to consumer 
information and data and its description and ownership.  
2. The following criteria and requirements shall be followed for data and information. 
whether issued or approved by the competent authority: - 
a. Professional, regulatory, and technical criteria and requirements, including data 
quality, classification, flow and preservation, in addition, they may not be shar ed 
with any other person unless the same is legally justified or based on the prior 
approval of the consumer and in the manner that does not prejudice the legislation 
in force in the State.  
b. Professional, regulatory and technical criteria and requirements t o achieve data 
reliability and availability, security and protection of data and information, as well as 
other relevant requirements and criteria.  
c. The criteria and requirements for digital trader obligation and all those subject to the 
provisions of this D ecree -Law to ensure the data and information protection.  
d. The criteria and requirements regarding the protection and security of consumer 
information and data, in addition, the same may not be traded or made available  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  13 
 without his consent.  
e. The criteria and r equirements on the Modern Technology -Based Trade specified in 
Article [5] of this Decree -Law.

Article (11) 
 Insurance Coverage  
1. For the digital trader or entities that handle logistics and digital payment may provide 
insurance coverage for obligations arising with regard to Modern Technology -Based Trade, 
including logistics, digital payment methods, electronic fraud, hacking and other risks.  
2. In order to ensure the provision of insurance coverage, the Ministry may submit a 
recommendation after coordin ating with the competent authority on the conditions and 
provisions governing the details of such coverage, for approval by the Cabinet.  
3. The Cabinet may require the provision of insurance coverage for any of the services or 
activities related to Modern Technology -Based Trade, any of its parties or the modern 
technology through which the services are provided.

Article (12)  
Legal Liability  
Whoever is subject to the provisions of this Decree -Law shall be liable for its obligations.

Article (13) 
 Probative Value  
1. All activities and work related to Modern Technology -Based Trade shall have the same 
probative value vested in the traditional trade.  
2. The validity of the contract shall be subject to the terms and conditions specified in the  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  14 
 legislat ion in force in the State, as follows:  
a. Fulfillment of the capacity of contracting parties upon satisfying the requirements 
and conditions of the new digital identity through modern technology that enable 
the verification of the identity of contracting par ties.  
b. Fulfillment of the offer and acceptance and the contractual relationship executed 
upon satisfying the requirements of the digital identity and digital signature.

Article (14) 
 Logistics Services  
1. In order to fulfill its obligations regarding Modern Technology -Based Trade, the digital 
traders can provide logistics services such as storage, shipping, transportation and delivery 
services to the consumer directly or through any other licensed person in the State.  
2. Regarding the provisi on of logistics for the implementation of any phase of the Modern 
Technology -Based Trade, it is required to meet the conditions, requirements and provisions 
specified by the competent authority.  
3. No additional fees for logistics services may be imposed o n the consumer contrary to those 
specified and announced by the digital trader in the digital contract or the terms and 
conditions.

Article (15)  
Digital Payment Portals  
Digital payment channels and methods shall be subject to the following requireme nts, 
standards and requirements:  
1. Fulfillment of the obligations and requirements specified in Article [5].  
2. Availability of the services to the consumer in a simple and easy -to-access manner that is  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  15 
 consistent with the nature and flow of Modern Technology -Based Trade.  
3. Not to charge the consumer any additional fees for digital payment other than those 
specified and announced by the digital trader in the digital contract or the terms and 
conditions.  
4. Any other requirements for which a decision is is sued by the Cabinet upon the 
recommendation of the Ministry in coordination with the competent authority.

Article (16)  
Supervision and Control  
The Ministry and the competent authority shall, within their respective areas of competence, 
supervise and con trol the application of the provisions of this Decree -Law, and shall take legal 
action regarding acts committed in violation of its provisions.

Article (17)  
Capacity of Judicial Enforcement Officers  
1. The employees of the Ministry or of the competent authority, who are named under a 
decision of the Minister of Justice or the head of the local judicial authority in coordination 
with the Minister or the head of the competent authority, as the case may be, shall have the 
capacity of Judicial enf orcement officers, in order to detect the violations of the provisions of 
this Decree -Law, within their respective areas of competence. In this respect, they shall have 
the right to:  
a. Get access to and review the documents and papers to prove the actions co mmitted 
in breach of the provisions of this Decree -Law and the decisions issued in 
implementation hereof.  
b. Inspect and detect the violations and refer the same to the competent authorities for  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  16 
 investigation and trial.  
c. Seek the assistance of the competent se curity agencies whenever necessary.  
2. The digital trader and the consumer shall each cooperate with the judicial enforcement 
officers, and shall provide them with any data, information and documents necessary for 
performing their work and facilitating the ir tasks whenever required.

Article (18) 
 Coordination on the Supervision, Control and Roles of the Judicial 
Enforcement Officers  
Subject to the objectives of this Decree -Law and the competencies of supervision and control 
and the roles of the Judicial e nforcement officers, the Ministry shall coordinate with the 
competent authorities to establish a technical system on supervision, control and roles of the 
judicial enforcement officers in order to achieve the objectives of this Decree -Law and to 
enable all  competent authorities to exercise their aforementioned competencies and 
coordinate among themselves in accordance with the conditions, provisions and controls 
governing the same based on a resolution of the Cabinet.

Article (19)  
Administrative Penalties  
1. The Ministry shall, in coordination with the competent authority, draw up regulations on 
the violations and administrative penalties for the acts committed in breach of the provisions 
of this Decree -Law, and the same shall be is sued under a resolution of the Cabinet.  
2. The Ministry and the competent authority shall, according to their respective areas of 
competence, impose the appropriate penalty.  
3. The imposition of the violations and administrative penalties referred to in Clause [1] of  
Federal Decree by Law of 2023 Concerning the Modern Technology -Based Trade  17 
 this Article shall not prejudice the penalties or sanctions prescribed in any other laws.

Article (20)  
Regulatory and Executive Resolutions  
1. The Cabinet shall, based upon the proposal of the Minister and in coordination with the 
com petent authorities, issue the regulatory resolutions necessary to apply the provisions of 
this Decree -Law.  
2. Without prejudice to the competencies of the Cabinet set forth in this Decree -Law, the 
Minister shall issue the necessary resolutions for applying  the provisions of this Decree -Law.

Article (21) 
 Publication and Entry into Force  
This Decree shall be published in the Official Gazette and shall enter into force as of the day 
following the date of its publication.  
  
Mohamed Bin Zayed Al Nahyan  
President of the UAE  
Issued at the Presidential Palace - Abu Dhabi  
Date: Safar 18, 1445 AH  
Corresponding to: September 04, 2023 AD