The DIFC’s 20 year anniversary and the ADGM’s ongoing expansion into Al Reem Island are just two of the UAE’s many achievements that will globally showcase its ongoing ambition throughout 2024 and beyond.
Its agile ability to implement new legislation to respond to global needs, foster innovation, and support growth continues to attract investors, create opportunities, and demonstrate ongoing progress towards the country’s 2031 vision of becoming the global hub for the new economy.
To pick just one example, last year’s Global Financial Centres Index ranked Dubai and Abu Dhabi as the best performers in the Middle East, achieving 21st and 35th positions respectively out of a long list of 132 competing countries. More interestingly, both Emirates were recognised as centres likely to become even “more significant” in the next two to three years.
Such qualities are driving up the UAE’s rankings in various league tables, proving it to be a destination of choice for business and for individuals. When I moved to the UAE almost nine years ago from Nottingham in the UK, I was struck by the welcome and the support I received from the country and the community to help me settle in. With that in mind there are certainly a few things that I would share with any one of the thousands of new people joining the thriving business community in the UAE in the coming years from overseas.
Honour and reputation held in high esteem
What makes the UAE particularly unique to many is that it continues to advance its status as a business destination of choice, without compromising its culture and commitment to key legal protections. The importance afforded to the sanctity of privacy, family life, honour and reputation cannot be understated and those new to the region will benefit from investing the time needed to understand how these legal obligations are incorporated into daily life and business practices. I would advise anyone moving to the UAE to keep this front of mind to help build a new life with lasting relationships and success.
A right to confidentiality in financial services
The banking sector is an obvious example of where one might expect to see legal protections in the context of a customer’s right to confidentiality in action. Pursuant to Article 120 of Federal Law No. (14) of 2018 (“the Federal Banking Law”), all customer data and information is considered confidential in nature, and cannot be reviewed or disclosed unless any of the limited exceptions apply.
One of these exceptions includes circumstances in which the customer has given their written consent to the disclosure and/or use of information. However, when the customer is a consumer, the protections heighten as such consent needs to be informed and freely given in response to a request that is deemed clear using plain language. In a world where the global movement of data is often an essential part of trade, banks, and other businesses need to navigate these and other related obligations with care, particularly given that a breach is likely to give rise to criminal consequences.
Employee data
Another important consideration for businesses, no matter what their sector, is the use and movement of employee personal data, particularly when it is considered sensitive under any of the UAE’s data protection laws. Ensuring as an employer, you are clear on precisely when and how employee data can be processed is a critical part of doing business and of course a necessary ingredient to creating an environment of trust and confidence and a good governance culture.
Whilst the concept of ‘informed consent’ or other legally authorised exemptions for processing personal data are becoming internationally recognised concepts, the issues employers face when navigating the boundaries around employee information in the UAE can require particular care.
For example, during the Covid outbreak, many employers were faced with the difficulties associated with asking their employees to make disclosures about when they contracted Covid or suspected infections. Would a policy requiring the disclosure of this information present any challenges around the UAE’s commitment to the respect for the sanctity of an individual’s private life under the penal code? Would the widespread disclosure of this information amount to defamation under the penal code and other legislation?
The blurring lines between personal and professional devices
The use of personal electronic devices at work is another area where a clear understanding of the various legislative obligations and individual protections is key. As a country that embraces technology, the use of social media platforms to conduct business continues to grow. Consequently, in the absence of any clear employment policy, businesses may find that its employees blur the lines between their personal and work lives, and use their personal mobile devices to conduct work communications. This can create challenges when access to those communications is needed, either for internal risk management related reasons or because the company is facing a disclosure order or request, in the context of litigation or regulatory action.
The universal importance of respect
Learning more about the UAE’s culture has in turn encouraged me to learn even more about my own, often reflecting on my own personal journey from Nottingham to Dubai—two very different places in the world.
As the Dubai heat rises, like many other expatriates, I will be planning my summer reunions this year, excited by the thought of family BBQs and catch-ups with friends back home where the nights are light and the days are, (potentially), warm. Whilst always hectic, the visits never fail to leave me recharged as I enjoy the spirit of the people and beauty of the places that helped make me who I am, reconnecting with those closest to me and the uncelebrated charms of the British humour. The obsession with the weather, the dry British banter, the self-deprecating wit, and the importance of queuing are just some of the many unsung qualities of the nation that I so often miss.
In other ways, however, particularly when I spend time with my family, I increasingly see the similarities between the two countries I am now proud to call home. As the youngest child of parents who often struggled to make ends meet, I remember the importance of respect and integrity being instilled in me from a very early age. My proud dad and stoically optimistic mum rightly placed good manners, gratitude, and grace at the top of the family value priority list, promising me that they would help lay the foundation for a happy future ahead, where reputation more than mattered. Coupled with the grit and determination they displayed in times of strife and their unfailing confidence in my ability to succeed, I see again the striking similarities between my pre-Dubai and post-Nottingham lives.
Whilst the sun may not consistently shine this summer, I will enjoy every minute of my time back in Nottingham, thanking those around me for instilling in me the same respect for others and “can do” mentality that is so very visible in the ever flourishing and ambitious UAE.
Rebecca Copley is a partner and head of litigation and dispute management Middle East at Eversheds Sutherland, Dubai.
