Question: Can you explain the rules around using VPNs (virtual private networks) in the UAE? Are they legal? If yes, is there a list of VPNs that are to be used?
Answer: In the UAE, the use of VPNs may not be considered illegal if it is used as per the guidelines of the Telecommunications and Digital Government Regulatory Authority (TDRA). The TDRA stated on July 31, 2016, assuring businesses and the public that it is fully committed to the safety and the smooth flow of economic activities for UAE-based companies and institutions, highlighting that there are no regulations which prevent the use of VPN technology by companies, institutions and banks to access their internal networks through internet. However, the users may be held accountable, if it has been misused.
However, acts such as circumventing the information network to commit a crime using techniques to hide or disguise one’s true IP address, such as using someone else’s IP address, to either commit illegal activities or avoid detection, are considered a serious offence under the law, and those found guilty can face imprisonment and/or significant financial penalties. This is in accordance with Article 10 of Law No. 34 of 2021 Concerning Combatting Rumours and Cybercrimes, which states, “Shall be punished by imprisonment and a fine not less than Dh500,000 and not exceeding Dh2,000,000 or either of these two penalties, whoever frauded a computer network protocol address by using an address belonging to a third party or by any other means for the purpose of committing a crime or preventing its discovery.”
In addition, Clause 1.9 of the TDRA Regulatory Policy on Internet Access Management of 2017 defines the term ‘Prohibited Content Categories’ and the same has been detailed in Annex 1 of the TDRA Internet Access Regulations from time to time. The said Annex 1 of the TDRA Internet Access Regulations mentions various lists of Internet contents which are prohibited in the UAE.
“Clause 1
Bypassing and accessing blocked content:
This category includes Internet content that allows or helps users to access prohibited content including the proxy servers and Virtual Private Networks services (VPNs) that mainly allow access to the prohibited content on the Internet.”
“Clause 14
Illegal Communication Services:
This category includes Internet content that promotes or allows access to illegal communication services according to a regulation or decision by the competent authority.”
Based on the aforementioned, it clarifies that while VPNs are not outright banned, they should not be used to access or bypass blocked or prohibited content. VPN services that facilitate such access fall under the category of prohibited content and are regulated accordingly. However, there is no exclusive list of the VPNs that are approved. For further clarifications related to this matter, you may consult a legal practitioner in the UAE or TDRA.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.