The trust Services legal framework for UAE is composed of The Federal Decree Law No. (46) of 2021, and the Cabinet Resolution No. (28) of 2023 and Resolutions further defining technical controls which will be issued by TDRA. The main goals of the Trust Services Framework are:
- Having a clear, attractive and regulated framework for electronic trust services.
- Positioning the UAE amongst the international scene as meeting the highest level of international standards and best practices.
- Build trust in electronic transactions by adopting and promoting trust services.
- Encouraging and facilitating the adoption of electronic transactions, of digital transformation, and of the provision of electronic services to the public.
- Developing appropriate conditions for the adoption of electronic identification, qualified and non-qualified trust services and trust service providers.
- Facilitating the mutual recognition with other countries and regions by setting a clear legal framework for trust services in both national and cross-border contexts.
- Providing the required certainty of implementations meeting the provisions laid down by the legal framework and securing investments while paying attention in providing a welcoming environment for trust service providers and not creating unnecessary barriers.
Federal Law by Decree No. (46) of 2021 on Electronic Transactions and Trust Services is a key enabler for secure electronic transactions in the UAE. The Federal Law is notably a key milestone towards creating a predictable regulatory environment for such transaction in the digital world. It helps business, citizens and public authorities carry out secure and seamless electronic interactions.
The Federal Law by Decree No. (46) of 2021 is further complemented by Cabinet Resolution No. (28) for 2023 on the Executive Regulations to create market for trust services by ensuring that they will work across UAE and have the same legal status as their traditional paper-based equivalents.
Cabinet Resolution No. (28) for 2023 on the Executive Regulations of Federal Law by Decree No. (46) of 2021 on Electronic Transactions and Trust Services provide further detailed requirements for the provision of trust services by trust service providers and in particular for the provision the following qualified trust services by qualified trust service providers:
- The issuance of qualified certificates for electronic signatures.
- The provision of qualified electronic signature creation device.
- The remote management of a qualified electronic signature creation device.
- The preservation of qualified electronic signatures.
- The validation of qualified electronic signatures.
- The issuance of qualified certificates for electronic seals.
- The provision of electronic seal creation device.
- The remote management of a qualified electronic seal creation device.
- The preservation of qualified electronic seals.
- The validation of qualified electronic seals.
- The creation of qualified electronic time stamps.
- The provision of qualified electronic delivery services.
Cabinet Resolution No. (28) for 2023 further clarifies
- The conditions to apply for a license to start providing trust service or qualified trust services, as well as the life cycle for such license including its acceptance, renewal, suspension and termination.
- The requirements for qualified trust service provider and for the provision of each type of qualified trust service.
- The legal effects of those qualified trust services.
Cabinet Resolution No. (28) for 2023 is in turn supported by additional resolutions further detailing the requirements applicable to:
- The technical controls, standards and procedures for the provision of trust services and qualified trust services.
- The certification and approval by TDRA of the qualified signature/seal creation devices
- The accreditation and approval by TDRA of the conformity assessment bodies assessing the conformity of the (qualified) trust service providers and the (qualified) trust services they provide or intend to provide with the applicable requirements of the UAE legal framework.
- The establishment, publication and maintenance of the UAE Trusted List by the TDRA.
- The Trust Mark for qualified trust services for its use by qualified trust service providers.
