Beware: Dh2 million fine for misusing VPN in UAE

He said: “I read that misusing VPN in the UAE can lead to a fine of up to Dh2 million. Does this also include using VoIP call services? I would really appreciate it if Gulf News could clarify the law in this regard.”

Gulf News raised the query with Raluca Gatina, Partner – Legal Director at Elnaggar and Partner, who noted that the new Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumours and Cybercrime does not explicitly ban the use of VPNs in the UAE.

"However, the Federal Decree-Law expands the scope of prohibited actions and adjusts penalties to address general concepts of undue benefit and facilitation through information networks and technology methods. These penalties can include fines and imprisonment, depending on the severity of the offense," she said.

Misusing VPN to commit a crime or prevent its discovery

"Article 10 of the Federal Decree-Law, states that manipulating the IP address of an information network, through any technology methods, with the intent to commit a crime or conceal evidence of a crime can result in provisional imprisonment and/or fines ranging from Dh500,000 to Dh2 million," she added.

Additionally, Article 50 of Federal Decree-Law specifies that individuals who improperly benefit from or facilitate access to blocked communication services or broadcasting channels, through information networks or technology methods, can face detention for no less than one year and/or fines ranging from Dh250,000 to Dh1 million.

"Furthermore, breaching security systems or illegally accessing information, through any technology methods, is prohibited under Articles 2-5 of the Federal Decree-Law. Penalties range from detention and fines of Dh100,000 to Dh500,000 , with harsher penalties for hacking state institutions or causing significant damage.

"Unauthorised use of any technology method, to access, acquire, or disclose personal, government, or confidential data, in violation of Articles 6-8 of the Federal Decree-Law, can result in imprisonment and fines ranging from Dh20,000 to Dh100,000, with stricter penalties for sensitive, financial, commercial and government information.

"Using a technology method to facilitate illegal activities like drug trafficking, human trafficking, child exploitation, or hate speech are considered a crime under Articles 31-39 of the Federal Decree-Law. Penalties for such activities range from detention and fines of Dh250,000 to Dh1 million," she said.

How to legally use VPN?

Gatina explained that VPN usage in the UAE is permitted if it adheres to the guidelines set forth by the Telecommunications and Digital Government Regulatory Authority (TDRA) and is used for legitimate purposes that do not violate any laws.

"The TDRA has clarified that there are no UAE laws restricting the use of VPNs by companies or institutions for internal network access, despite media reports to the contrary. While VPNs can be used legally for business purposes, misuse may lead to legal consequences," Gatina said.

Would the use of VoIP be considered as misuse of VPN?

“No, the use of VoIP is not considered a misuse of the VPN, if people are using government approved platforms,” Gatina said.

She added that using any unauthorised VoIP calling system is considered illegal in the UAE and would be considered a violation under the Federal Decree-Law.

Below is the list of VoIP applications that are currently allowed in the UAE.

Remote working and E-learning applications

Tele-health applications

“TDRA constantly reviews the permitted applications, due to which the list above is subject to change. Therefore, before using a VoIP platform, I would suggest checking if it is listed by the TDRA,” Gatina said.

The story was first published on August 22, 2021 and has been updated since.