Punishable by law?

Penalties for using Virtual Private Networks and other similar devices in the UAE increased in cyber security law amendment.

On July 22, the UAE President amended the law relating to the use of Virtual Private Networks (“VPNs”) and other similar devices in the UAE. VPNs allow internet users to connect to private online networks whilst hiding their physical location. VPNs are widely used in the UAE to access websites and applications that are blocked in the UAE and allow access to Voice over Internet Protocol (“VoIP”) applications such as Skype, Apple Facetime, WhatsApp and Viber.
The amended law has been passed pursuant to Federal Law No. 12/2016 amending Federal Decree-Law No. 5/2012 on Combating Cyber Crimes and states
“Whoever uses a fraudulent computer network protocol address by using a false address or a third-party address by any other means for the purpose of committing a crime or preventing its discovery, shall be punished by temporary imprisonment and a fine of no less than Dh500,000 and not exceeding AED2,000,000, or either of these two penalties”.
Contrary to many press reports, the underlying offence has existed since 2012 and remains unaltered by the recent amendment. In short, it is an offence to use a VPN or similar device where such use is for the purpose of committing or concealing a crime under UAE law. The amended law merely increases the minimum potential fine from AED150,000 to AED500,000 and the maximum potential fine from AED500,000 to AED2 million
Consequently, it remains perfectly legal for individuals and companies to use VPNs to gain access to internal networks through the internet, so long as the underlying use of the internet does not contravene UAE law. What might contravene UAE law remains a matter for discussion, but is likely to cover a broad range of actions and/or websites. It is therefore recommended that businesses and individuals err on the side of caution when dialling into their VPN programmes.

Commentary by Craig Shepherd (partner) and Nathan Hooper (senior associate), Herbert Smith Freehills LLP