Legal Protection of Consumer Data of a Personal Nature within the Framework of His Digital Banking Transactions
Analytical Study in UAE Legislation
DOI:
https://doi.org/10.35246/xm8z9h33Keywords:
Consumer, Data, -Digital Banking Transactions, Licensed Financial Institutions, Banking LegislationAbstract
The subject of legal protection of consumer data of a personal nature within the framework of his digital banking transactions constituted a very important subject in view of the digital transformation that modern banking life has witnessed, which produced a new type of contract represented in digital banking transactions, and this constituted a new challenge for banking legislation as well as consumer protection legislation. In addition the consumer personal data protection legislation. This study aims to demonstrate the extent to which modern banking legislation, modeled on the UAE legislator, has approved effective legal protection of consumer data of a personal nature in order to enhance his legal status and protect his privacy within the framework of his digital banking transactions, in a way that serves the development of these transactions and consumer protection. Considering that the UAE legislator subjects the protection of consumer data of a personal nature within the framework of his digital banking transactions to banking legislation as special provisions, this study raises questions about the reason for the UAE legislator adopting this approach and the justifications for that in light of the presence of provisions related to the protection of personal data. This study addressed the scope of protecting consumer data of a personal nature within the framework of their digital banking transactions and the controls for their use on the one hand, and on the other hand it addressed a statement of consumer rights in the field of using their banking data and the restrictions and violations associated with them.
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References
Books
I. Manish Agrawal Alex Campo: Translated by Dr. Jaafar bin Ahmed Al-Alwan, Information Security and Information Technology Risk Management, Institute of Public Administration, Kingdom of Saudi Arabia, 2018.
II. Suleiman Dhaifullah Mutlaq Al-Zein, banking operations carried out with digital bank cards and the responsibility of banks before the electronic consumer, Dar Al-Nahda Al-Arabiya, Cairo, 2016.
Legislation:
III. UAE Constitution 1971
IV. The Algerian Constitution of 2020
V. Federal Law No. 15 of 2020 regarding consumer protection in the UAE
VI. Federal Law No. (1) of 2006 regarding electronic transactions and commerce in the UAE is cancelled.
VII. Federal Law No. 46 of 2021 regarding electronic transactions and trust services for the UAE.
VIII. Federal Law No. (5) of 2012 regarding combating information technology crimes and its amendments for the UAE.
IX. Federal Law No. 6 of 2010 regarding credit information, amended by Federal Law No. 8 of 2020 for the UAE.
X. Federal Law No. 45 of 2021 regarding the protection of personal data in the UAE.
XI. Federal Law No. 14 dated 09/23/2018 regarding the Central Bank and the regulation of financial establishments and activities, amended by Law No. 1 dated 07/09/2020 and Law No. 25 dated 09/27/2020 for the UAE.
XII. Consumer Protection System No.: 8-2020 issued by the UAE Central Bank on 11/25/2020.
XIII. European Regulation No. 679/2016 issued on April 27, 2016 relating to the General Data Protection Regulation (RGPD).
XIV. Directive No. 680/2016 issued on April 27, 2016
XV. European Regulation No. 1807 issued on November 14, 2018 relating to the electronic processing of non-personal data.
XVI. European Directive No. 2019/1024 issued on June 20, 2019, relating to open data and the reuse of data for the benefit of the public sector.
XVII. European Regulation: 943-2016 issued on June 8, 2016 relating to business confidentiality.
XVIII. European Directive No.: 29-2005 issued on May 11, 2005 relating to unfair commercial practices.
XIX. The Automated Information and Freedoms Law of January 6, 1978, amended by the law issued on June 20, 2018.
XX. The amended and supplemented consumption law: Law: 2014-344 issued on March 17, 2014 Loi Hamon and Law: 2015-990 issued on August 6, 2015 relating to growth, activity and equal economic opportunities (or what is known as the Macron Law, and Order: 2016-301 On March 14, 2016.
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