The United Arab Emirates (UAE) has recently approved two (2) resolutions related to marketing via telephone calls (i.e. Cabinet Resolution No. 56 of 2024 regulating marketing via telephone calls and Cabinet Resolution No. 57 of 2024 concerning violations and administrative penalties) (Resolutions), which aim to protect consumers from unwanted marketing calls and ensure their comfort while avoiding violating their privacy.
The Resolutions were published on 28 June 2024 and will be enforced on 27 August 2024. The same will apply to all the companies formed and licensed in the UAE, including free zones.
Obligations of the Companies
The Resolutions introduce several obligations the UAE companies need to comply with when making marketing phone calls, which include, among others:
- Obtaining prior approval from the competent authority
- Providing comprehensive training to the marketers and using local numbers
- Not contacting consumers who have declared they do not want attend these types of calls
- Submitting periodic reports, as determined by the competent authority, concerning the marketing phone calls made
- Not using phone numbers that are not registered or owned by the company licensed in the UAE to make marketing phone calls
Controls of Marketing Phone Calls
In addition, the UAE companies shall perform marketing of products or services through phone calls, paying due care and sufficient attention to everything that would prevent consumers from experiencing any inconvenience, and comply with the highest standards of transparency, credibility and integrity, including the following:
- Avoid deception and providing misleading information when marketing a product or service
- Make the marketing phone calls only between 9am to 6pm
- Do not call the consumers back if they have not answered the call or ended the previous call, more than once a day and a maximum of twice a week;
- Ask the consumers if they want to continue with the phone call or not before starting to market, advertise or promote the product or service provided, etc.
Consumer Protection
The consumers now will have the right to register in the “Do not connect register” to suspend receiving marketing phone calls and may file a complaint with the relevant authority concerning unwanted marketing phone calls, including the following information:
- complainant name and phone number;
- name and phone number of the defendant; and
- any document supporting the complaint.
Penalties
The Cabinet Resolution No. 57 of 2024 imposes administrative penalties for violations of the above provisions, which may include warning, administrative fines, total or partial suspension of activity for a period not less than seven (7) days and not exceeding ninety (90) days, cancellation of a license and deletion from the commercial register, cutting communications services and removing the phone number.
This article has been written by the experts at OH LLP.
*It reflects the personal opinion of the law firm and does not constitute legal advice*
We at OHLLP understand that each client’s requirements are different and can provide you with dedicated and personalised legal opinion. Do not hesitate to contact us for further enquiries: info@ohllp.com
For more legal updates, follow us on LinkedIn