Consultation Response Document on TDRA Resolutions

2/14/2024

In light of the recent Consultation on TDRA resolutions for regulating Trust Services & E-transactions conducted on December 6, 2023, we are pleased to share the Consultation response document with you.

We express our sincere gratitude for your valuable contribution during the consultation process. Your insights and input have been instrumental in shaping our response.

Should you have any queries or require further clarification, please do not hesitate to contact us.

Thank you once again for your ongoing support and collaboration.

 

 

 

CAB Approval Application Form

12/26/2023

In regards to the Federal Decree Law No. (46) of 2021 on Electronic Transactions and Trust Services, repealing the previous Federal Law No. (1) of 2006 concerning e-commerce and e-transactions as of 2 January 2022, And the 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, And with regards to the TDRA Resolution on the rules and conditions regulating the work of conformity assessment bodies of 2023 on the rules and conditions regulating the work of conformity assessment bodies, And in regards the regularization period stated in article (50) of the Federal Decree Law No. (46) of 2021, extended pursuant to Cabinet Resolution No. (8) for 2023 on Extending the regularization period for those covered by the provisions of Federal Law by Decree No. (46) of 2021 on Electronic Transactions and Trust Services, and ending 2 January 2024.

The Telecommunications and Digital Government Regulatory Authority (TDRA) is pleased to invite interested Conformity Assessment Bodies (CABs) to notify TDRA with their intention to obtain / to apply for an approval from TDRA in accordance with the Federal Decree Law No. (46) of 2021, with the Cabinet Resolution No. (28) for 2023, and with the TDRA Resolution on the rules and conditions regulating the work of conformity assessment bodies of 2023.
Without prejudice of applicable UAE laws, eligible conformity assessment bodies are those that meet the following requirements:

  1. With regards to the assessment of the conformity of TSPs issuing (non-qualified) certificates for website authentication, transport layer security certificates and/or code signing certificates as a trust service with the requirements of the Law and of the provisions and standards prescribed by applicable resolutions of the Authority, in addition to the Conformity Assessment Bodies referred to in point (b) below, eligible bodies include WebTrust licensed international practitioners, that are duly licensed for conducting WebTrust for CA audits in the UAE.
  1. For all other types of TSPs and TS they provide and all types of QTSPs and the QTS they provide, conformity assessment bodies shall be accredited:
  • by a National Accreditation Body being a signatory, either directly or through a regional body, of the International Accreditation Forum (IAF) or International Laboratory Accreditation Cooperation (ILAC) Multilateral Agreement;
  • to [ISO/IEC 17065] supplemented by [ETSI EN 319 403-1];
  • for using an appropriate conformity certification scheme, which shall be established in accordance with [ISO/IEC 17067], in particular with its scheme type 6; and
  • either as competent to carry out conformity assessment and to provide conformity certification of Trust Service Providers and the Trust Services they provide and/or Qualified Trust Service Provider and the Qualified Trust Services they provide against the requirements of the UAE Law and of the provisions and standards prescribed by applicable Resolutions of the Authority.
  • or, as a transitional measure, as competent to carry out conformity assessment and to provide conformity certification of Trust Service Providers established outside the UAE and the Trust Services they provide and/or Qualified Trust Service Provider established outside the UAE and the Qualified Trust Services they provide against requirements that are equivalent to the requirements of the Law and of the provisions and standards prescribed by applicable Resolutions of the Authority.

Interested conformity assessment bodies are requested to use the CAB Approval Application form to apply for obtaining such an approval from TDRA.


 

Announcement to Certificate Service Providers (CSPs)

12/21/2023

Greetings from the Telecommunications and Digital Government Regulatory Authority (TDRA),

With reference to the workshops on the trust Services legal framework, composed of the Federal Decree Law No. (46) of 2021, and the Cabinet Resolution No. (28) of 2023, we are reaching out for updates on your compliance status. The deadline to meet with the requirements of these regulations is January 2, 2024. To accommodate your transition to the new regulations, we appreciate your support to:

  • Confirm if you intend to continue providing services in the UAE, as per the new regulations requirements.
  • Any challenges you are encountering to meet these requirements.
  • The additional period you may require to comply with the regulations.

Feedback is highly appreciated.


 

TDRA Decision on the approval of QSCD in the context of the UAE Trust Services Framework

12/18/2023 TDRA Resolution on the rules and conditions regulating the qualified signature/seal creation devices, their certification and approval, adopted pursuant to Article (21) of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services published on September 20, 2021, and pursuant to Articles (26) and (27) of Federal Executive Regulation No. (28) of 2023, is laying down the rules and conditions regulating the qualified signature creation devices and qualified seal creation devices, their certification and approval.

In order for devices to be eligible for use by (Q)TSPs or for provisioning by QTSPs as qualified signature/seal creation devices (QSCDs), the conformity of those devices with the requirements of the Resolution on the rules and conditions regulating the qualified signature/seal creation devices must be certified by TDRA-approved certification bodies, be further approved by TDRA and consequently be included in a register of TDRA-approved QSCDs.

In accordance with the Resolution on the rules and conditions regulating the qualified signature/seal creation devices, Article 7, paragraph 11, and considering the currently limited number of devices available on the market that meet the requirements set of in Article 2 of the Resolution on the rules and conditions regulating the qualified signature/seal creation devices, in particular those requirements applicable to the certification of the conformity of these devices with the Resolution on the rules and conditions regulating the qualified signature/seal creation devices, TDRA has decided to consider:

  • as pre-approved UAE QSCDs of Type I, i.e. devices held in an entirely but not necessarily exclusively user-managed environment, conformant to Article 2 of the Resolution on the rules and conditions regulating the qualified signature/seal creation devices: Devices that have been certified in accordance with ISO/IEC 15408, ISO/IEC 18045:2008, and CEN EN 419 211 or CEN EN 419 221-5; and
  • as pre-approved UAE QSCDs of Type II, i.e. devices where a QTSP manages the electronic signature/electronic seal creation data on behalf of a signatory, conformant to Article 2 of the Resolution on the rules and conditions regulating the qualified signature/seal creation devices: Devices that have been certified on the basis of a certification procedure based on a security evaluation process carried out in accordance with a process using comparable security level to the one(s) that would have been used to certify the device in accordance with ISO/IEC 15408, ISO/IEC 18045:2008, and CEN EN 419 241-2 (i.e. with the HSM being certified in accordance with CEN EN 419 221-5).

As a consequence, qualified signature devices and qualified seal creation devices that have a valid certification in accordance with the above and are listed in the list compiled by the European Commission and made available from https://eidas.ec.europa.eu/efda/browse/notification/qscd-sscd are considered as pre-approved UAE QSCDs and may be notified to the TDRA for their approval and inclusion in the register of approved UAE QSCDs.

Stakeholders, in particular CSPs, TSPs and QTSPs established in the UAE, are invited to inform TDRA about their intention to request a device to be approved by TDRA. Stakeholders are invited to submit their intention to request by no later than  25th December 2023 to be added to the initial approved QCDSs register. Requests their after will also be taken into consideration at a later stage. The intention to request must include:

  • The full references unambiguously identifying the device;
  • The certificate of conformity and the certification report in line with the above requirements;
  • The relevant information regarding the certification body having issued those certificate of conformity and certification report;
  • Where applicable, the confirmation of its appearance in the above-mentioned list of the European Commission;
  • Their intended use of such device, including whether it is meant to be used by the stakeholder, including as part of the provision of a (qualified) trust service, and/or provided as a qualified trust service.

TDRA shall review and validate the notified request for QSCD approval within a month from the submission date. In cases where more time is needed for the review, TDRA will inform the applicant of the additional time.

In case of positive validation, TDRA will update the register of approved QSCDs accordingly. TDRA may additionally update the register of approved Certification Bodies in accordance with the Resolution on the rules and conditions regulating the qualified signature/seal creation devices.


 

Consultation on TDRA CABs resolutions for Regulating Trust Services & E-transactions



12/6/2023

The current legislation of the United Arab Emirates (UAE), in particular the Federal Decree Law No. (46) of 2021 On Electronic Transactions and Trust Services [Law (46) 2021], its Executive Regulations No. (28) of 2023 [Bylaw (28) 2023], and the applicable Resolution on the technical controls for UAE trust, (hereafter collectively named as the UAE Trust Services Laws) provide a regulatory environment for a comprehensive set of electronic trust services establishing the trustworthiness of electronic signatures, electronic seals, electronic time stamps, electronic delivery services, etc.

In keeping with its values of collaboration and commitment, TDRA-UAE is sharing TDRA CABs resolutions for regulating Trust Services & E-transactions.


 

Consultation on TDRA resolutions for regulating Trust Services & E-transactions 

12/6/2023

In keeping with its values of collaboration and commitment, TDRA-UAE wishes to consult on TDRA resolutions for regulating Trust Services & E-transactions concerning the Federal Law by Decree No. (46) of 2021 on Electronic Transactions and Trust Services and its bylaw No. (28) of 2023.

This consultation is initiated in order to keep abreast of developments to better involve its partners and stakeholders.

The purpose of this consultation is to invite comments and responses to articles identified in these documents from all interested parties. Participants may provide their views on any other relevant aspects to the proposed texts in the shared resolutions, which the TDRA will then consider prior to making a final decision.

The comments, which are contained in any response to this consultation, should be clearly identified with respect to the specific Articles in this consultation to which such comments refer. Any comments, which are of a general nature and not in response to a particular article, should be clearly identified as such.

The final responses should be sent no later than Thursday 14th December 2023 12:00 pm (UAE time).  via E-mail (trust.services@tdra.gov.ae)

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