Executive Regulation No. (28) of 2023 is the Executive regulations of Federal Decree Law No. 46 of 2021 regarding electronic transactions and trust services. The Executive regulation No. (28) defines the Trust Service Providers and Qualified Trust Service Providers licensing process, roles, and responsibilities. It also defines the high-level requirements for providing Trust Services and Qualified Trust Services in UAE.

The Federal Decree Law No.46 of 2021 on Electronic Transaction and Trust Services in the internal market and repealing Cabinet Decision 8/291 of 2006 establishes a clear, attractive but regulated legal framework for electronic trust services, the conditions under which Trust Services can be legally recognized in the country. The Decree law defines the rules for provisioning Trust Services in the country, such as, electronic signatures, electronic seals, electronic time stamps, electronic documents, certified electronic delivery services and certificate services for website authentication.

The executive regulations detailing the requirements for Trust Service Providers (TSPs) and the Trust Services they provide and the Qualified Trust Service Providers (QTSPs) and the Qualified Trust Services they provide are currently available in our documents page.

The Trust Services regulatory framework for Trust Services is composed of The Federal Decree Law No. (46) of 2021, and the Cabinet Resolution No. (28) of 2023 and Resolutions further defining technical controls.

The Cabinet Resolution No. (28) of 2023 defines the process for licensing TSPs and Both TSPs and QTSPs must submit a licensing application to TDRA and obtain a license before they can provide (Qualified) Trust Services in UAE.

The trust services website provides all required information regarding the regulatory framework, technical standards, application, licensing, and supervision of trust services in UAE. The website also includes the guidelines for the licensing process.

Potential (Q) TSPs must demonstrate to TDRA that they are capable of managing a (Q) Trust Services environment. The application requirements are defined in the bylaw.
The technical requirements for TSPs and QTSPs are available as a resolution in the technical controls document.

Both TSPs and QTSPs must submit a conformity Assessment Report (CAR) issued by a Conformity Assessment Body (CAB) at the time of application for license and every time the TSP or QTSP applies for license renewal. Other ad hoc audits can be requested by TDRA.

TSPs and CABs can refer to “Resolution on the rules and conditions regulating the work of conformity assessment bodies” for detailed CAR requirements.

The requirements for CABs are defined in Resolution on the rules and conditions regulating the work of conformity assessment bodies, adopted pursuant to paragraph 4 of Article (4) of Federal Decree-Law No. (46) of 2021 on Electronic Transactions and Trust Services, and pursuant to Article (33) of Federal Executive Regulation No. (28) of 2023.

You can find the list of Authorized CABs on TDRA website.

The requirements for QSCDs are defined in 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, and pursuant to Articles (26) and (27) of Federal Executive Regulation No. (28) of 2023.

You can find the list of approved QSCDs on TDRA website.
UAE Trusted List is the anchor of trust in the country and both TSPs and QTSPs and the services they provide will be added to the List. The Cabinet Resolution No. (28) of 2023 defines the requirements for UAE TL and UAE Trust Mark.

The “UAE Trust Mark” allows only Qualified Trust Service Providers, on a voluntary basis, to the Trust Mark to brand and promote the quality and trustworthiness of the Qualified Trust Service it provides. It is key to note that such a mark is not just another quality logo without any trust foundation.

The UAE Trust Services regulatory framework explicitly set up a consistent set of quality/security requirements and obligations for Qualified Trust Service Providers and Qualified Trust Services they provide, aiming to enhance the trust of consumers, enterprises, and public entities in the digitalized market and to promote the use of Qualified Trust Service and related products in the country.
Licensed (Q)TSP in UAE must be commercially establish in the country. The location of hosting the services will be considered on a case-by-case basis.
The regulatory framework for organizing the work of Trust Services will be effective starting January 1, 2024.
UAE Federal Executive Regulation No. (28) of 2023 defines the requirements for potential TSPS in terms of size, organization, and administrative requirements for potential (Q)TSPs.
TDRA has plans to establish Mutual Recognition agreements with other countries/regions that have similar regulatory frameworks. More information about Mutual Recognition agreements will are provided under Mutual Recognition section of Trust Services of TDRA website.
Mutual Recognition agreements mean that UAE will legally recognize electronic signatures and other Trust Services provided by (Q)TSPs licensed in that Country/Region. But this does not allow the (Q)TSPs to provide services in UAE. Providing the services in UAE requires an authorization and the (Q)TSP must be commercially registered in UAE.

The current CSPs licenses will expire on January 2, 2024. After this date the CSPs need to apply for new licenses under the new regulatory framework.

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Last updated :

23/01/2024 23:01

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