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What is the legal age of adulthood/ majority in your jurisdiction? Are all persons below this age considered a child/ minor?
18 or 21
The UAE’s Federal Law No. 3 of 2016 On Child Rights (also known as Wadeema’s Law) provides that a child is every human being born alive and who is under 18 years old. This would seem to be the relevant age for child protection type considerations.
The age of majority is 21 years under the Civil Code. This is also confirmed in Federal Law No. 5 On the Civil Transactions Law which states a person will be considered of full age if he/she completes 21 lunar years. This would be relevant in terms of contractual capacity-type considerations.
Has the UNCRC been directly incorporated into national law in your jurisdiction?
No.
The UAE ratified the UNCRC in 1997, with four reservations, which concern (1) nationality; (2) freedom of thought, conscience and religion; (3) access to mass media; and (4) child protection. Additionally, as at the date of this review, the UAE has not acceded to any of the optional protocols to the UNCRC, however, it has reinforced its commitment to upholding and protecting children’s rights with legislation that empowers children to grow and develop their full capabilities. The cornerstone is the Federal Law No. 3 of 2016 On Child Rights (Wadeema's Law), introduced in 2016, which is a comprehensive child protection law that marked a milestone in the UAE's legislative history.
(Wadeema’s law, in line with UNCRC, stresses that all children must be provided with stable living conditions, access to health services, education, equal opportunities and essential services and facilities, without any kind of discrimination. The law advocates for the establishment of clear child protection mechanisms, which includes the creation of child protection units staffed with specialists who have the capacity of a judicial officer and can intervene as per regulations and laws in situations threatening a child's health or safety.)
Is there an ombudsperson/ commissioner for children in your jurisdiction?
No.
There is no ombudsman / commissioner for children as such; however, the UAE government has established a number of national bodies aimed at supporting the rights of children in various sectors:
- Supreme Council for Motherhood and Childhood – implements policies, strategies and standards related to the protection and development of children in the UAE.
- Emirati Children’s Parliament – ensures children’s voices are heard and young people can actively participate in decision-making.
- Children’s Advisory Council – platform for children to voice their needs, challenges and visions for the future.
- Ministry of Interior – established a Child Protection Centre, for advocacy, capacity-building, operations and policymaking to improve child safety worldwide.
If there is an ombudsperson/ commissioner for children in your jurisdiction, do they have any responsibility for upholding children’s rights in the digital world or does the relevant regulator have sole competence?
No.
The responsibility for upholding children’s rights in the digital world does not rest with one authority. For example, the Ministry of Interior and the National Programme for Happiness and Wellbeing launched the ‘Child Digital Safety’ initiative in March 2018, in a joint effort to raise awareness among children and school students about online threats and challenges and promote a safe and constructive use of the internet. This means no single regulator has sole competence for upholding children’s rights in the digital world in the UAE.
Is there any standalone requirement to collect the consent of one or both parents when processing a child’s personal data (irrespective of any other obligations, e.g. the requirement to have a legal basis for processing)?
No.
The Personal Data Protection Law (PDPL) is the relevant law of general application to the processing of personal data of individuals. There is no specific provision regulating the processing of a minor’s data or parental consent. However, as a general requirement, consent should be obtained from the parent/legal guardian in order to be relied on in the local courts. (The Executive Regulations to the PDPL have not yet been issued, and this has a practical impact in terms of the effectiveness of the PDPL itself. We cannot rule out the possibility that specifics relating to children’s data processing could be introduced in the Executive Regulations.)
(For completeness, we mention that there are separate data protection regimes applicable to certain financial services free zones in the UAE; for present purposes we do not consider them relevant.)
At what age can children legally consent to the processing of their own personal data, such that parental permission/ consent is not required?
21 would seem to be the appropriate age for minors to be able to grant valid consent.
Are there specific requirements in relation to collection and/or verification of parental consent/ permission concerning the processing of a child’s personal data?
No.
There are no specific requirements in relation to collection and/or verification of parental consent/ permission concerning the processing of a child’s personal data.
Are there any particular information or transparency requirements concerning the processing of children’s personal data?
No.
The transparency requirements under the Personal Data Protection Law relate to processing of personal data generally; they do not specifically relate to the processing of children’s personal data. As a general rule, processing must be carried out in a fair, transparent and lawful manner. While there are no strict requirements, we would recommend using clear and plain language when providing information to children. The communication style and format should be child-appropriate and, as far as possible addressed directly to the relevant age group.
Can children directly exercise their rights in relation to their personal data without the involvement of their parents?
No.
This is not specifically addressed in the UAE.
Can children make complaints on their own behalf directly to your national data protection/ privacy regulator(s)?
No.
This is not specifically addressed in the UAE. (For completeness, we mention that the Data Office, which will act as the data protection regulator in the UAE, has not yet been set up.)
Are there any particular requirements/ prohibitions related to:
a. processing specific types of children’s personal data;
b. carrying out specific processing activities involving children’s personal data; and/ or
c. using children’s personal data for specific purposes.
No.
There are no particular requirements or prohibitions related to children’s personal data in the Personal Data Protection Law.
Has there been any enforcement action by your national data protection/ privacy regulator(s) concerning the processing of children’s personal data? In your answer, please include information on the volume, nature and severity of sanctions.
No.
There are no enforcement examples as the Data Office is not yet operational. (Please note that future enforcement decisions may not be publicly available, making it very difficult to extract clear statements of principle from previous examples. It remains to be seen whether the Data Office will publish its enforcement decisions going forward or keep them private which is standard market practice in the region with regards to other regulators.)
Are there specific rules concerning electronic direct marketing to children?
No.
There are no specific rules concerning electronic direct marketing aimed at children from a data protection perspective. Under the Personal Data Protection Law (PDPL), there is a general requirement that a data subject’s consent be obtained before a controller can engage in any processing, including direct marketing activities via calling, e-mailing, or texting consumers. This position is echoed in the Consumer Protection Law.
Under the PDPL, there is no alternative legal basis that can be relied upon to serve marketing, even where an existing relationship exists. As well as the right to withdraw their consent at any time, the PDPL provides data subjects with an express right to object to and suspend any processing of their personal data carried out for direct marketing purposes. However, the Consumer Protection Law establishes the default position that companies are not permitted to use consumer personal data for promotion and marketing purposes without prior collection of the consumer's consent. Please note the above is the general position relating to direct marketing; there are no specific rules concerning marketing aimed at children.
From a consumer protection perspective, the Federal Law No. 15 of 2020 on Consumer Protection (as amended in 2023) protects the privacy and security of any personal data by protecting the right of the consumer such that it may not be used for promotional and marketing purposes. This provision is not specifically tailored to children, although it would extend to the data of consumers who are children.
Are there specific rules concerning the use of adtech tracking technologies, profiling and/or online targeted advertising to children?
No.
There are no specific rules concerning the use of AdTech tracking technologies, profiling and/or online targeted advertising to children.
The Federal Decree Law No. 34 of 2021 on Combatting Rumours and Cybercrimes defines a ‘child’ as every person under the age of 18 calendar years and provides for some general prohibitions relating to online content, and these could extend to advertising targeting children (e.g. using an information network to tempt third parties to commit immoral acts) although this would not seem to be the focus of the drafters of the law (per the Federal Law No 5 of 2012 on Combatting Cybercrimes and the Telecommunications Regulatory Authority Policy on Internet Content). As a general point, it is important to note that Islamic law is a main source of the UAE legal system and therefore any form of online advertising must adhere to the Sharia principles of morality and fairness.
Are there specific rules concerning online contextual advertising to children?
No.
There are no specific rules concerning online contextual advertising to children. However, the NMC's Advertising Guide includes a set of special conditions applicable to advertisement on social media. All adverts on social media must be clearly identified. This means that adverts must be clear and borders must be placed between the advert and any other content. They should be labelled as ‘advertisement material’ or something similar to identify them. This disclosure should generally be made at the beginning of the content.
Therefore, where advertisement on social media is aimed at children, it is best practice to ensure clarity relating to the nature of the content to be stronger than for adults, in order to take into account that children are less likely to spot ‘subliminal clues’ that a post is advertorial. This means the inclusion of #ad should be more prominent than if the content is aimed at adults. In practice, this can be done by putting the disclosure at the beginning of a caption, and not featuring any other hashtags.
Has there been any regulatory enforcement action concerning advertising to children? In your answer, please include information on the volume, nature and severity of sanctions.
N/A
We are not aware of any decisions relating to regulatory enforcement action concerning advertising to children being made publicly available in the UAE.
At what age does a person acquire contractual capacity to enter into an agreement to use digital services?
(This is general, and not specific to digital services.)
Do consumer protection rules apply to children?
Yes.
Yes, the Federal Decree Law No. 5 of 2023 amending the Federal Law No. 15 of 2020 on Consumer Protection applies to consumers including children.
Are there any consumer protection rules which are specific to children only?
No.
No, there are no consumer protection rules which are specific to children only.
Has there been any regulatory enforcement action concerning consumer protection requirements and children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
N/A
We are not aware of any decisions relating to regulatory enforcement action concerning consumer protection requirements and children’s use of digital services being made publicly available in the UAE.
Are there any age-related restrictions on when children can legally access online/ digital services?
No.
We are not aware of any such restrictions.
Are there any specific requirements relating to online/ digital safety for children?
Yes.
Article 29 of Federal Law No. 3 of 2016 On Child Rights (Wadeema’s Law) protects children’s data online. By way of example, any telecommunications companies and internet service providers must notify the competent authorities or the concerned entities of any child pornography materials being circulated through the social media sites and on the internet and must provide necessary information and data on the persons, entities or sites that circulate such material or intend to mislead children.
For more information about the UAE’s efforts towards child online protection, please refer to the ‘Child Digital Safety’ section of the government website available here.
Are there specific age verification/ age assurance requirements concerning access to online/ digital services?
No.
No, there is no specific age verification or age assurance requirements concerning access to online and/or digital services at present, however, the UAE Media Law states that the regulator may determine the age classification, controls and procedures for publication/display of content (which would include digital content) in the future.
Are there requirements to implement parental controls and/or facilitate parental involvement in children’s use of digital services?
No.
No, there are no requirements to implement parental controls and/or facilitate parental involvement in children’s use of digital services at present. However, the UAE Media Law states that the regulator may determine the age classification, controls and procedures for publication/display of content (which would include digital content) in the future.
Has there been any regulatory enforcement action concerning online/ digital safety? In your answer, please include information on the volume, nature and severity of sanctions.
N/A
We are not aware of any decisions relating to regulatory enforcement action being made publicly available in the UAE.
Are there any existing requirements relating to children and AI in your jurisdiction?
No.
The UAE does not have specific laws or regulations that directly address the use of AI in relation to children. However, there are several legal frameworks and guidelines that indirectly influence how AI technologies can be used in contexts involving children, focusing primarily on data protection, privacy, and online safety:
- Data Protection: The Personal Data Protection Law (PDPL) is the cornerstone of data protection in the UAE. It establishes comprehensive guidelines for the processing of personal data, including children's data. The PDPL mandates that data controllers and processors implement adequate measures to protect personal data and requires explicit consent for processing sensitive personal data, which includes data relating to children. While the PDPL does not specifically mention AI, its provisions apply to any technology or process that handles personal data.
- Cybercrime Law: The UAE's cybercrime laws, including the Federal Decree-Law No. 5 of 2012 on Combating Cybercrimes, aim to protect individuals, including children, from online threats and exploitation. These laws can be relevant for AI technologies used in digital platforms accessed by children.
- National AI Strategy: The UAE's National AI Strategy outlines the country's vision for AI development, emphasizing ethical use and the importance of privacy and security. While not specifically focused on children, these principles encourage responsible AI deployment, which includes protecting vulnerable groups.
- Child Protection Laws: The UAE has comprehensive child protection laws, such as the Federal Law No. 3 of 2016 concerning child rights, known as the ‘Wadeema's Law’. See more information on this here. This law ensures the protection of children's rights and welfare, which can indirectly influence how AI technologies are used in contexts involving children.
- Digital Safety Initiatives: The UAE government promotes digital literacy and safety programs to educate children and parents about safe technology use, which includes AI-driven applications.
Are there any upcoming requirements relating to children and AI in your jurisdiction?
No.
There are no specific upcoming legal requirements in the UAE that directly address the intersection of AI and children's rights. However, the regulatory landscape for AI and digital technologies is rapidly evolving, and there are a few areas where developments could potentially impact how AI is used in relation to children:
- Data Protection: The UAE has been working on enhancing its data protection frameworks, which could include more specific provisions related to children's data in the pending Executive Regulations. Given the global trend towards stricter data protection laws, it is possible that future regulations could address the unique considerations of processing children's data, particularly in AI applications.
- Digital Safety Initiatives: The UAE government continues to emphasize digital safety and cybersecurity, which may lead to updated guidelines or initiatives aimed at protecting children in the digital space. This could include recommendations or requirements for AI systems used in educational technology, social media, or other platforms frequented by children.
- International Influences: The UAE often aligns its regulatory approaches with international best practices. As global discussions around AI ethics and children's rights evolve, the UAE might introduce new regulations or guidelines to reflect these international standards.
Has there been any other regulatory enforcement activity to date relevant to children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
N/A
We are not aware of any decisions relating to regulatory enforcement action being made publicly available in the UAE.
Are there any other existing or upcoming requirements relevant to children’s use of digital services?
No.
Any existing requirements have already been flagged in this comparative review for the UAE. To our knowledge, there are no upcoming requirements relevant to children’s use of digital services at present.
