Online promotion of counterfeit products is classified as electronic fraud in UAE

Promoting fake products online is regarded as an electronic fraud under Article 40 of the UAE’s Federal Law No. 5 of 2012 on Combating Cybercrimes, which cannot be considered a minor commercial violation but is a serious offense with legal consequences, according to Lawyer Adnan Obaid Al Shaali.

Al Shaali explained that perpetrators often create fake accounts, websites, or data on social media platforms or e-commerce sites, using deceptive images or false claims about non-existent products or services at the aim of misleading consumers and unlawfully seize their money for illicit gains.

He further highlighted that Article 11 of the UAE law stipulates penalties for creating a fake website, account, or email address and falsely attributing it to an individual or entity. Offenders face imprisonment and a fine ranging from Dhs50,000 to Dhs200,000, or either of these penalties. In case the fake account or website is used to defame the person it is attributed to, the punishment is escalated to a minimum of two years’ imprisonment.

Regarding the dud cheques, Dr. Nasr said that the cheque is considered an executable instrument under the UAE Commercial Transactions Law, which allows the holder to directly approach the Execution Judge to recover the owed amount without initiating criminal proceedings or filing a police report. Dr Nasr said that the holder has to go through several steps to obtain his money including getting bank notification or bank endorsement on the back of the cheque stating "insufficient funds" and a certificate detailing the issuer’s account information.

Step two can be done by submitting Execution Request to the competent civil court, attaching the bounced cheque, bank certificate, and proof of debt, while in step 3, the court will notify the debtor to pay the amount within 15 days of receiving the notice. As a precautionary measure, the holder can request a travel ban on the debtor until the debt is settled.

Dr Nasr stated that under recent legislative amendments, a bounced cheque is no longer a criminal offense, except in specific cases such as: Using it for fraud, withdrawing the entire balance before the cheque’s due date, forging the cheque or issuing an illegal non-payment order to the bank.