Compensation for information technology crimes in UAE private international law The Emirates legislature issued law No 5 for the year 2012 regarding information technology crimes. The Law contains these crimes and defines their sanctions. In general these crimes and legal relations related to them are known by the foreign element that associated with one of their elements. Most of these crimes are committed against the state and their effects affect another state. This situation requires the scholarship of the conflict of laws to determine the law applicable to civil actions from which are resulted, whether the lawsuit is held to demand this compensation before the criminal or civil courts. The study explains this subject in detail, determines the law applicable to compensation for information technology crimes, through indicating when the UAE law is competent to the compensation, and when the foreign law is competent, what are the legal problems raised by the legal electronic acts in determining the applicable law to the compensation, and what are the most important recent trends that address this issue, such as the approach that determines the competent law according the state law in which the computer server exists, or the law of nationality of the parties, or defines this law in the state of loading or state reception, or defines it in accordance with the idea of directed-activities, and the study ends with proposing the most appropriate solutions to the problem of determining the law applicable to compensation for these crimes. Keywords: conflict of laws, international jurisdiction, non-contractual obligations.
Al-Anzi, Dr. Ziad Khalifa
"Provisions of the Penalty of Compensation for Cyber Crimes in the UAE Private International Law,"
Journal Sharia and Law: Vol. 2018:
74, Article 8.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2018/iss74/8