قانون البنوك / التمويل في الإماراتقانون اتحادي بشأن المعلومات الائتمانية

Article (1) For the purposes of applying the provisions of this Law, the following words and phrases shall have the meanings ascribed thereto hereunder unless the context indicates otherwise: State: : The United Arab Emirates. Central Bank : The Central Bank of the United Arab Emirates. Credit Information : The person's financial data, financial obligations, current and previous payments, financial rights including the revenue, movable and immovable assets thereof, any banking transactions and other significant data and information relating to the credit information and indicating the person's eligibility and creditworthiness submitted by the information provider and based on which the credit record is created. Company : The Company established pursuant to the provisions hereof for the purpose of carrying out credit information-related activities and businesses. Information provider : Any entity that provides the credit information to the Company and obtains the same through its usual business activities with any person in accordance with this law and the executive regulations hereof, including the Federal and local governmental bodies and institutions, commercial and investment banks, financial institutions, insurance companies and the companies established in the State or the free zones. Code of conduct : A set of binding controls applicable to the information provider and the information report recipient and aim at controlling the process of credit information request, collection, preservation, analysis, categorization, use and circulation. Information report recipient : The person entitled to receive a credit information report in accordance with the provisions of this law and its executive regulations.

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Federal Law No. (6) of 2010 on Credit Information 3 Credit record : The record created by the Company and contains all the person's credit information which is collected from different sources and arranged in chronological order and based on which the credit information report is made. Information report : A report issued by the Company at the request of the information report recipient and contains the information that indicates the person's eligibility and creditworthiness. Creditor Index : A score-based index issued by the Company based on the credit record and determining the person's eligibility and potential in the different credit and financial sectors. Person : Any natural or legal person on whom credit information may be provided.

Article (6) 1. A credit information report recipient shall obtain the approval of the person about whom inquiry is made, prior to the issuance of the report. This approval may be either in writing or by any other legally acceptable means. 2. The Company may request to be provided with the credit information for the purpose of preparing and developing its credit information database, without having to obtain the approval of the person concerned. 3. Notwithstanding Clause (1) of this Article, the information report recipient may request the Company to issue a credit information report on any of the person indebted thereto in accordance with the controls set out by the Central Bank in this regard. 4. The credit index shall be requested and issued without requiring the approval of the person about whom the inquiry is made, in accordance with the controls set out by the Central Bank.

Article (9) 1. The Company shall be established to practice the activities related to the credit information and shall enjoy the legal personality and capacity required to practice its activities, and, in particular, it shall: a. Organize the credit information's request, collection, preservation, analysis, categorization, use and circulation. b. Prepare and process the credit record in due time, appropriately and in a secure manner in accordance with the provisions set out in this law and its executive regulations and the controls set out by the Central Bank. c. Issue the credit information report and any other reports and products related to credit information. d. Prepare and develop risk tools, standards and relevant matters. e. Practice any activity related to the person's credit status in accordance with the information available to the company in the credit record. 2. The Cabinet shall issue a resolution determining the Company's Articles of Association and operation mechanism.

Article (11) Without prejudice to the controls to be issued by the Central Bank the Company shall: 1. Not disclose or reveal any information in its possession to any Third-Party, except in accordance with the provisions of this law and its executive regulations. 2. Establish advanced systems and a database that contains and keeps all that which concerns the credit information, credit record and credit information reports, and update the same periodically. 3. Maintain the security of the Company and protect the Company's credit information from loss, damage, illegal or insecure access, use or modification, including maintaining the means of data support and recovery in emergencies. 4. Be committed to use the credit information in accordance with the provisions of this law and the executive regulations hereof.

Article (15) 1. The Company shall conclude with the information report recipient an agreement regulating the credit information report use mechanism and the terms and conditions

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Federal Law No. (6) of 2010 on Credit Information 7 relating to the credit information and form related to the protection and maintenance of confidentiality of credit information. 2. The Company may exchange reports and information related to non-citizens with the credit information companies and centers outside the State on the basis of reciprocity and in accordance with the provisions of this law and its executive regulations, the controls issued by the Central Bank and the agreements on the exchange of information approved by the competent bodies in the State.

Article (17) Penalties There shall be sentenced to a minimum term of imprisonment of two years and/or a minimum fine of AED 50.000 (AED fifty thousand) each and every person who: 1. Reveals Credit Information or Credit Information Report or Credit Record in cases other than those authorized as per the provisions of this Law and its Executive Regulations. 2. Obtains Credit Information or Credit Information Report, or has access to Credit Record, without obtaining the approvals required as per the provisions of this Law and its Executive Regulations or by using fraudulent methods or incorrect information. 3. Violates the confidentiality established for the Credit Information and the Credit Record and the Credit Information Report. 4. Misrepresents in bad faith any data or submits any incorrect Credit Information to the Company.

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Federal Law No. (6) of 2010 on Credit Information 8

Article (22) The Executive Regulations of this Law shall determine: 1. The mechanism of filing the request for Credit Information and the details of such request. 2. Rights and obligations of all related parties. 3. The period for keeping the Credit Information and the period covered by the Credit

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Federal Law No. (6) of 2010 on Credit Information 9 Information Record. 4. The authorities benefitting from the Credit Information and the payment that has to be made in return for obtaining such Information in light of the controls stipulated by the Central Bank in this respect. 5. The persons entitled to obtain the Credit Information Report. 6. The mechanism of submitting and examining complaints related to Credit Information.