On June 28, 2024, the Cabinet Resolution Regulating Marketing via Telephone Calls was published in the Official Gazette. The Resolution aims to:

• regulate the marketing of products or services via marketing phone calls to maintain economic and social stability;
• ensure that companies adhere to the marketing channels and times for the products or services provided by them or through them; and
• reduce unwanted marketing phone calls in a way that achieves consumer comfort and does not violate their privacy.

What is the scope of the Resolution?

The Resolution applies to all companies licensed in the UAE, including those located in free zones, that market products or services through marketing phone calls. Natural persons are prohibited from making marketing phone calls for products or services they provide in their name or in the name of their representative using a fixed or mobile phone number licensed in their name by telecommunications companies licensed in the UAE.

What are the key definitions in the Resolution?

The Resolution defines 'marketing telephone calls' as telephone calls made by a company or natural person to a consumer for the purpose of marketing, advertising, or promoting the products or services they provide or in the name of their representative via a landline or mobile phone number, including marketing text messages and marketing messages through social media applications.

The Resolution also defines the Do Not Call Register (DNCR) as a unified registry supervised by the Telecommunications and Digital Government Regulatory Authority (TDRA) to protect consumers from unwanted marketing phone calls.

Furthermore, the Resolution defines unwanted marketing phone calls as marketing phone calls made in violation of the provisions of the Resolution and does not include marketing phone calls made at the request of the consumer.

What are the obligations of companies?

The Resolution proposes certain obligations and controls for all licensed companies in the UAE to follow when making marketing phone calls, including, among other things:

• obtaining prior approval to practice the activity of telemarketing from the competent authority;
• using local telephone numbers issued by telecommunications companies licensed in the UAE, and these numbers must be registered under the commercial license of the licensed company in the UAE;
• finding a communication channel for consumers interested in obtaining marketing information and ensuring marketing communication is only made with these consumers;
• not calling consumers whose numbers are included in the DNCR for the purpose of marketing products or services;
• keeping a record of all marketing phone calls made, according to the form prepared by the competent authority, to ensure the provision of the minimum data and information about their marketing activities carried out through marketing phone calls, and not destroying them until the expiration of the period specified by the competent authority;
• recording marketing phone calls, with the necessity of notifying the consumer of the recording when the call begins;
• identifying the company's identity and the purpose of the call at the beginning of the marketing phone call;
• disclosing the source of obtaining the consumer's phone numbers and data if requested by the competent authority; and
• not using phone numbers that are not registered or owned by a company licensed in the UAE to make marketing phone calls.

Furthermore, the Resolution also provides controls for companies marketing products or services through phone calls to ensure that they are giving due care and sufficient attention to everything that would prevent disturbing the consumer and adhering to the highest standards of transparency, credibility, and integrity. Consumers are also given a right to submit a complaint to the competent authority regarding unwanted marketing phone calls.

Notably, the Resolution states that the Council of Ministers shall issue a decision on the violations and administrative penalties imposed on violators of the Resolution.

Next steps

The Resolution is due to come into effect 60 days after the date of its publication in the Official Gazette on August 27, 2024.

You can read the Resolution, only available in Arabic, here.