UAE Law and Practice Contributed by: Stuart Paterson, Janine Mallis, Tania Forichon and Elif Eren Ozenir, Herbert Smith Freehills Kramer LLP
2.3 Powers of Investigation Under the Criminal Procedural Law (Articles 70–73), the public prosecutor may: • enter and search premises, and seize items (eg, documents, weapons and electronic media) linked to the crime; • seize all correspondence, letters, papers, printed materials and parcels belonging to the accused at the post office; and • monitor and record conversations (wired/wireless), with the approval of the Attorney General. The public prosecutor can order the accused to sur - render anything deemed relevant (Article 76). The public prosecutor can interview witnesses requested by the accused or other interested parties (Article 86). The public prosecutor can also appoint an expert to prepare a report (Article 94). This is common in com - plex or fact-intensive matters. The expert’s report is very often determinative of the outcome in relation to the matters covered by it. Article 83 of the Penal Code allows the court to con - fiscate property connected to a crime upon conviction – whether used, intended to be used, or derived – as a complementary penalty. Under Federal Decree-Law No 20 of 2018, as amend - ed (the “AML Law”), “funds” are defined to include tangible, intangible, electronic and digital assets. Under Article 5 of the AML Law, the public prosecu - tor or the court may order the freezing and seizure of suspicious assets until the investigation or trial is complete. Article 18 of the AML Law provides for such seizure/freezing to be carried out in the context of supporting a foreign investigation or trial. 2.4 Use of Technology in Investigations The UAE has made a significant investment into inte - grating AI and advanced technologies into the inves - tigation and enforcement of white-collar crime. While comprehensive legislation is still evolving, several reg - ulatory instruments guide responsible use. The Arti - ficial Intelligence Strategy 2031 builds on the original
2017 strategy to position the UAE as a global leader and integrate AI into all government services. Frameworks Addressing Data Protection The use of AI can give rise to privacy concerns and the UAE has begun to implement some frameworks to address the protection of data. The Federal Decree- Law No 45 of 2021 Concerning the Protection of Per - sonal Data (the “PDPL 2021”) came into force on 2 January 2022. The executive regulations setting out further detail on the data protection requirements businesses must meet are yet to be issued, and it is not clear when this will occur. The PDPL 2021 is largely in line with international privacy practices. Both the DIFC and ADGM have their own data protection frameworks: the DIFC Data Protection Law No 5 of 2020 and the ADGM Data Protection Regulations 2021 (the “ADGM Regulations”). These frameworks and the PDPL 2021 address AI-related data process - ing and privacy concerns. In the DIFC, Practical Guidance Note No 2 of 2023 published by the DIFC courts regulates the use of large language models and generative AI in DIFC court proceedings, requiring transparency, accuracy and risk management when using AI during proceedings. The UAE published its International Stance on Arti - ficial Intelligence Policy, confirming that it has also adopted an AI Principles and Ethics framework, which promotes transparency, accountability, data protec - Enforcement authorities actively use AI: the UAE Pub - lic Prosecution announced a strategy to digitise oper - ations using AI, blockchain and emerging technolo - gies such as the metaverse. These tools are intended to reduce investigation time, while improving accu - racy, security and transparency. The Ministry of Inte - rior, through its Cybercrime Combating Department, has also confirmed its use of AI to fight cyber and economic crime, using predictive analytics and data analysis to detect threats, uncover hidden connec - tions, and prevent breaches and phishing attempts. The ADGM’s 2025–2026 Business Plan sets out how technologies will be leveraged (including through the tion, risk assessment, and ethical use. Enforcement Authorities’ Use of AI
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