There are currently no specific laws on Employee monitoring in the UAE. However, employee consent should be given before any form of monitoring is carried out.
Federal Law No.(5) of 2012 (Anti-Cyber Crime Law)
Article 21 of the law makes one liable if he uses an electronic information system or any information technology means for offending another person or for attacking or invading his privacy.
Federal Law No. (1) OF 1971 – UAE Constitution
Article 31 of the UAE’s Constitution provides for the freedom of communication by means of post, telegraph or other means of communication and guarantees their confidentiality under the law.
In the UAE, employers have the right to monitor and analyse screen contents as well as keystrokes on company property. However, employees reserve the right to consent to such monitoring, as they have a right to personal privacy. And if the employees disagree, then the employer can’t monitor them.
Company email systems are company-owned property. Employees should be mindful of accessing their personal emails from the office computer as they can be monitored. Under the UAE’s constitution, privacy and personal information should not be accessed without consent. The company must clearly inform its employees of the monitoring of the emails. Also, clear policies regarding the use of corporate emails for professional use should be provided.
Businesses need to ensure transparency when implementing employee monitoring. This can be achieved by creating and distributing comprehensive company policies, handbooks, and consent forms to ensure that employees know the rules and guidelines regarding monitoring and surveillance. Policies should be easy to access and understand.
Employers need to balance the need to safeguard business interests and their employees’ privacy expectations when implementing employee monitoring software. To perform the monitoring process on legitimate grounds, transparency and prior notification should be considered.