In the UAE mainland, the client is the lawful owner of the information communicated with the attorney and therefore, copies held by the client, if disclosed by the client, are not deemed confidential any longer.

In the Dubai International Financial Centre (DIFC), existing legislation does not detail the extent of privilege. Accordingly, it is likely that the DIFC courts would rely on the law of England and Wales regarding the legal principles of privilege when determining its extension to in-house counsel.

In the UAE mainland, privilege applies only to advocates. In-house counsel are not subject to privilege rules. However, they are regarded as employees and are subject to the customary duty to keep the secrets of their employers. They may be subject to criminal liability, under article 380 (bis) of the Penal Code, if they unlawfully copy, distribute or disclose information obtained in the performance of their job.

In the Dubai International Financial Centre (DIFC), there is no legislation that specifically deals with privilege extending to in-house counsel. Accordingly, it is likely that the DIFC courts would rely on the law of England and Wales regarding the legal principles of privilege when determining its extension to in-house counsel.

In the UAE mainland, privilege applies only to advocates. In-house counsel are not subject to privilege rules.

In the Dubai International Financial Centre (DIFC), there is no legislation that specifically deals with privilege extending to in-house counsel. Accordingly, it is likely that the DIFC courts would rely on the law of England and Wales regarding the legal principles of privilege when determining its extension to in-house counsel.

In the UAE mainland, the Federal Code of Ethics applies to (i) all advocates practicing in the UAE; (ii) all legal consultants practicing in the UAE; (iii) all law firms licensed in the UAE; (iv) all foreign advocates and legal consultants temporarily authorized to provide services in the UAE; and (v) the representatives of parties in the arbitration centers licensed in the UAE.

In the Dubai International Financial Centre (DIFC), the duty is set out in the Code of Conduct of Legal Practitioners in the DIFC courts (i.e., those licensed by the DIFC courts).

Nonlegal professionals may be subject to a different set of rules and regulations. The professional codes in the UAE mainland apply only to advocates. In the Dubai International Financial Centre (DIFC), a “privileged communication” means a communication attracting a privilege arising from the provision of professional legal advice and any other privilege applicable at law, but does not include a “general duty of confidentiality.”