Cybercrime and Cybersecurity

Introduction:

The objective of this article is to provide insights into cybercrimes, current state of cyber security in the middle east, legal framework which encapsulate several Laws and Regulations with respect to data protection and information security and the measures that can be taken to prevent such attacks in future in the Middle East.

At the outset, it is crucial to understand that the middle east has rapidly evolved into a dynamic and influential region characterized by substantial digital transformation and technological advancements. This growth, fuelled by globalization and significant public investment, has seen the rise of fintech organizations, private equity firms, sovereign wealth funds, and large-scale government projects. However, these advancements also present the region as an increasingly attractive target for cybercriminals. Despite the progress, there remains a notable gap in cybersecurity readiness and resilience, which is a growing concern.

The Middle East’s technological expansion has led to a dramatic increase in cyber vulnerabilities. The region’s second-place ranking globally for the total cost of data breaches for 2 consecutive years highlights the gravity of the situation. According to a cybersecurity report by IBM, the average cost of a data breach in the Middle East is $6.93 million. This is significantly higher than the global average of $4.24 million per incident as digital platforms proliferate, so does the potential for cyberattacks, including data breaches and ransomware incidents. This escalation in cyber threats underscores the need for robust cybersecurity measures.

What is Cybercrime?

Cybercrime refers to any criminal activity using a computer, networked device or a network as its primary means of commission. It involves a wide range of illegal actions carried out through the use of technology.

Types of Cyber-Crime

Cybercrime poses significant challenges in the Middle East, influenced by various factors including:

1. Geopolitical Tensions: The region’s geopolitical landscape can contribute to cyber threats and attacks aimed at political espionage, disruption of government operations, or destabilization efforts.
2. Rapid Digitization: Rapid Digitization: As Middle Eastern countries embrace digital transformation across sectors such as finance, healthcare, and energy, there is an increased attack surface for cybercriminals to exploit vulnerabilities in systems and infrastructure.
3. Sophisticated Threat Actors: Cybercriminals, organized crime groups, and state-sponsored hackers operate with increasingly advanced tactics, techniques, and procedures (TTPs) to breach networks, steal data, or disrupt services.
4. Insufficient Cybersecurity Measures: Many organizations and governments in the Middle East may have inadequate cybersecurity defences, including outdated software, lack of skilled cybersecurity professionals, and insufficient investment in cybersecurity infrastructure.
5. Social Engineering and Phishing: These techniques are commonly used to exploit human vulnerabilities, tricking individuals or employees into revealing sensitive information or granting access to systems.
6. Regional Instability and Conflict: Ongoing conflicts and regional instability can exacerbate cybersecurity challenges, with cyberattacks used as tools of warfare or coercion.
7. Regulatory and Legal Frameworks: Variations in cybersecurity laws, regulations, and enforcement capabilities across Middle Eastern countries may create gaps in addressing cybercrime effectively.

Comparative Analysis of Cybersecurity Regulation Across the Middle East

1. The United Arab Emirates (UAE) has incorporated various laws and regulations to address cybercrimes and intensify cybersecurity. Some of the pivotal laws are as follows:
   • Federal Decree Law No. 34 of 2021 on Combatting Rumours and Cybercrimes: It provides provisions related to protection of government websites and databases, combating rumours and fake news, safeguards against electronic frauds. Further, it also specifies cyber offences and provide penalties which ranges from fines to imprisonment.
   • Federal Decree by Law No. 45 of 2021 on Personal Data Protection: It provides roles of the Data Subject, Controller, Processor, Data Protection Officer to ensure the confidentiality of information and protect individual’s privacy.
2. Saudi Arabia has implemented laws and regulations pertinent to cybersecurity and data protection. The relevant laws are as follows:
   • Anti-Cybercrimes Law (Royal Decree No. M/17)- The fundamental object of incorporating this law is to enhance information security and protect rights with respect to legitimate computer and information network use.
   • Personal Data Protection Law (Royal Decree M/19 of 9/2/1443H)- This Law has been incorporated to provide guidelines for data protection and imposes penalties in case of non-compliance.
3. Overview of Oman’s Cybersecurity Framework:
   • Oman’s Cyber Crime Law (Royal Decree No. 12 of 2011): This law has also been implemented to ensure cyber security, to protect the confidentiality, safety and integrity of electronic data and information. It defines acts that violate the safety and confidentiality of data stored in information systems and electronic sites and prescribes penalties for offences.
   • Oman’s Electronic Transactions Law (Royal Decree No. 69/2008): Oman’s Electronic Transactions Law establishes the legal framework for electronic transactions and data transmission. The law covers electronic signatures, the recognition of electronic records as evidence and the confidentiality and security of electronic data. While it does not clearly address data protection, it has an indirect impact on information security standards in electronic transactions.
4. Overview of Qatar’s Cybersecurity Framework:
   • Law No. (14) of 2014 Promulgating the Cybercrime Prevention Law: It encapsulates a wide range of online offenses, from hacking to cyber stalking and further, mandates internet service providers to take measures to prevent the spread of these crimes. In case of non-compliances, it imposes sanctions and penalties for offenses committed through the Internet, IT networks, computers, and related means.
   • Qatar’s Personal Data Privacy Protection Law (Law No. 13 of 2016): Qatar has the Personal Data Privacy Protection Law to govern the processing of personal data and protect individuals’ privacy rights. The law describes the framework for processing personal data, data subjects’ rights and duties of the controllers and processors.
5. Bahrain’s Personal Data Protection Law (Law No. 30 of 2018): Bahrain’s Personal Data Protection Law governs the processing of personal data by public and private entities and regulates the collection, use, disclosure and transfer of personal data to protect individuals’ privacy rights. It requires data controllers to implement appropriate security measures to safeguard personal data and establishes the National Data Protection Authority responsible for enforcing compliance.
6. Kuwait’s Cybercrime Law (Law No. 63 of 2015): Kuwait’s Cybercrime Law criminalises various cyber offenses, including unauthorised access to computer systems, data interference, and cyber stalking. The law also addresses offenses related to spreading false information, promoting extremism, and engaging in terrorist activities online. Penalties for cybercrime convictions can include imprisonment and fines.

Regional Initiatives and Collaboration

1. GCC Cyber Security Framework: The Gulf Cooperation Council (GCC) countries have established frameworks for regional collaboration on cybersecurity, including joint exercises, information sharing, and capacity building.
2. Arab Regional Cybersecurity Center: Initiatives such as the Arab Regional Cybersecurity Center aim to enhance cybersecurity cooperation among Arab League member states, promoting best practices and joint responses to cyber threats.
3. International Partnerships: Collaboration with international organizations and cybersecurity agencies from other regions strengthens capabilities in incident response, threat intelligence sharing, and cybersecurity capacity building.

Measures to Ensure Compliances

To have a robust cybersecurity system, Businesses in the Middle East must take a proactive approach in implementing the best practices to strengthen their business functioning. Some of the measures that can be taken are as follows:

1. Cybersecurity Audits- Regular cybersecurity audits help businesses to comprehensively assess compliance levels, lessen the risk associated and identify potential vulnerabilities.
2. Employee Training- It is needed to create an environment to provide continuous employee training for cybersecurity awareness. When staff is educated and made aware on developing risks and preventive measures, it ultimately helps in organisation’s overall security resilience.
3. Cooperation with Regulatory Authorities- Organisations must cooperate with the regulatory bodies to mitigate risks and strengthen the operational efficiency.
4. Adaptation to the changing cybersecurity environment- continuously evolving and enhancing security measures to address new and emerging threats.

Conclusion

The Middle East is rapidly evolving into a major digital hub, driven by its swift technological advancements and significant investments. However, this growth brings with it an increasing exposure to sophisticated cyber threats. From data breaches and ransomware attacks to state-sponsored cyber espionage, the region faces a range of cyber challenges that are becoming ever more complex and damaging. As the Middle East continues to embrace digital transformation, it is crucial for the region to make cybersecurity a top priority. Protecting its growing digital assets is essential not only for safeguarding individual businesses and government operations but also for maintaining its status as a key player on the global stage.

To address these pressing issues, the Middle East must focus on strengthening its legal frameworks, fostering greater regional and international collaboration, and investing in advanced cybersecurity practices. By doing so, the region can enhance its defences against cyber threats and work towards a secure and resilient digital future. In this way, the Middle East can ensure that its rapid digital progress is matched by equally robust measures to protect against the risks of the cyber world.

Disclaimer

The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.