Categories
Article

Is the Basic Statute of the State a Constitution?

A country’s constitution is the most essential legal document in a legal system for a variety of reasons: It regulates the country’s governance structure, sets the fundamental rights of individuals, and is the most supreme legal document in a country that prevails over all other laws. Therefore, it is of vast importance to identify the constitutional statutes to apply laws correctly and to fairly regulate life and society.

The Omani Basic Statute of the State was first promulgated in 1996 by Sultan Qaboos by Royal Decree 101/96, as a gift to the people of Oman. The Basic Statute of the State provided a general legal framework upon which Oman operates, establishing its status and role as a constitution in Oman. However, since it is not formally called a constitution (or a Dostour in Arabic) and was promulgated merely by royal decree, some may doubt its legal status as the constitution.

To answer this question, this post will examine the Basic Statute of the State from a number of dimensions, namely, its name, its supremacy over other documents, its content, and its entrenchment, all of which are key attributes of constitutional documents.

Categories
Article

Key Provisions of Bilateral Investment Treaties

A bilateral investment treaty (BIT) is an agreement between two states designed to encourage and protect investments made by nationals or companies from one country in the other. They provide legal assurances to investors, fostering a stable environment for cross-border investments. Many countries around the world have domestic laws that provide protection to foreign investors, for example, Oman has the Foreign Capital Investment Law, however, BITs make the duty to provide this protection a legal obligation under public international law and offer investors the ability to resort to international arbitration to enforce their rights under the BIT without the need to have a contract between the state and the investor that provides for arbitration.

Categories
Article

Company Forms: Oman vs UK

One of the most important aspects of doing business in any country is the choice of the legal form used for the business. Company legal forms across legal systems are frequently similar, but there can be significant differences in the precise definitions and categorisations of different company forms. These differences have practical implications in regard to matters such as limited liability, minimum number of shares, and others.

As an Omani law student in the UK, I wrote this blog post to examine the key differences between Omani and UK company legal forms.

Categories
Article

Data Protection Officers Under the Data Protection Law and Regulation

The Personal Data Protection Law requires that all controllers identify a personal data protection officer and that the information of this officer is communicated to data subjects prior to processing any of their data. The specific details required for the implementation of this obligation have now been clarified in the Executive Regulation of the Personal Data Protection Law. This blog post will highlight the key elements of this obligation.

Categories
Article

Processing of Sensitive Data under the Personal Data Protection Law

The Personal Data Protection Law recognises the need for special controls in regard to certain types of datasets such as health and biometric data due to their sensitivity. This blog post will outline the provisions relating to this sensitive data. It is worth noting that the law has also other categories of personal data that have their own controls, namely children data, which will not be covered by this post.

Categories
Article

Data Subjects Rights under the Data Protection Law and its Executive Regulation

The Personal Data Protection Law has introduced a number of unique rights to data subjects that we have not seen in Oman before, the mechanism by which these rights can be enforced has now been clarified in the recently issued Executive Regulation of the Personal Data Protection Law. This blog post will provide an outline of some of the most important data subjects’ rights and the mechanism for enforcing them.

Categories
Article

Data Breach Obligations Under the Personal Data Protection Law and Its Executive Regulation

Data breach provisions fall squarely between cybersecurity and data protection. Under article 3 of the Cybercrime Law, the unauthorised access to an electronic system is deemed a criminal offense, but this law did not impose any obligations on any party to notify the victim or to take any measure to minimise the impact of the breach. The Personal Data Protection Law and its newly issued executive regulation attempt to fill this gap in the hope of protecting the rights of victims of data breach incidents.

Categories
Article

Clarifying the Savings System under the Social Protection Law and Regulation for Expatriate Employees

Last month the Social Protection Fund issued the Executive Regulation of the Social Protection Law. This law provided in article 135 that the provisions governing the savings system will be clarified in the executive regulation. Now that the executive regulation has been issued, this blog post aims to give a fuller picture of how the savings system operates for expatriate employees.

Categories
Article

Maternity Leave under the Social Protection Law and Regulation

Now that the Social Protection Fund has issued the Executive Regulation of the Social Protection Law, it is important for employers as well as female employees in Oman to make themselves familiar with the rights of expecting mothers under the Social Protection Law and the new regulation.

Categories
Article

Employer’s Obligations Under the New Executive Regulation of the Social Protection Law

The Social Protection Fund issued less than two weeks ago the Executive Regulation of the Social Protection Law, which provides a number of key clarifications for implementing the Social Protection Law. This regulation covers a variety of social protection aspects that relate to all branches of social protection benefits and social insurance provided by the law. This post will highlight some of the most significant obligations imposed on employers by the regulation.