A person's identity can carry considerable commercial value. A recognisable face, voice, name or even a distinctive aspect of a person's public persona may influence consumer behaviour and, in the case of celebrities, athletes and social media personalities, form an important part of their commercial brand.
The way in which that identity may be used has become increasingly difficult to control. Digital advertising and social media already allow images and recordings to circulate on a scale that was previously impossible. Artificial intelligence has taken this further.
Recent developments illustrate the issue. AI tools can clone voices, generate convincing likenesses and transform photographs into highly realistic stylised versions of individuals—as seen in the recent popularity of AI-generated retro and “1980s” portraits. While generating a stylised version of one's own photograph may appear innocuous, the legal position becomes more significant where another person's recognisable identity is recreated or used without authorisation, particularly for commercial purposes.
Cases in other jurisdictions, such as Asha Bhosle v Mayk Inc. in India, further illustrate how AI-enabled replication of voice and likeness is giving rise to disputes concerning the unauthorised use of personal identity.
In the UAE, there is no single statutory “right of publicity” governing these issues. Instead, protection may arise through the Civil Transactions Law, copyright, data protection, trademark, cybercrime and contractual principles. Federal Decree-Law No. 25 of 2025 promulgating the Civil Transactions Law (the "Civil Transactions Law"), which came into force on 1 June 2026, forms an important part of this framework by protecting a person's inherent rights and providing remedies for their unlawful violation.
These provisions operate alongside the general rules governing harmful acts. Article 246 requires a person who causes harm to another to compensate for the resulting damage, while Article 254 recognises compensation for moral damage, including infringement of a person's liberty, dignity, honour, reputation, social standing or financial credit.
Taken together, these provisions provide a relevant civil-law framework for considering the unauthorised use of an individual's identity. Depending on the circumstances, the unauthorised commercial use of a person's name, image, voice or likeness may engage these provisions where it amounts to an unlawful violation of the person's inherent rights or causes compensable financial or moral damage.
Article 45 of the Copyright Law provides that, where it has been agreed to take a photograph of a person or make an audio or visual recording, the person who made the photograph or recording may not keep, publish, exhibit or distribute the original or copies without the permission of the person concerned, unless otherwise agreed. The Article contains limited exceptions, including photographs taken on the occasion of public events, certain government events and activities held for the public in a public place, and publication authorised by the competent authorities in the public interest. Even in such circumstances, publication or circulation must not prejudice the person's honour, reputation or standing.
Importantly, consent to being photographed or recorded should not necessarily be treated as unrestricted consent to the subsequent use of that material. Where photographs, voice recordings or audiovisual material are intended for commercial use, the permitted purpose, duration, media, territory, modification rights and use by third parties should therefore be clearly addressed in the relevant contractual documentation.
Article 45 is particularly relevant to existing photographs and recordings. Where AI is instead used to generate or imitate a person's likeness or voice, without simply reproducing an existing photograph or recording, the legal analysis may extend beyond Article 45 to the Civil Transactions Law, data protection and other applicable UAE laws.
Under Article 4, Personal Data may generally not be processed without the consent of the Data Subject unless a statutory exception applies. Where processing is based on consent, Article 6 requires that consent to be clear, simple, unambiguous and capable of being proved by the Controller. The Data Subject must also be informed of the right to withdraw consent.
Consent is not the only consideration. Article 5 requires Personal Data to be collected for a specific and clear purpose and restricts subsequent processing that is incompatible with that purpose, subject to the statutory qualification concerning subsequent purposes that are similar or close to the original purpose. Consequently, obtaining a person's photograph, video or voice recording for one purpose does not necessarily permit its unrestricted reuse for another.
The PDPL nevertheless recognises circumstances in which processing may occur without consent. This includes, under Article 4, where the Personal Data has been made available and known to the public by an act of the Data Subject. However, public availability does not by itself determine whether subsequent use of a person's identity is permissible under other applicable laws, including the Civil Transactions Law and Copyright Law.
These principles are increasingly relevant to AI-generated identity. Photographs, videos and voice recordings may be processed to generate or imitate a person's likeness or voice. Whether such processing and subsequent use is permissible will depend on the circumstances, including the source of the data, the purpose for which it was obtained and processed, the applicable lawful basis under the PDPL, and any rights arising under other UAE laws.
Such use may engage several areas of UAE law. Article 90 of the Civil Transactions Law may be relevant where the use amounts to an unlawful violation of a person's inherent rights, while Articles 246 and 254 may apply where financial or moral damage results. Similarly, where the creation or use of a digital likeness involves the processing of Personal Data, the requirements of the PDPL, including Articles 4, 5 and 6, may also be relevant.
The Copyright Law may additionally apply where protected photographs, audio, video or other source material have been used in creating the resulting content. However, Article 45, which specifically addresses photographs and audio or visual recordings, does not by itself resolve every issue arising where AI generates or imitates a person's likeness or voice without reproducing an existing recording.
The absence of direct reproduction therefore does not, by itself, determine whether an AI-generated use of a person's identity is lawful. The circumstances of the use and the protections available under the applicable UAE laws must be considered.
Article 44 addresses specified conduct carried out through information networks, electronic information systems or information technology means for the purpose of invading another person's privacy or private or family life without consent and outside circumstances permitted by law. This includes, among other matters, the recording or disclosure of conversations and audio-visual material, photographing others and certain forms of publication or use of electronic images and information.
Of particular relevance to AI and manipulated media, Article 44 also criminalises the alteration or processing of a recording, image or scene through electronic means where undertaken for the purpose of defamation or abuse. Such conduct may attract imprisonment for at least one year and/or a fine of between AED 250,000 and AED 500,000.
Article 44 should not, however, be regarded as a general prohibition on AI-generated likenesses. Its application depends on the particular conduct and the statutory purpose or intention. It may nevertheless be particularly relevant where manipulated images, recordings or deepfakes are used to invade privacy, defame or otherwise abuse another person.
Article 2 adopts a broad definition of signs capable of constituting a trademark and includes, among other things, names, signatures and pictures. A distinctive sound may also constitute a trademark.
Further, Article 3 provides that a third party's name, nickname, picture, logo or surname may not be registered as a trademark, or as part of a trademark, without the prior approval of that person or his or her heirs.
Trademark protection may therefore complement the broader protections available under UAE law where a person's name, image or other distinctive characteristics function commercially as a brand. Its application will, however, depend on the particular sign, its use and the scope of the applicable trademark protection.
Agreements governing endorsements, talent, influencers or other commercial uses of identity should therefore clearly define the rights granted, including, where relevant, the purpose, duration, territory, platforms, permitted modifications, third-party use and post-termination use.
With the increasing use of artificial intelligence, contractual provisions may also need to address whether a person's image, voice or likeness may be digitally altered, used to create synthetic or AI-generated replicas, used in connection with AI systems, or retained and reused after the underlying engagement or licence has ended.
A conventional clause allowing a company to use a person's “name and image for promotional purposes” may not adequately address the scope of modern digital and AI-enabled uses.
The legal analysis therefore requires consideration of what aspect of a person's identity has been used, how and for what purpose it has been used, whether the use was authorised, and whether existing or AI-generated material is involved. These factors will determine which statutory protections may be engaged.
As AI and synthetic media increasingly enable a person's image, voice and likeness to be replicated or manipulated without their direct participation, clearly defined consent and contractual rights, together with the protections available under UAE law, will assume increasing importance in determining how an individual's identity may lawfully be used.
Note: This Legal Update / Newsletter is intended for general informational purposes only and should not be construed as legal advice. It is based on laws and legal interpretations in effect as of the date of publication. Laws and regulations may change over time, and their application can vary depending on individual circumstances. Readers are strongly encouraged to seek specific legal counsel before acting on any of the information provided herein.
The way in which that identity may be used has become increasingly difficult to control. Digital advertising and social media already allow images and recordings to circulate on a scale that was previously impossible. Artificial intelligence has taken this further.
Recent developments illustrate the issue. AI tools can clone voices, generate convincing likenesses and transform photographs into highly realistic stylised versions of individuals—as seen in the recent popularity of AI-generated retro and “1980s” portraits. While generating a stylised version of one's own photograph may appear innocuous, the legal position becomes more significant where another person's recognisable identity is recreated or used without authorisation, particularly for commercial purposes.
Cases in other jurisdictions, such as Asha Bhosle v Mayk Inc. in India, further illustrate how AI-enabled replication of voice and likeness is giving rise to disputes concerning the unauthorised use of personal identity.
In the UAE, there is no single statutory “right of publicity” governing these issues. Instead, protection may arise through the Civil Transactions Law, copyright, data protection, trademark, cybercrime and contractual principles. Federal Decree-Law No. 25 of 2025 promulgating the Civil Transactions Law (the "Civil Transactions Law"), which came into force on 1 June 2026, forms an important part of this framework by protecting a person's inherent rights and providing remedies for their unlawful violation.
Personality rights under the civil transactions law
The Civil Transactions Law provides an important starting point for considering the protection of personality rights in the UAE. Article 90 of the Civil Transactions Law provides that a person whose inherent rights have been unlawfully violated may seek cessation of the violation as well as compensation for the damage suffered. Article 91 provides more specific protection in relation to a person's name and surname. Where another person, without justification, disputes an individual's right to use his or her name or unlawfully usurps that name, the affected person may seek cessation of the violation and compensation.These provisions operate alongside the general rules governing harmful acts. Article 246 requires a person who causes harm to another to compensate for the resulting damage, while Article 254 recognises compensation for moral damage, including infringement of a person's liberty, dignity, honour, reputation, social standing or financial credit.
Taken together, these provisions provide a relevant civil-law framework for considering the unauthorised use of an individual's identity. Depending on the circumstances, the unauthorised commercial use of a person's name, image, voice or likeness may engage these provisions where it amounts to an unlawful violation of the person's inherent rights or causes compensable financial or moral damage.
The use of a person's image, voice and recordings
Federal Decree-Law No. 38 of 2021 on Copyright and Neighbouring Rights (the “Copyright Law”) provides specific protection in relation to photographs and audio and visual recordings of individuals.Article 45 of the Copyright Law provides that, where it has been agreed to take a photograph of a person or make an audio or visual recording, the person who made the photograph or recording may not keep, publish, exhibit or distribute the original or copies without the permission of the person concerned, unless otherwise agreed. The Article contains limited exceptions, including photographs taken on the occasion of public events, certain government events and activities held for the public in a public place, and publication authorised by the competent authorities in the public interest. Even in such circumstances, publication or circulation must not prejudice the person's honour, reputation or standing.
Importantly, consent to being photographed or recorded should not necessarily be treated as unrestricted consent to the subsequent use of that material. Where photographs, voice recordings or audiovisual material are intended for commercial use, the permitted purpose, duration, media, territory, modification rights and use by third parties should therefore be clearly addressed in the relevant contractual documentation.
Article 45 is particularly relevant to existing photographs and recordings. Where AI is instead used to generate or imitate a person's likeness or voice, without simply reproducing an existing photograph or recording, the legal analysis may extend beyond Article 45 to the Civil Transactions Law, data protection and other applicable UAE laws.
Identity as personal data
Personality rights also intersect with UAE data protection law. Federal Decree-Law No. 45 of 2021 concerning the Protection of Personal Data (the “PDPL”) adopts a broad definition of Personal Data. Article 1 expressly includes identifying elements such as a person's name, voice and image. Accordingly, photographs and voice recordings that identify an individual may constitute Personal Data. Where specific technical processing of physical, physiological or behavioural characteristics enables or confirms unique identification, the information may also constitute Biometric Data.Under Article 4, Personal Data may generally not be processed without the consent of the Data Subject unless a statutory exception applies. Where processing is based on consent, Article 6 requires that consent to be clear, simple, unambiguous and capable of being proved by the Controller. The Data Subject must also be informed of the right to withdraw consent.
Consent is not the only consideration. Article 5 requires Personal Data to be collected for a specific and clear purpose and restricts subsequent processing that is incompatible with that purpose, subject to the statutory qualification concerning subsequent purposes that are similar or close to the original purpose. Consequently, obtaining a person's photograph, video or voice recording for one purpose does not necessarily permit its unrestricted reuse for another.
The PDPL nevertheless recognises circumstances in which processing may occur without consent. This includes, under Article 4, where the Personal Data has been made available and known to the public by an act of the Data Subject. However, public availability does not by itself determine whether subsequent use of a person's identity is permissible under other applicable laws, including the Civil Transactions Law and Copyright Law.
These principles are increasingly relevant to AI-generated identity. Photographs, videos and voice recordings may be processed to generate or imitate a person's likeness or voice. Whether such processing and subsequent use is permissible will depend on the circumstances, including the source of the data, the purpose for which it was obtained and processed, the applicable lawful basis under the PDPL, and any rights arising under other UAE laws.
AI-Generated Identity and Likeness
Artificial intelligence presents a more complex question where a person's identity is replicated without reproducing a particular photograph, video or voice recording. For example, an advertisement may contain a digitally generated face and voice sufficiently similar to a well-known individual to create the impression that the individual participated in or endorsed the campaign, even though no original photograph or recording has been reproduced.Such use may engage several areas of UAE law. Article 90 of the Civil Transactions Law may be relevant where the use amounts to an unlawful violation of a person's inherent rights, while Articles 246 and 254 may apply where financial or moral damage results. Similarly, where the creation or use of a digital likeness involves the processing of Personal Data, the requirements of the PDPL, including Articles 4, 5 and 6, may also be relevant.
The Copyright Law may additionally apply where protected photographs, audio, video or other source material have been used in creating the resulting content. However, Article 45, which specifically addresses photographs and audio or visual recordings, does not by itself resolve every issue arising where AI generates or imitates a person's likeness or voice without reproducing an existing recording.
The absence of direct reproduction therefore does not, by itself, determine whether an AI-generated use of a person's identity is lawful. The circumstances of the use and the protections available under the applicable UAE laws must be considered.
Cybercrime and the manipulation of identity
Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrimes (the “Cybercrime Law”) provides an additional layer of protection where technology is used in a manner affecting an individual's privacy or reputation.Article 44 addresses specified conduct carried out through information networks, electronic information systems or information technology means for the purpose of invading another person's privacy or private or family life without consent and outside circumstances permitted by law. This includes, among other matters, the recording or disclosure of conversations and audio-visual material, photographing others and certain forms of publication or use of electronic images and information.
Of particular relevance to AI and manipulated media, Article 44 also criminalises the alteration or processing of a recording, image or scene through electronic means where undertaken for the purpose of defamation or abuse. Such conduct may attract imprisonment for at least one year and/or a fine of between AED 250,000 and AED 500,000.
Article 44 should not, however, be regarded as a general prohibition on AI-generated likenesses. Its application depends on the particular conduct and the statutory purpose or intention. It may nevertheless be particularly relevant where manipulated images, recordings or deepfakes are used to invade privacy, defame or otherwise abuse another person.
Names, Images and Trademarks
Federal Decree-Law No. 36 of 2021 on Trademarks (the “Trademark Law”) may provide additional protection where elements of a person's identity function as commercial identifiers.Article 2 adopts a broad definition of signs capable of constituting a trademark and includes, among other things, names, signatures and pictures. A distinctive sound may also constitute a trademark.
Further, Article 3 provides that a third party's name, nickname, picture, logo or surname may not be registered as a trademark, or as part of a trademark, without the prior approval of that person or his or her heirs.
Trademark protection may therefore complement the broader protections available under UAE law where a person's name, image or other distinctive characteristics function commercially as a brand. Its application will, however, depend on the particular sign, its use and the scope of the applicable trademark protection.
Consent and Contractual Protection
Across the applicable legal framework, the scope of consent and authorisation is particularly important. Permission to use a person's name, image, voice or likeness for one purpose should not necessarily be regarded as permission for unrestricted or subsequent use.Agreements governing endorsements, talent, influencers or other commercial uses of identity should therefore clearly define the rights granted, including, where relevant, the purpose, duration, territory, platforms, permitted modifications, third-party use and post-termination use.
With the increasing use of artificial intelligence, contractual provisions may also need to address whether a person's image, voice or likeness may be digitally altered, used to create synthetic or AI-generated replicas, used in connection with AI systems, or retained and reused after the underlying engagement or licence has ended.
A conventional clause allowing a company to use a person's “name and image for promotional purposes” may not adequately address the scope of modern digital and AI-enabled uses.
Conclusion
The UAE does not address the commercial exploitation of identity through a single statutory right of publicity. Instead, protection arises through the combined application of the Civil Transactions Law, Copyright Law, PDPL, Cybercrime Law and Trademark Law, depending on the nature of the identity used and the circumstances of its use.The legal analysis therefore requires consideration of what aspect of a person's identity has been used, how and for what purpose it has been used, whether the use was authorised, and whether existing or AI-generated material is involved. These factors will determine which statutory protections may be engaged.
As AI and synthetic media increasingly enable a person's image, voice and likeness to be replicated or manipulated without their direct participation, clearly defined consent and contractual rights, together with the protections available under UAE law, will assume increasing importance in determining how an individual's identity may lawfully be used.
Note: This Legal Update / Newsletter is intended for general informational purposes only and should not be construed as legal advice. It is based on laws and legal interpretations in effect as of the date of publication. Laws and regulations may change over time, and their application can vary depending on individual circumstances. Readers are strongly encouraged to seek specific legal counsel before acting on any of the information provided herein.