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  • RPP 8-4 RPP 8-4 Information Under Memoranda of Understanding

    • RPP 8-4-1

      The DFSA may obtain confidential information pursuant to a Memorandum of Understanding (MOU)2 with another authority. A list of DFSA MOUs is published on the DFSA website.

      2 A MOU may be a bi-lateral or a multi-lateral MOU.

      Derived from Notice of Updates (Made 7th May 2015). May 2015 Edition

    • RPP 8-4-2

      This section describes how the DFSA protects, uses and discloses confidential information that it receives pursuant to a MOU.

      Derived from Notice of Updates (Made 7th May 2015). May 2015 Edition

    • Procedures for assessing disclosure

      • RPP 8-4-3

        Article 38 of the Regulatory Law ensures the confidentiality of information provided to the DFSA. This includes any confidential information received by the DFSA from an authority under a MOU or similar arrangement. All information received under a MOU will be expressly marked to indicate that it is confidential regulatory information provided under a MOU from an identified authority.

        Derived from Notice of Updates (Made 7th May 2015). May 2015 Edition

      • RPP 8-4-4

        Article 38 also enables the DFSA to release confidential information to an authority for the purposes of assisting the performance of its regulatory functions. The release of any confidential information by the DFSA to a third party and the method of releasing this information will be assessed and approved by a senior officer of the DFSA with delegated authority to make such a release. The delegated senior officer will consider the relevant provisions of this chapter (particularly section 8-3) in deciding whether to release confidential information to third parties.

        Derived from Notice of Updates (Made 7th May 2015). May 2015 Edition

      • RPP 8-4-5

        Any DFSA staff member identifying the possible release of any confidential information will ensure that the delegated senior officer assessing and approving the release is aware of the origin(s) of the information and the legal basis upon which the release is required to be made.

        Derived from Notice of Updates (Made 7th May 2015). May 2015 Edition

      • RPP 8-4-6

        The DFSA staff member and the delegated senior officer assessing and approving the release will ensure that:

        (a) the receiving party is made fully aware of the protected status of the confidential information;
        (b) the providing authority has been approached to seek written approval for the information's release to the third party;
        (c) where a providing authority does not approve the release of the confidential information, the DFSA takes all reasonable efforts, including any legal steps, to protect the information from disclosure;
        (d) if the DFSA's efforts to protect the confidential information from disclosure are unsuccessful, e.g. to a Court, the DFSA informs the providing authority, and requests the receiving party to ensure that the confidential information is not made public.
        Derived from Notice of Updates (Made 7th May 2015). May 2015 Edition

      • RPP 8-4-7

        Generally, the DFSA will ensure that information released under Article 38 retains its confidential status by imposing conditions on that authority that the information should only be used for a regulatory purpose and will not be released to any third party without the prior consent of the DFSA.

        Derived from Notice of Updates (Made 7th May 2015). May 2015 Edition

    • Where information is subject to a legally enforceable demand

      • RPP 8-4-8

        In cases where the confidential information obtained from an authority under a MOU is subject to a legally enforceable demand (such as a subpoena, notice or court order), the DFSA will notify the providing authority when the demand is received by the DFSA.

        Derived from Notice of Updates (Made 7th May 2015). May 2015 Edition

      • RPP 8-4-9

        In the event of a legally enforceable demand, the DFSA will assert any legal rights, exemptions or privileges to protect such confidential information that are legally available to it. These may include, for example, objections to disclosure based on a claim of public interest immunity (see section 8-5 below).

        Derived from Notice of Updates (Made 7th May 2015). May 2015 Edition