38. Confidential Information
(1) Subject to Article 38(3) and (4), confidential information must not be disclosed by the DFSA or by any of its officers, employees or agents, or by any person coming into possession of the information, without the consent of the person to whom the duty of confidentiality is owed.
(2) Information is confidential when:
(a) it is received by the DFSA or any of its officers, employees or agents in the course of the performance by such person of a function under the Law or under any other legislation administered by the DFSA; and
(b) it has not been made available to the public in circumstances in which disclosure is not prohibited under such Law or other legislation.
(2A) Information is not confidential information if it is in the form of a summary or collection of information so framed that it is not possible to ascertain from it information relating to any particular person.
(3) The DFSA may disclose confidential information where such disclosure:
(a) is permitted or required under the Law or Rules or under other legislation administered by the DFSA;
(b) is permitted or required by any other law;
(c) is made to:
(i) the Companies Registrar;
(ii) a Financial Services Regulator;
(iii) a governmental or regulatory authority exercising powers and performing functions relating to anti-money laundering, counter-terrorist financing or sanctions compliance;
(iv) a self-regulatory body or organisation exercising and performing powers and functions in relation to financial services;
(v) a civil or criminal law enforcement agency;
(vi) a governmental or other regulatory authority including a self-regulatory body or organisation exercising powers and performing functions in relation to the regulation of auditors, accountants or lawyers; or
(vii) a Resolution Authority in another jurisdiction,for the purpose of assisting the performance by any such person of its regulatory functions; or
(d) is made in good faith for the purposes of performance and exercise of the functions and powers of the DFSA.
(4) The DFSA may disclose confidential information to the DIFC Authority where the DFSA is satisfied that:
(a) it is necessary and appropriate to disclose that information to the DIFC Authority to assist it to prepare policies or strategies for the development of the DIFC; and
(b) the information is to be used by the DIFC Authority only for internal purposes and the DIFC Authority has in place proper controls to ensure that the information is not disclosed to any other person.
(5) The DFSA may specify in writing conditions or restrictions relating to the use of confidential information when it discloses information to a person under Article 38(3) or (4).
(6) A person must not, without reasonable excuse, fail to comply with a condition or restriction imposed under Article 38(5).