68A. Whistleblower Protection

(1) A person who makes a disclosure of information specified in Article 68A(2) to a person specified in Article 68A(3) is entitled to the protection in Article 68A(4).
(2) For the purposes of Article 68A(1), the disclosure of information made by the person must:
(a) relate to a reasonable suspicion that a Regulated Entity, an officer or employee of a Regulated Entity or, in the case of an Authorised Person, an Affiliate of the Authorised Person or an officer or employee of the Affiliate has or may have:
(i) contravened a provision of this Law, the Rules or any other legislation administered by the DFSA; or
(ii) engaged in money laundering, fraud or any other financial crime; and
(b) be made in good faith.
(3) For the purposes of Article 68A(1), the disclosure of information is made to any one or more of the following:
(a) the Regulated Entity;
(b) an officer of the Regulated Entity;
(c) in the case of the Authorised Person, a person performing a Licensed Function for the Authorised Person;
(d) an Auditor, or a member of the audit team, of the Regulated Entity;
(e) the DFSA;
(f) a criminal law enforcement agency in the State; or
(g) any other person prescribed by the Rules for the purposes of this Article.
(4) Where a person makes a disclosure referred to in Article 68A(1):
(a) the person shall not be subject to any civil or contractual liability for making the disclosure;
(b) no contractual, civil or other remedy or right shall be enforced against the person by another person for making the disclosure; and
(c) the person shall not be dismissed from his current employment, or otherwise subject to any action by his employer or any related party of the employer which is reasonably likely to cause detriment to that person, for making the disclosure.
(5) A Court may, on application of an aggrieved person, make any order for relief where the person has been subject to any loss of employment or other detriment or action referred to in Article 68A(4).
(6) For the avoidance of doubt, to qualify for protection under this Article it is not necessary for a person who discloses information to identify himself when making the disclosure.
(7) Nothing in this Article limits any other protection provided under this Law to a person who provides information to the DFSA or to any other person referred to in Article 68A(3).