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    Whistleblowing

    Operating in ADGM Obligations of ADGM Registered Entities Whistleblowing
    ADGM’s 2024 Whistleblower Protection for Safe Reporting

    In July 2024, ADGM published the Whistleblower Protection Regulations 2024, requiring all ADGM registered entities to make appropriate and effective arrangements to support the making of “Protected Disclosures”.

    Protected Disclosures are reports of suspected breaches of legislation administered by an ADGM authority or of financial crime, made in good faith to specified recipients. Persons who make Protected Disclosures are entitled to certain protections under the Regulations.

    The Regulations are part of a framework that encompasses:
    • The Regulations themselves, which recognise and protect good faith reporting of ‘protected disclosures’.
    • Availability of internal and external channels for reporting reasonably suspected breaches of ADGM legislation, or financial crime.
    • Protection for anonymous reporting in good faith of reasonably suspected misconduct.
    • Non-retaliation protections integrated into ADGM’s Employment Regulations 2024, to guard employees of all ADGM entities against retaliation for speaking up.
    • Good governance requirements to support whistleblowing for all ADGM entities.
    • Written policies and procedures required for firms certain ADGM entities.
    In order to comply with the Regulations:
    • All ADGM entities must implement appropriate and effective arrangements that are proportionate to their business. See Section 9 of the Whistleblowing Guidance.
    • FSRA-regulated entities, DNFBPs, DLT Foundations and Large Establishments must ensure those arrangements are captured in written policies and procedures. See Section 10 of the Whistleblowing Guidance.

    As a minimum, all ADGM entities should communicate the protections afforded under the framework to their staff, including the available internal reporting channels, and the availability of external reporting channels to specified authorities. They should also have processes to protect a person who makes a Protected Disclosure from retaliation, to protect the confidentiality of disclosures made in confidence, and to assess and escalate Protected Disclosures where necessary.  

    Guidance on arrangements to be put in place is detailed in section 9 of the Whistleblowing Guidance. For those ADGM entities required to have written policies and procedures in place, the expected requirements are detailed in section 10 of the Whistleblowing Guidance. 

    In keeping with international best practice to facilitate proportionate and entity-specific implementation of appropriate arrangements to enable appropriate whistleblowing, ADGM does not prescribe specific templates for implementation of those arrangements or supporting policies and procedures. However, they should be clear, simple, accessible and easily understood.  There is a large volume of publicly available resources and examples that entities can customise to meet their needs and the requirements of the Regulations.

    ADGM entities must have arrangements in place by 31 May 2025, and FSRA-regulated entities, DNFBPs and DLT Foundations must have these in written policies and procedures by the same date. Large Establishments are required to capture their arrangements in written policies and procedures by the beginning of the financial year subsequent to the first financial year in which they qualify as a Large Establishment, or 31 May 2025, whichever is the later.

    Guidance and Resources

    Useful Resources

    Whistleblower Protection Regulations 2024
    Whistleblowing Guidance 2024
    Employment Regulations 2024

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