While the area is still developing, some whistleblower protections are already on the books in the UAE.
Introduction
The legal framework on whistleblowing and protection of whistleblowers is a developing area in the UAE. At present, there is no express provision in UAE law that defines whistleblowing except in the Abu Dhabi Global Market. Generally, however, whistleblowing is a disclosure of (often confidential) information that is usually made by an employee or an ex-employee of an organisation that exposes illegal or unethical practices within that organisation.
In the UAE (except in the Dubai International Financial Centre and the Abu Dhabi Global Market), there is no overarching law that governs whistleblowing or deals with the protection of whistleblowers. However, there are some federal and emirate-specific legal mechanisms that can be construed as offering some level of protection which extends to whistleblowing as we explain below.
The UAE Penal Code
On a federal level, UAE Penal Code provides for a positive obligation for all individuals to report criminal conduct. However, in practice, it is rare for an employee to make a protected disclosure about their employer to the authorities. This is because all employees are under a statutory obligation to maintain confidentiality in their employment. As such, in the event a whistleblower discloses confidential information about their employer to any regulatory authorities or even to the UAE Police, not only could they...
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