The Abu Dhabi Global Market (ADGM) has enacted two new regulations with a view to enhancing the protection of whistleblowers.

The new regulations afford protection from retaliation and civil or contractual liability to employees who make protected disclosures. The new regulations came into force on July 5, 2024. ADGM entities have until May 31, 2025, to implement certain arrangements required by the regulations.

Protected Disclosures

The regulations introduce the concept of “protected disclosures,” which is already widely recognized in other jurisdictions worldwide, to the ADGM. The whistleblower regulations establish that protected disclosures relate to knowledge or a reasonable suspicion that an ADGM entity, employee or agent has contravened a law applicable in the ADGM or has, may have or is likely to engage in money laundering, fraud or any other financial crime. Disclosures can be made by employees to anyone designated to receive such disclosures in the relevant ADGM entity and various regulatory or law enforcement agencies.

Under the employment regulations, if such disclosures are made by an employee in good faith, the employee making the disclosure must not be subject to any civil or contractual liability by their employer as a consequence. Additionally, employers must not retaliate, or threaten to retaliate, against an employee due to the fact that the employee intends to make or has made a protected disclosure.

Retaliation includes, but is not limited to,...

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