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Application Notice 023/2008 – Consent Order

Application Notice 023/2008 – Consent Order

August 14, 2008


Application No: 023/2008



Before Chief Justice Sir Anthony Evans, on 14th August 2008


The Dubai Financial Services Authority Applicant
and“A” 1st Respondent
and“B” 2nd Respondent



UPON hearing counsel representing the Applicant and counsel representing each of the 1st and 2nd Respondents, and after reviewing the written submissions on behalf of the parties;

IT IS ORDERED as follows:

1. The Order of the Court made on 12 August 2008 in relation to privacy shall be maintained until further Order of the Court.


2. That the First and Second Respondents do, in relation to the matters specified in this Order, provide to the DFSA all reasonable assistance and access to their offices and systems located at the First Respondent’s premises located within the DIFC and provide an appropriately qualified IT professional, with full access to all relevant IT systems, who will assist the DFSA to inspect and copy the relevant information and documents.


3. For the purpose of this Order, the term “relevant information and documents” means information or documents relating to the trading in D P World shares on or about 31 March 2008.


4. That the First and Second Respondents do give, or procure the giving, of a copy of the back-up tape or tapes of the First and Second Respondents, for the period from 1 March 2008 to 30 April 2008 to the DIFC Courts as soon as practicable. Such copy to be made in the presence of and to the satisfaction of the Applicant.


5. That the First and Second Respondents, on Wednesday 20 August 2008, permit the DFSA, pursuant to Article 80(1)(a) of the Regulatory Law, to enter the business premises of the First Respondent during normal business hours for the purpose of inspecting and copying relevant information or documents, for the period 1 March 2008 to 30 April 2008 stored in any form in the Exchange server, e-mail archiving system, Message Tracking Centre, and on the desk top computers and hard drives, either directly or by remote access, of the individuals mentioned in paragraph 6 below.


6. The DFSA undertakes to restrict its review of the back-up tape or tapes and sources described in paragraph 5 to records of electronic communications including e-mails, and their attachments, from, to and between:
a. (redacted);
b. (redacted);
c. (redacted);
d. (redacted);
e. (redacted); and
f. (redacted)


7. That the First and Second Respondents do, until further notice from the DFSA, preserve and not remove from its present location the information and documents sourced from electronic storage media and back up tapes that are the subject of this Order.


8. The terms of this Order replace the obligations set out under the previous Notices served by the Applicant upon the First and Second Respondents on 6 August 2008.


9. The Costs of this action to be determined by the Court.


Mark Beer
Date of Issue: 19th August 2008
At 2:22 pm


Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.


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