65. General exemptions
(1) The DIFCA Board of Directors may make Regulations exempting Controllers from compliance with this Law or any parts of this Law. Such Regulations shall be consistent with the principles contained within this Article.
(2) In any case, without limiting the generality of Article 65(1), and having regard to the fundamental rights and legitimate interests of the Data Subject, Articles 26, 29, 30, 32, 33, 34, 35, 37, 38, 39 and 42 shall not apply to a DIFC Body, where such DIFC Body acts as a Controller, if, and only to the extent that, compliance with such Article would be likely to cause material prejudice to the proper discharge by such DIFC Body of its powers and functions under any laws administered by it (including any delegated powers and functions), provided that such powers and functions:(a) are designed for protecting members of the public against financial loss due to dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons concerned in the provision of banking, insurance, investment or other banking and financial activities and services, including insurance and reinsurance services, financial markets and financial and monetary brokerage services;
(b) are designed for protecting members of the public against dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons concerned in the provision of banking, insurance, investment or other financial services; or
(c) are designed for the detection, investigation and prosecution of criminal or unlawful behaviour.
(3) A DIFC Body shall maintain a register of instances where it relies on an Article 65(2) exemption, setting out:
(a) the Article concerned, to the extent that the exemption is a necessary and proportionate measure to carry out the powers and functions described in Article 65(2)(a) to (c); and
(b) the reasons for reliance on the exemption in such case.
(4) The Commissioner may inspect the register referred to in Article 65(3) and may at any time request additional information, raise a query or an objection to the exemption or conduct an investigation into the Applicable Law, regulation or public policy that supports the exemption to determine whether the exercise of the exemption complies with this Law.
(5) A DIFC Body that contravenes Article 65(2) by invalidly relying on an exemption shall be subject to any of the remedies, liabilities and sanctions set out in Part 9.