Discussions in the Attorney General`s Office on EPAs are still in their infancy and a consultation is expected to be published next year. Overall, data protection authorities are likely to include deferred prosecutions of two to three years in conjunction with an agreement not to engage in illegal conduct again, to maintain strict policies and procedures to prevent such illegal behavior from recurring, to engage a controller in appropriate cases, and to pay a potentially significant fine. With regard to the FSOS` commitment to victims and witnesses, the FSOF will seek financial compensation as far as possible and taking into account the considerations set out below. To the extent possible, compensation should be fully assessed with the victim(s) concerned as part of the ODA investigation and negotiation process and all statements obtained on the impact on victims should be requested. [67] It should be noted that when concluding a DPA, the FSOS does not seek a compensation order[68] from the court, but pays the compensation on a date prescribed by the DPA. Perhaps most importantly, from a defendant`s perspective, a negotiated criminal complaint agreement does not protect against the collateral consequences of a conviction for fraud or corruption offences, such as confiscation of the proceeds of illegal conduct (which is not limited to profits) and exclusion from EU PUBLIC PROCUREMENT. If a company`s customers include government agencies, this exclusion can be devastating. If it is not possible to remedy the company`s failure in this way, the prosecutor may apply to a court to determine that the company is in breach of the DSA and may appeal appropriately. The compensation sought depends on the circumstances of the case. Whether or not there is a violation is determined on the basis of the balance of probabilities, and the strongest party to the request may claim costs from the other party. [91] If the company played a leading role in the procurement and review of its own documents, at para.

B example, if it has conducted an internal investigation and/or reported the misconduct that is the subject of the FSOS`s own investigation, it should have sufficient knowledge of the strength of that evidence. In such cases, the disclosure requirements imposed by the DSA Code would only require the FSO to disclose additional information that could undermine the conclusions that might be drawn from the front of those documents or affect the admissibility of that evidence. For the sake of clarity, prior to the start of negotiations, the Company`s consent should be obtained so that the FSOs do not provide it with any company documents for disclosure purposes. Any request for disclosure by the Company must be specific and motivated. [37] In assessing whether a DPA is in the public interest rather than in the context of prosecution, the prosecutor must consider the public interest factors set out in the Crown Prosecutors Code. [10] The purpose of a deferred prosecution agreement is to promote the voluntary disclosure of infringements committed by companies to the FSOS and to avoid criminal prosecution of the business entity through a process of cooperation and negotiation. Instead of criminal sanctions, the parties agree on civil sanctions such as a fine, payment of compensation to victims, and the establishment of internal measures and procedures to prevent future offenses. At the end of the DPA, the prosecutor, if respected, should tell the court that he does not want the proceedings to continue. [106] Where appropriate, consultations with all observers should take place prior to recruitment. [107] While it is at the prosecutor`s discretion to ask a company to enter into a DPA, subject to the above criteria, it is often the company`s response that determines whether it is offered or available.

Even if a company itself reports its misconduct from the beginning, it must cooperate sincerely and openly with prosecutors. This means that the Public Prosecutor`s Office must in no way be hindered in its investigations and must have unhindered access to the necessary information. .