For any company facing criminal proceedings, especially for financial fraud and bribery, it is important to understand the legal possibilities available to limit damages. Such a path is the continuation of a deferred order-keeping agreement (DPA). Here, we describe the purpose of a deferred policing agreement on how a company can maximize its chances of entering into such an agreement and the benefits it presents. Asked by a member of the Assembly about the terms of the “conditional warning” to the company, the Minister of State for Finance and Law, Ms. Indranee Rajah, said: “It is not our practice to disclose the conditions of conditional warnings… In other words, conditional warnings are things that have been given by agencies in the past, but in general practice we do not disclose their exact terms. Singapore Parliamentary Debates, Official Report (January 8, 2018) (Indranee Rajah, Senior Minister of the State of Finance and Law). See www.agc.gov.sg/legal-processes/publication-of-prosecution-guidelines. Many of the other benefits of data protection authorities are directed to law enforcement or law enforcement (although victims sometimes benefit from monetary compensation), and this may be why they are becoming a bit of a global trend. Data protection authorities, which originate from US regulators and are often used by US regulators, were introduced in England in 2014 and were subsequently set up as part of four enforcement measures by the UK Office for Serious Fraud (SFO). Other countries where the DPA mechanism is available are France and Argentina and it will soon be available in Canada.
In the Asia-Pacific region, data protection authorities have recently been adopted in Singapore and Australia is expected to follow suit soon. There are rumours that Indonesia and India could also ensure that they are adopted. www.nortonrosefulbright.com/knowledge/publications/158656/deferred-prosecution-agreement-scheme-and-failure-to-prevent-bribery-offence-for-australia. See also www.ag.gov.au/Consultations/Documents/Deferred-prosecution-agreements/Norton-Rose-Fulbright.PDF for Norton Rose Fulbright The response to Australia`s public consultation on the pending prosecution agreements in May 2016.www.ag.gov.au/Consultations/Documents/Deferred-prosecution-agreements/Norton-Rose-Fulbright.PDF APA therefore allows a company to continue costly without risk of lengthy criminal investigation and prosecution.