Key takeaways

In an eagerly awaited decision with potentially wide-ranging ramifications for the UK enforcement landscape, a senior UK judge yesterday approved the first ever UK DPA, and laid out important public interest factors justifying the application of the new UK DPA regime. The decision emphasizes:

• The need for speedy reporting of any suspected issues to the UK authorities, as well as the requirement to coordinate any internal investigation with them;
• A clear requirement of continued cooperation with the authorities, including in any subsequent prosecutions of individuals;
• A potentially expansive view of the meaning of “associated persons” under the corporate offence in the Bribery Act 2010; and
• The robust application of the new UK corporate sentencing regime.