CH194990 - Electronic sales suppression: penalty for making, supplying or promoting an electronic sales suppression tool: reductions for disclosure: quality of disclosure: determining the quality of disclosure
The penalty percentage can be reduced depending upon the quality of disclosure. There are three elements that we consider when a person makes a disclosure; and the person might make a disclosure which consists of more than one of these elements. A person can make a disclosure by
- telling us about the tool, that is that it exists, explaining how it works, how it can be identified, and what data is altered, mis-reported or destroyed as a result of its use (telling);
- providing reasonable help in establishing who the tool has been supplied or made available to, how its use can be detected within customers’ systems, the level of use and identification of data altered or manipulated (helping);
- allowing us access to records and documents for the purpose of assisting our understanding of both of the above, as well as providing copies / examples of the tools themselves (giving access)
The elements of disclosure reduction, and the credit we will give for them within the penalty range, are as follows
| Element of disclosure | Percentage |
|---|---|
| Telling | 30% |
| Helping | 40% |
| Giving | 30% |
| Total | 100% |
To arrive at the disclosure reduction, you need to assess the quality of each of the three elements of the disclosure by reference to
- timing
- nature
- extent