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鈥� 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