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ARTICLE · 29 NOVEMBER 2024

First Dutch Policy And Guidelines For Self-Reporting, Cooperation, And Self-Investigation

Greenberg Traurig
Greenberg Traurig
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Greenberg Traurig

Greenberg Traurig

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In recent years, the Netherlands has engaged in extensive discussions about self-reporting, cooperation, and the role of corporate internal investigations in criminal cases.

NetherlandsCorporate/Commercial Law
Go-To Guide:
  • The Netherlands has introduced a new policy and guidelines for self-reporting, cooperation, and self-investigation in cases of financial economic crime, aiming to enhance corporate transparency and accountability.
  • Companies can receive up to a 25% reduction in fines for self-reporting and 25% for full cooperation, potentially totaling a 50% reduction. These incentives do not apply to disgorgement claims or other financial obligations.
  • To qualify for incentives, self-reports and cooperation must be voluntary, complete, timely, and transparent, ensuring full disclosure of relevant data, documents, and assets.
  • Some aspects of the policy remain unclear or trigger concern, such as the practical application and calculation of the actual discount and the safeguarding of the position of employees, witnesses, and involved individuals.

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