MDPPACPB Regulations

Page 108 of 127
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1. Purpose 
 
1.1 This Protocol establishes the framework governing the handling, protection, 
and disclosure of information provided to the Authority by applicants under 
the Leniency Policy. 
1.2 Its objectives are to: 
    (a) Protect the integrity of leniency applications; 
    (b) Safeguard sensitive commercial information and trade secrets; 
    (c) Ensure compliance with data protection and due process obligations; 
and 
    (d) Promote trust in the Authority’s leniency programme. 
 
 
2. Scope 
 
2.1 This Protocol applies to all: 
    (a) Leniency applications submitted under the Regulations; 
    (b) Documents, data, and evidence provided in support of such 
applications; and 
    (c) Communications between the Authority, applicants, and cooperating 
third parties in the context of leniency proceedings. 
 
 
3. General Rule of Confidentiality 
 
3.1 All leniency applications and related evidence shall be treated as strictly 
confidential by the Authority. 
3.2 Confidentiality shall extend to: 
    (a) The identity of the applicant; 
    (b) The fact that an application has been made; 
    (c) The content of documents and testimony provided; and 
    (d) Any internal deliberations or draft decisions of the Authority. 
 
 
 
 
4. Permitted Disclosure 
 
The Authority may disclose leniency-related information only under the 
following circumstances: 
 
4.1 Statutory or Legal Obligation 
    (a) Disclosure required by a court order, statutory provision, or lawful 
directive. 
    (b) In such cases, the Authority shall notify the applicant in advance, unless 
prohibited by law.