The agreed conditions must be met within the agreed time limit for the deferral period of the indictment. An agreement on deferred criminal prosecutions (DPAs) is usually an agreement between a prosecutor and a company to resolve a case that might otherwise be prosecuted. The agreement allows for the suspension of criminal proceedings for a specified period of time, provided that the organization meets certain conditions. A CCA is carried out with the consent of a judge or under the authority of a judge. Perhaps because of the Arthur Andersen case – and the many innocent employees who found themselves in need as a result of these lawsuits – the resolution of a case by a data protection authority has become more frequent in recent years. According to a study, the Department of Justice has concluded more than 150 such agreements with defendants between 2015 and 2017. In the case of fraud or financial delinquency, a late prosecution agreement (DPA) refers to a judge-controlled agreement between the Prosecutor and the accused that the prosecution is conditionally suspended, while the defendant meets the terms of the agreement for a period of time. A Deferred Non-Prosecution Agreement (DPA), very similar to a non-prosecution agreement [1], is a voluntary alternative to the decision in which a prosecutor agrees to grant amnesty to the accused who meets certain conditions. A case of corporate fraud could be resolved, for example, by a deferred prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms and cooperate fully with the investigation. Compliance with the requirements then results in the termination of the royalties. [2] Discussions on the possible introduction of a Criminal Prosecution Act in Canada began in February 2016. Prior to the CCA, Canada already had a „prosecutorial discretion“ that „allowed insulting companies to negotiate a non-criminal penalty for a misdemeanor.“ [9] In June 2018, Canada adopted a CCA through provisions of the C-74 omnibus budget implementation act, which amended the penal code.

[10] [11] According to the Law Times, the data protection authority is changing the way Canadian courts prosecute economic crime, which involves a redress system in which offenders can escape conviction if they „cooperate with the Crown and the courts.“ [10] The Times quoted Ottawa-based lawyer Patrick McCann as saying that the DPA would „align Canada with many other countries that have deferred policing agreements, including the United States, the United Kingdom and most other European countries.“ [10] According to McCann, the data protection authority „deals with the injustice of the situation if you have a large company that has a senior rogue officer,“ who has committed a crime for which the entire company is held responsible. [10] McCann stated that the CCA was fair to investors in companies that were innocent of any wrongdoing. [10] Staff, shareholders and other stakeholders of the company can therefore take comfort in the agreement that the organization is not being sued for specific events. However, this situation is subject to strict conditions, the violation of which may lead to the termination of the contract and the reopening of the criminal procedure (see practical note: violation of a data protection authority).