4 September 2020

The compliance monitor as a transaction condition: has the Dutch legislator learned from the experience in the United States?

The draft bill in response to the evaluation of the Prosecution Proceedings Act introduces the possibility for the Public Prosecution Service to impose as a condition for a transaction the observance of instructions in the context of conduct supervision aimed at compliance policy. The accompanying explanatory memorandum clarifies that this could include the appointment of a compliance monitor. This article examines to what extent the draft bill is in line with international developments on this point, specifically the experiences gained in the United States - a forerunner in this area - with the compliance monitor.