The arrangements for obtaining CMA approval of an adviser and for giving undertakings in respect of an adviser are: notice of not less than [insert time e.g. 2 CMA working days] must be – given to the CMA of the date on which the adviser first wishes be granted access the Confidentiality Ring (‘the Access Date’); by 4pm on the CMA Working Day before the Access Date the Individual Undertakings signed by the adviser and, if relevant, the Firm Undertakings signed on behalf of the adviser’s firm/employer, must be provided to (and received by) the CMA; before the adviser attempts to access the Confidentiality Ring, confirmation in writing must be obtained from the CMA that it has approved the adviser and has accepted the signed Individual Undertakings and, if relevant, the signed Firm Undertakings; Subject to the Individual Undertakings and the Firm Undertakings, the CMA will make the Disclosed Material available to [the Authorised Advisers] [Name of Adviser] by encrypted Egress email [unless otherwise specified in Schedule 1]. [Each Authorised Adviser] [[Name of Adviser] will then be permitted: [provided the Disclosed Material is password-protected, to download the Disclosed Material via Egress onto a computer or into a secure folder on a server of the Authorised Adviser’s firm/employer]; and to print copies provided each Authorised Adviser only has one hard copy in existence at any one time (each a Copy’) ‘Permitted of the Disclosed Material other than in accordance with the Individual Undertakings, is not permitted without the express and prior written consent of the CMA. Breach of the Individual Undertakings by an Authorised Adviser or of the Firm Undertakings by an Authorised Adviser’s firm/employer may result in: the CMA: in the case of a breach by an Authorised Adviser, terminating the Authorised Adviser’s access to the Confidentiality Ring and refusing the Authorised Advisor access to any subsequent disclosure room or confidentiality ring run by the CMA, whether relating to the Investigation or any other investigation; in the case of a breach by a firm/employer, terminating the firm/employer’s participation in the Confidentiality Ring and refusing a request to participate in any subsequent disclosure
The arrangements for obtaining CMA approval of an adviser and for giving undertakings in respect of an adviser are: notice of not less than [insert time – e.g. 2 CMA working days] must be given to the CMA of the date on which the adviser first wishes be granted access the Confidentiality Ring (‘the Access Date’); by 4pm on the CMA Working Day before the Access Date the Individual Undertakings signed by the adviser and, if relevant, the Firm Undertakings signed on behalf of the adviser’s firm/employer, must be provided to (and received by) the CMA; before the adviser attempts to access the Confidentiality Ring, confirmation in writing must be obtained from the CMA that it has approved the adviser and has accepted the signed Individual Undertakings and, if relevant, the signed Firm Undertakings; Subject to the Individual Undertakings and the Firm Undertakings, the CMA will make the Disclosed Material available to [the Authorised Advisers] [Name of Adviser] by encrypted Egress email [unless otherwise specified in Schedule 1]. [Each Authorised Adviser] [[Name of Adviser] will then be permitted: [provided the Disclosed Material is password-protected, to download the Disclosed Material via Egress onto a computer or into a secure folder on a server of the Authorised Adviser’s firm/employer]; and to print copies provided each Authorised Adviser only has one hard copy in existence at any one time (each a ‘Permitted Copy’) of the Disclosed Material other than in accordance with the Individual Undertakings, is not permitted without the express and prior written consent of the CMA. Breach of the Individual Undertakings by an Authorised Adviser or of the Firm Undertakings by an Authorised Adviser’s firm/employer may result in: the CMA: in the case of a breach by an Authorised Adviser, terminating the Authorised Adviser’s access to the Confidentiality Ring and refusing the Authorised Advisor access to any subsequent disclosure room or confidentiality ring run by the CMA, whether relating to the Investigation or any other investigation; in the case of a breach by a firm/employer, terminating the firm/employer’s participation in the Confidentiality Ring and refusing a request to participate in any subsequent disclosure
templates-cma-confidentiality-rings-undertakings.docx