Another sherry, Vicar? A Practical Guide to the Bribery Act 2010

There is a renewed determination among the UK authorities to be seen to be tackling corruption, both domestically and internationally. With the passing of the Bribery Act 2010 (the Act), businesses operating in the UK will soon face a new exposure to criminal liability, including liability for the unauthorised actions of their employees, subsidiaries and agents, against a background of already heightened Serious Fraud Office enforcement activity.

Exposure can be minimised only by applying appropriate anti-corruption policies and procedures. For many businesses, this may involve nothing more radical than an assessment, and possible evolution, of their existing policies and practices. However, it is now essential that commercial organisations operating in the UK review their existing arrangements and implement anti-corruption policies and procedures which do not merely prohibit bribery, but actively seek to prevent it where it might arise.

This note provides practical guidance for clients on the steps to take in response to the Act, including points for businesses to consider when evaluating or designing anti-corruption compliance programmes to ensure they include appropriate anti-corruption procedures and, specifically, the implications of the Act for corporate hospitality, including factors for businesses to take into account when designing their corporate entertainment and corporate gift policies.

Jonathan Cotton (partner), Richard de Carle (partner)