UK companies must take full responsibility for the actions of their employees and in their commercial activities act in accordance with the law
David Green CB QC, Director of the Serious Fraud Office
The Bribery Act 2010 came into force on 1 July 2011. The Act created a new offence under section 7 which can be committed by commercial organisations which fail to prevent persons associated with them from committing bribery on their behalf.
It is a full defence for an organisation to prove that despite a particular case of bribery it nevertheless had adequate procedures in place to prevent persons associated with it from bribing.
Government guidance on the Bribery Act 2010
The Act imposes stringent compliance requirements on UK companies to prevent the commission of offences under the Act.
It is the responsibility of commercial organisations to put in place adequate and proportionate procedures to prevent persons associated with them from committing bribery, in line with guidance from the Government. The burden remains on the commercial organisation to prove that it had adequate procedures in place to prevent bribery. We regularly assist UK and international companies with regulatory and statutory compliance in England and Wales.
- Developing and implementing a legal compliance program
- Compliance and enforcement issues
- Government policy and section 7 of the Bribery Act 2010
- Proportionate procedures
- Top-level commitment
- Risk assessment
- Due diligence
- Communication and training
- Monitoring and review
- Anti-corruption compliance
- Information security compliance and consumer protection under the Data Protection Act 1998
- Corporate compliance under the Companies Act 2006
- Cyber-security risk and compliance
- Avoiding criminal liability for directors and officers.