Anti-bribery and Corruption FAQs

Anti-bribery and corruption refers to the measures organisations put in place to prevent people from offering, giving, requesting, or accepting anything of value to gain an improper advantage. Bribery is one form of corruption, involving undue influence over decisions or outcomes.

Effective anti bribery and corruption practices help organisations comply with the law, protect their reputation, and promote fair, ethical business conduct.

Anti bribery measures protect organisations from legal, financial, and reputational harm, support fair and transparent business practices, and help maintain trust with customers, partners, and regulators. They also ensure compliance with laws such as the Bribery Act 2010, which imposes strict penalties for failing to prevent bribery.

Bribery involves offering, giving, requesting, or accepting anything of value to influence a decision or secure an improper advantage. This can include cash, gifts, hospitality, favours, job offers, donations, or any benefit intended to sway someone’s actions. It is still bribery whether the benefit is provided directly or via someone else, and it applies even if the bribe does not achieve the intended outcome.

An example of bribery is offering a decision-maker money, gifts, or lavish hospitality to secure a contract or influence a business outcome. For instance, providing an unofficial “facilitation payment” to a public official to speed up a permit approval would be considered bribery.

Anti bribery laws are set out in the Bribery Act 2010, which creates four main offences:

• Bribing another person.
• Being bribed.
• Bribing a foreign public official.
• Failing to prevent bribery by anyone acting on behalf of an organisation.

The Act applies to individuals and organisations operating in or connected to the UK, and it requires businesses to have ‘adequate procedures’ in place to prevent bribery.

The Bribery Act 2010 sets out four offences:

1. Bribing another person – offering, promising, or giving a bribe.
2. Being bribed – requesting, agreeing to receive, or accepting a bribe.
3. Bribing a foreign public official.
4. Failing to prevent bribery – a corporate offence where an organisation does not have adequate procedures to stop bribery by those acting on its behalf.

Anti bribery laws in the UK apply to individuals and organisations. This includes:

• Anyone located in the UK.
• UK companies operating anywhere in the world.
• Foreign companies or individuals if part of the bribery conduct occurs in the UK.
• Anyone “associated” with an organisation (such as employees, agents, contractors, and subsidiaries) when performing services on its behalf.

Anyone connected to UK business activity is required to follow the Bribery Act 2010.

The Act has extraterritorial reach, meaning a bribery offence can be prosecuted in the UK even if it takes place wholly overseas, provided there is a sufficient UK connection. This includes situations where the person committing the offence is a UK citizen, UK resident, or a company incorporated in the UK, or where a UK organisation carries on business in the UK.

In addition, an organisation can be liable under Section 7 (failure to prevent bribery) if an associated person, such as an agent or subsidiary, commits bribery anywhere in the world to obtain or retain business for that organisation.

Section 7 of the Bribery Act 2010 creates the corporate offence of failing to prevent bribery. It means an organisation is liable if someone associated with it (such as an employee, agent, or contractor) bribes another person to benefit the organisation.

The only defence is for the organisation to show that it had adequate procedures in place to prevent bribery.

There are six anti bribery principles in the UK Government’s guidance on adequate procedures under the Bribery Act 2010. They are:

1. Proportionate procedures – Controls should match the organisation’s nature, size, and bribery risks.
2. Top-level commitment – Senior leaders must set the tone and promote a culture of integrity.
3. Risk assessment – Bribery risks must be identified, assessed, and reviewed regularly.
4. Due diligence – Appropriate checks should be carried out on third parties, partners, and high-risk transactions.
5. Communication and training – Policies must be clearly communicated, with training provided where needed.
6. Monitoring and review – Anti-bribery measures should be routinely monitored and improved over time.

To comply with the Bribery Act 2010, organisations must:

• Prohibit bribery in all forms and ensure staff understand this.
• Put in place adequate procedures to prevent bribery, following the six government principles (proportionate procedures, leadership, risk assessment, due diligence, communication/training, monitoring/review).
• Carry out due diligence on third parties and high-risk activities.
• Provide clear reporting routes for concerns.
• Regularly review and update policies and controls to ensure they remain effective.

These steps help demonstrate that the organisation has taken reasonable measures to prevent bribery.

An anti-bribery and corruption policy sets out an organisation’s rules and expectations for preventing bribery and other corrupt practices. It explains what counts as unacceptable behaviour, outlines procedures such as due diligence and reporting, and helps ensure compliance with legislation like the Bribery Act 2010.

The purpose of an anti bribery and corruption policy is to promote ethical conduct, protect the organisation, and guide employees in handling potential risks.

While the Bribery Act 2010 doesn’t explicitly require a written policy, organisations must have adequate procedures to prevent bribery, and official government guidance makes clear that this is expected.

A documented anti bribery policy is the simplest ways to demonstrate compliance with legal requirements, so most organisations trading in the UK do need one in practice.

Key principles of an anti-bribery policy include:

• Zero tolerance for bribery and corrupt conduct in any form.
• Clear rules on gifts, hospitality, and expenses, including what is allowed and what must be declared.
• Due diligence on suppliers, agents, and partners to identify and manage risk.
• Transparent procedures for reporting concerns or suspected bribery.
• Training and communication to ensure staff understand their obligations.
• Monitoring and review to keep controls effective and up to date.

Yes. Under the UK Bribery Act 2010, a company can be held responsible for the actions of its agents, consultants, intermediaries, and other associated persons if they engage in bribery while performing services for the organisation.

An organisation commits an offence if an associated person bribes someone to obtain or retain business or a business advantage for the organisation, even if senior management had no knowledge of the conduct. The only statutory defence is for the organisation to show that it had adequate procedures in place to prevent bribery, such as proportionate policies, due diligence on agents, training, and effective oversight.

Before onboarding a new partner, proportionate anti-bribery due diligence should be carried out. This includes:

• Identity and ownership checks to understand who owns and controls the partner
• Clarifying the services provided and where they will operate, especially in high-risk countries or sectors
• Reviewing the partner’s reputation and history, including any bribery, fraud, or regulatory issues
• Checking that fees or commissions are reasonable and transparent
• Assessing the partner’s anti-bribery policies, training, and controls
• Putting in place contractual safeguards, such as anti-bribery clauses, audit rights, reporting duties, and termination rights

The level of due diligence should be risk-based, with more detailed checks for higher-risk partners or agents.

When dealing with third parties, common red flags that may indicate a bribery risk include requests for unusual or excessive payments, such as large commissions, cash payments, or payments made through offshore or third-party accounts with no clear justification.

A lack of transparency is another warning sign, for example where a third-party refuses to explain how fees are calculated, resists due diligence checks, or provides vague or incomplete information about their ownership or experience.

Other red flags include a close personal or family connection to public officials or key decision-makers, especially where this is not disclosed, or pressure to bypass normal procedures, speed things up, or keep arrangements confidential.

You should also be cautious where a third party asks for hospitality, gifts, or payments to be made at a critical decision point, such as during a tender or contract award, or where they suggest that bribery is “how business is done” in a particular country or sector.

Anything that feels disproportionate, secretive, or designed to avoid scrutiny should be treated as a warning sign and reported through the appropriate internal channels.

Yes, corporate hospitality is still allowed under the Bribery Act 2010, provided it is reasonable, proportionate, and not intended to improperly influence a business decision.

The Act does not prohibit genuine hospitality or promotional expenditure, such as taking clients to events or providing modest gifts. However, hospitality becomes a risk if it is excessive, frequent, or timed to influence a specific decision, or if it creates an expectation of favourable treatment.

Organisations should ensure hospitality is:

• Transparent and properly recorded
• Proportionate to the business relationship
• Consistent with internal policies
• Not linked to a decision, tender, or contract award

Clear policies, approval processes, and staff training are key to ensuring hospitality remains lawful and defensible under the Bribery Act 2010.

The difference between a gift and a bribe lies in intent, value, and expectation.

A gift is given openly as a token of goodwill or courtesy, is low value, proportionate, and not linked to any business decision or advantage. It is usually given transparently and in line with organisational policy.

A bribe is something of value offered, promised, or given with the intent to influence someone to act improperly, or to secure an unfair advantage. It may be high value, secretive, timed around a decision, or create an expectation of favourable treatment.

A facilitation payment is a payment made to a public official to speed up or secure a routine action that the official is already obliged to perform. Under the UK Bribery Act 2010, facilitation payments are illegal.

Yes, offering discounts to certain clients is lawful and not bribery, provided the discounts are genuine commercial arrangements and not intended to induce improper behaviour.

Under the Bribery Act 2010, a discount would only be problematic if it is offered with the intention of influencing someone to act improperly, for example to secure an unfair advantage, bypass controls, or reward misuse of their position.

To stay clearly on the right side of the law, discounts should be:

• Transparent and documented
• Based on legitimate business criteria (such as volume, contract length, loyalty, or market conditions)
• Approved in line with internal pricing and governance processes
• Not linked to an individual’s personal benefit or a specific improper decision

Commercial discounts are allowed; they become a bribery risk only if they are used to improperly influence behaviour rather than as part of normal, defensible business practice.

Yes. Charitable and political donations are covered by anti-bribery policies because they can be misused to obtain an improper business advantage.

Under the Bribery Act 2010, a donation may be considered a bribe if it is made with the intention of influencing a decision or securing favourable treatment, rather than for genuine charitable or political purposes.

To remain compliant, donations should be:

• Genuine and transparent
• Approved in advance through the organisation’s governance process
• Properly recorded
• Not linked to a business decision, contract, or regulatory outcome
• Not made at the request of a decision-maker or public official

Donations are not prohibited, but they must never be used to improperly influence individuals or organisations.

If you are offered a bribe, you should refuse it immediately and make it clear that you cannot accept it. You should not negotiate, accept, or imply that it might be considered later.

As soon as possible, you should report the offer in line with your organisation’s anti-bribery or whistleblowing procedure, providing clear details of what was offered, by whom, and in what circumstances. Any evidence should be preserved, and you should not attempt to investigate the matter yourself.

If you feel under pressure or the situation involves senior individuals, reporting through a confidential or external whistleblowing route may be appropriate. Acting promptly and transparently helps protect you personally and allows the organisation to take proper action.

If you suspect bribery, you should report it as soon as possible using your organisation’s anti-bribery or whistleblowing procedures. This may involve raising the concern with a manager, compliance officer, HR, or a designated reporting line.

You should record the facts clearly and objectively, including who was involved, what happened, and when, and keep any relevant evidence.

You should not try to investigate the matter yourself. If the concern cannot be raised internally or involves senior management, it may be reported externally through appropriate whistleblowing routes.

UK whistleblowing law provides protection for workers who make a genuine report in good faith.

Yes, you can be protected if you report a bribery concern, provided it meets the requirements of UK whistleblowing law.

Under the Public Interest Disclosure Act 1998, workers are protected from dismissal or detriment if they raise a genuine concern about bribery in the public interest and follow the appropriate reporting routes. This usually means reporting the concern internally using your organisation’s whistleblowing procedure, or externally to a prescribed body if internal reporting is not appropriate.

The protection applies even if the concern later turns out to be mistaken, if it was raised honestly and reasonably.

Yes, it is possible to be held personally liable for a bribe you did not personally authorise, but only in specific circumstances set out in law.

Under the UK Bribery Act 2010, an individual may be personally liable if a bribery offence was committed with their consent or connivance (section 14). This means the individual knew about the bribery, approved it, or deliberately turned a blind eye to it. Personal liability does not arise simply because a bribe occurred within the organisation or because anti-bribery procedures were inadequate.

By contrast, under section 7, an organisation can be strictly liable for failing to prevent bribery by an associated person unless it can show it had adequate procedures in place. This organisational liability does not automatically transfer to individuals.

Breaching the UK Bribery Act 2010 carries serious criminal penalties. Individuals can face up to 10 years’ imprisonment, an unlimited fine, or both.

Organisations can receive unlimited fines, may be excluded from public contracts, and can suffer significant reputational and regulatory consequences.

Directors and senior managers may also be held personally liable where offences are committed with their consent or connivance.