Bribery Act 2010

A top New Year priority for many in house lawyers will be to ensure that their organization has adequate procedures in place to comply with the Bribery Act 2010. Coming into force in April 2011, the Act includes a ‘corporate offense’ provision – the failure by a commercial organization to prevent bribery. It is a strict liability offense, or, perhaps more accurately, one of vicarious liability based upon the actions of the associated person. However, notwithstanding an offense of bribery, there is a defense available if an organization can prove, on the balance of probabilities, that it had in place adequate procedures designed to prevent associated persons from paying bribes. While the Act is not retrospective, it will be enacted in three short months. Companies must ensure that they have sound anti-corruption policies and procedures in place. Click here to view an article from Shoosmiths that shares helpful tips on creating an effective compliance plan.