Why this matters.
The Bribery Act 2010 created a strict corporate offence: a business can be held criminally liable if a person associated with it (an employee, agent, or contractor) bribes someone to obtain or retain business or a business advantage for the company — even if senior management knew nothing about it. The only defence is showing the business had “adequate procedures” in place to prevent bribery, as set out in Ministry of Justice guidance.
This isn’t just a concern for large corporations dealing overseas. Small businesses are exposed wherever there’s discretion involved in winning contracts — gifts and hospitality to clients, payments to agents or introducers who help win business, or facilitation payments in certain markets. A proportionate anti-bribery policy, a clear gifts and hospitality process, and basic due diligence on agents and partners can establish the “adequate procedures” defence and reduce real risk.