UK Bribery Act 2010
The UK Bribery Act 2010 is one of the world's strictest anti-corruption laws with far-reaching corporate liability for bribery offences.
Summary
The UK Bribery Act 2010 is one of the world's most comprehensive and stringent anti-corruption laws. It replaces all previous statutory and common law provisions relating to bribery in the United Kingdom and defines four central offences: active bribery (Section 1), passive bribery (Section 2), bribery of foreign public officials (Section 6), and the failure of commercial organisations to prevent bribery (Section 7).
Section 7 establishes a near-strict liability for corporates: a commercial organisation commits an offence if a person associated with it bribes another person with the intention of obtaining or retaining business or a business advantage — regardless of whether the management had knowledge or was involved. It is not a true strict-liability offence, however, because Section 7(2) provides a full statutory defence: the organisation avoids liability if it can demonstrate that it had adequate procedures in place to prevent bribery.
The Act has extraterritorial reach and applies to any commercial organisation that carries on a business or part of a business in the United Kingdom, irrespective of where the act of bribery takes place. Penalties include imprisonment of up to ten years and unlimited fines.
History
The Bribery Act 2010 was the result of decades of reform efforts. As early as 1998, the Law Commission recommended a comprehensive reform proposal for UK bribery law. After several unsuccessful legislative initiatives, the bill was introduced to Parliament in the Queen's Speech 2009 and received Royal Assent on 8 April 2010.
The commencement was delayed by over a year to allow the Ministry of Justice to prepare guidance on adequate procedures. This guidance was published in March 2011. The Act came into force on 1 July 2011. In February 2016, Sweett Group plc became the first company convicted under Section 7 and was ordered to pay GBP 2.25 million. The Economic Crime and Corporate Transparency Act 2023 extended the Section 7 model to a new offence of failure to prevent fraud (sections 199–206), which came into force for large organisations on 1 September 2025.
Scope
The Bribery Act 2010 has an exceptionally broad scope with strong extraterritorial reach:
- Natural persons: Any person can be prosecuted for active bribery (Section 1), passive bribery (Section 2), and bribery of foreign public officials (Section 6), provided there is a connection to the United Kingdom.
- Commercial organisations (Section 7): Any body corporate or partnership that carries on a business or part of a business in the United Kingdom is subject to Section 7 liability — regardless of place of incorporation or headquarters.
- Associated persons: The term covers employees, agents, subsidiaries, joint venture partners, consultants, and all other persons who perform services for or on behalf of the organisation.
- Extraterritorial reach: The Act captures bribery acts worldwide, provided the organisation carries on business in the United Kingdom. There is no de minimis threshold and no exception for facilitation payments.
- Public sector: Public officials and civil servants are also subject to the provisions; the offence of bribing foreign public officials specifically targets the influencing of public decisions.
Key Requirements
- Adequate procedures (Section 7(2)): Commercial organisations must demonstrate adequate procedures to prevent bribery. The Ministry of Justice's six principles comprise: proportionate procedures, top-level commitment, risk assessment, due diligence, communication/training, and monitoring/review.
- Prohibition of facilitation payments (Section 1): Unlike the US Foreign Corrupt Practices Act, facilitation payments are prohibited without exception and may constitute a bribery offence.
- Risk assessment and due diligence: Organisations must systematically assess bribery risks across their business areas, markets, and business relationships and implement proportionate countermeasures.
- Top-level commitment: Senior management must publicly commit to a zero-tolerance policy towards bribery and actively promote an anti-corruption culture.
- Training and communication: All employees and relevant associated persons must receive regular training on anti-bribery policies. Policies must be clearly communicated and accessible.
- Monitoring and review: Anti-corruption procedures must be regularly monitored, reviewed, and adapted to changing risks. This includes internal audits and whistleblowing mechanisms.
Related Frameworks
Corrections & Errata
In scope_de ('Extraterritoriale Reichweite') the text reads 'ausueebt' (extra 'e'); correct is 'ausuebt'.
Full details on the errata page →The word 'unterhaaelt' (doubled 'a') occurs twice (summary_de, scope_de). Correct is 'unterhaelt'.
Full details on the errata page →The entry covers the Economic Crime and Corporate Transparency Act 2023 only up to Royal Assent (26 Oct 2023). The failure-to-prevent-fraud offence (sections 199–206) came into force on 1 September 2025 for large organisations (turnover > GBP 36m, balance sheet > GBP 18m, > 250 employees).
Full details on the errata page →UK Bribery Act had no connections. Linked to FCPA as British equivalent.
Full details on the errata page →key_dates: 2019-03-01 corrected to 2019-03-14
Full details on the errata page →