Overview

Many UK-based businesses are considering what steps they need to take to prepare for the Bribery Act 2010 when it comes into force in April next year, with the business community particularly concerned about the new corporate offence of failing to prevent bribery. Whilst a company may have a defence if it can show that it had ‘adequate procedures’ in place to prevent bribery occurring, what does ‘adequate procedures’ actually mean?

The Government has just published draft guidance on what is meant by ‘adequate procedures’, and although following the guidance will not of itself be a safe harbour from prosecution, it will be a good starting point, particularly for businesses who do not already have comprehensive antibribery policies and procedures in place.

The guidance rests on six fundamental principles which Travers Smith has reproduced below, to which the firm added a short practical commentary.