Creating an Anti-Bribery & Corruption Policy (UK)

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

In the UK, having an effective anti-bribery and corruption policy is an essential component of running a successful business. Not only does it help to protect from financial loss, reputational damage, and legal action, but it also serves as a deterrent for those considering engaging in activities of this nature. As a signatory to the Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention, businesses in the UK must have such a policy in place in order to be compliant with international legislation - or face serious consequences.

The components of an effective anti-bribery and corruption policy should include definitions of bribery and corruption, procedures to follow when faced with a bribe offer or acceptance, sanctions that will be applied in the event of any breach, as well as communication protocols between relevant parties. Having this sort of policy in place not only helps to prevent bribery or corruption from occurring in the first place but can also provide organizations with some protection against potential legal action should they fall foul of the Bribery Act 2010. Furthermore, taking steps towards creating such policies can demonstrate positive intentions which may be viewed favourably by stakeholders, customers, and investors - ultimately providing additional security for both your organization’s reputation and bottom line.

At Genie AI we understand how important having an effective anti-bribery & corruption policy is for businesses across the UK - which is why we’ve created ‘the world’s largest open source legal template library’. With millions of datapoints our AI understands what a market standard AB&C policy looks like - helping anyone to draft customized legal documents without having to pay for services from lawyers or solicitors. Our templates are free and accessible via our website immediately – so no need to set up accounts either! So if you want help tailoring your AB&C document then read on below for our step-by-step guidance on how you can get access today!

Definitions (feel free to skip)

Bribery: Giving or offering an advantage or reward to someone in order to influence their actions.

Corruption: Misusing a position of power for personal gain.

Relevant UK Laws: Laws that are related to bribery and corruption in the United Kingdom such as the Bribery Act 2010, the Fraud Act 2006 and the Proceeds of Crime Act 2002.

Policy Objectives: Goals and aims of an anti-bribery and corruption policy.

Roles and Responsibilities: The duties and tasks assigned to members of an organization to ensure the policy is enforced.

Monitor and Enforce: To supervise and make sure the policy is being followed.

Consequences of Non-Compliance: The punishments that occur when someone does not adhere to the policy.

Communicate: To make other people aware of something.

Materials: Resources such as handbooks, videos, newsletters, etc.

Training: Teaching people about a policy or procedure.

Review and Update: To look back over a policy and make changes if needed.

Procedures: Steps and processes to be followed in a particular situation.

System: An organized method of doing something.

Report: To provide information about something.

Resources and Guidance: Sources of information that can provide help.

Contents

• Research and define bribery and corruption and the relevant UK laws
• Develop and document an effective anti-bribery and corruption policy
• Outline the policy objectives
• Define the roles and responsibilities of members of the organization
• Establish processes for monitoring and enforcing the policy
• Describe the consequences of non-compliance
• Communicate the policy to relevant staff and stakeholders
• Create and distribute materials to help staff understand and comply with the policy
• Establish processes for training staff on the policy
• Develop processes for regularly reviewing and updating the policy
• Implement procedures for documented instances of bribery and corruption
• Set up a system to monitor and review cases of bribery and corruption
• Establish a reporting process for any suspicious or unethical activities
• Identify and list available resources and guidance for further information

Get started

Research and define bribery and corruption and the relevant UK laws

• Research and read up on the UK Bribery Act 2010, which defines bribery and corruption
• Understand the offences and penalties that can result from bribery and corruption according to the UK Bribery Act 2010
• Read up on the UK Bribery Act 2010 Code of Practice, which provides guidance on how to prevent bribery and corruption
• Research and read up on other relevant UK laws and regulations, such as the Competition and Markets Authority (CMA) guidance
• Once you have gained a thorough understanding of bribery and corruption and the relevant UK laws and regulations, you are ready to move on to the next step.

Develop and document an effective anti-bribery and corruption policy

• Gather the relevant stakeholders and discuss your expectations for the policy
• Draft the policy to reflect the agreed expectations and ensure it is compliant with the relevant UK laws
• Consult with legal counsel to ensure the policy meets all legal requirements
• Finalize the policy and document it appropriately
• Distribute the policy to all relevant stakeholders
• Ensure everyone is aware of the policy and has read and understood it
• Provide training and guidance to ensure everyone is familiar with the policy and their obligations under it
• Monitor and track compliance with the policy

How you’ll know when you can check this off your list and move on to the next step:
You will know you have successfully completed this step when you have completed all of the above steps, and have a documented and legally compliant anti-bribery and corruption policy that is distributed to all relevant stakeholders and they have received training and guidance in understanding their obligations under the policy.

Outline the policy objectives

• Set measurable objectives that are in line with the organization’s risk appetite
• Ensure the objectives are appropriate for the organization’s size and sector
• Outline what is expected of staff and other associated persons
• Describe how the organization will monitor and review the effectiveness of the policy
• Establish how and when the policy will be updated
• Outline the consequences of breaching the policy

You know you can check this step off your list when you have set measurable objectives, outlined expectations, described how the organization will monitor and review the policy, established how and when the policy will be updated, and outlined the consequences of breaching the policy.

Define the roles and responsibilities of members of the organization

• Assign roles and responsibilities to members of the organization related to preventing, detecting, and resolving instances of bribery and corruption
• Assign roles clearly to ensure everyone is aware of their responsibilities
• Develop job descriptions and role profiles that clearly describe the elements of the policy that the individual is responsible for
• Include roles such as a Compliance Officer, a Financial Controller, and any other roles that are necessary to ensure the policy is properly implemented
• When the roles and responsibilities are outlined in detail, the organization can determine the resources and training needed for these roles
• Track progress on this step to ensure it is completed and that all roles and responsibilities are clearly defined

How you’ll know when you can check this off your list and move on to the next step:
Once the roles and responsibilities of the members of the organization have been assigned, you can move on to the next step of establishing processes for monitoring and enforcing the policy.

Establish processes for monitoring and enforcing the policy

• Outline processes for monitoring and enforcing the policy, including who is responsible for carrying out the processes and how they will be implemented
• Ensure that employees are aware of the processes and can easily report any violations
• Establish a system for investigating reports of violations and taking appropriate action
• Document any violations and the action taken
• Establish a system of regular reviews and audits to ensure the policy is being followed
• Update and communicate policy changes to employees as needed

You’ll know you can check this step off your list and move on to the next step when you have a system in place to monitor and enforce the policy, including outlining the responsible parties, creating a system for investigating reports of violations, and setting up regular reviews and audits.

Describe the consequences of non-compliance

• Clearly outline the potential consequences for non-compliance with the policy, such as disciplinary action, suspension, or dismissal
• Ensure that the consequences are proportional to the severity of the breach
• Publish a list of potential sanctions to ensure staff are aware of the consequences
• Make sure that these sanctions are regularly reviewed and updated
• Ensure that any breaches are documented and monitored
• When you have clearly outlined the potential consequences, you can move on to the next step.

Communicate the policy to relevant staff and stakeholders

• Draft a communication plan to explain the policy and its purpose to all relevant staff and stakeholders
• Develop materials such as posters, emails, intranet notices, and video presentations to help explain the policy
• Distribute the communication materials to relevant staff and stakeholders
• Arrange face-to-face meetings or virtual sessions to discuss the policy with employees
• Implement a review process to ensure everyone understands the policy and its implications
• Follow up with staff regularly to remind them of the policy and answer any questions
• When all communication materials have been distributed and all staff have had the opportunity to understand the policy, check this step off the list and move on to the next step.

Create and distribute materials to help staff understand and comply with the policy

• Prepare materials such as handbooks, training slides, or videos to explain the policy and its implications
• Ensure the materials provide clear guidance to employees on how to comply with the policy
• Distribute the materials to all relevant staff, including new hires
• Allow staff time to review the materials and ask questions
• Ensure all staff sign a document confirming that they have read and understood the policy
• When all staff have signed and returned the document, you can mark this step as complete and move on to the next step in the process.

Establish processes for training staff on the policy

• Establish a system for training staff on your anti-bribery & corruption policy - this could include workshops, webinars, presentations, or even a simple set of materials
• Make sure staff understand their responsibilities and the implications of the policy
• Ensure that the training is tailored to the needs of the staff and covers all relevant topics
• Keep records of training sessions and who attended them
• Ensure staff are given the opportunity to ask questions and get clarification on anything they’re not sure about

Once you have a system in place for training staff and have records of who attended, you can check this step off your list and move on to the next step.

Develop processes for regularly reviewing and updating the policy

• Create a schedule or plan for reviews of the policy and its effectiveness
• Identify a team or individuals responsible for conducting the reviews
• Set criteria for evaluation of the policy
• Determine a timeline for review and updates
• Agree on a process for implementing changes
• Track progress and changes made
• Make sure all changes are documented

Once you have a plan for reviews and updates of the policy in place, you can check this off your list and move on to the next step.

Implement procedures for documented instances of bribery and corruption

• Identify potential bribery or corruption risks in the organization
• Develop detailed procedures for dealing with any instances of bribery or corruption
• Establish clear reporting channels to report instances of bribery or corruption
• Develop a compliant investigation procedure in line with relevant UK laws and regulations
• Train staff on the procedures and ensure they understand their responsibilities
• Make sure the policy is properly documented and made available to all staff
• Set up a system for tracking and monitoring any instances of bribery or corruption reported
• When all procedures are in place and staff have been trained, this step can be checked off and the next step can be taken.

Set up a system to monitor and review cases of bribery and corruption

• Identify the need and understand the requirements of your anti-bribery and corruption policy.
• Establish a system or process that allows you to monitor and review cases of bribery and corruption.
• Define clear criteria for determining what constitutes bribery and corruption.
• Set up a system to record and store all data relating to bribery and corruption cases.
• Ensure that the system is secure and that access to this information is strictly controlled.
• Ensure that the system is regularly reviewed for accuracy and completeness.
• Set up a process for escalating any issues or concerns regarding bribery and corruption.

Once these steps have been completed, you can move on to the next step of establishing a reporting process for any suspicious or unethical activities.

Establish a reporting process for any suspicious or unethical activities

• Identify the roles and responsibilities of the individuals who will be responsible for detecting and reporting incidents of bribery and corruption.
• Develop procedures for reporting incidents, including who to contact and the necessary information that should be reported.
• Establish a secure reporting channel which can be used to raise concerns in confidence.
• Ensure that all incidents reported are documented and investigated.
• Provide information and guidance to those who make reports, such as what they can expect from the investigation process and how they will be kept informed of any developments.
• Make sure that staff are aware of the reporting process and how to contact the relevant individuals.

How you’ll know when you can check this off your list and move on to the next step:

• You will know you have completed this step when you have identified the roles and responsibilities of individuals responsible for detecting and reporting incidents of bribery and corruption, developed procedures for reporting incidents, established a secure reporting channel, ensured that all incidents reported are documented and investigated, provided information and guidance to those making reports, and ensured that staff are aware of the reporting process and how to contact the relevant individuals.

Identify and list available resources and guidance for further information

• Research and identify available resources and guidance related to anti-bribery and corruption, such as the UK Bribery Act 2010 and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
• Make a list of reputable resources and guidance that can be used to create an anti-bribery & corruption policy
• Once the list is complete, you will have identified and listed all available resources and guidance for further information, and can move on to the next step.

FAQ:

Q: Does the UK Anti-Bribery & Corruption Policy apply to all businesses in the UK, regardless of size?

Asked by Kenneth on 5th April 2022.
A: Yes, the UK Anti-Bribery & Corruption Policy applies to all businesses operating in the UK, regardless of size or sector. It is an important part of your compliance framework which should be implemented across the organisation, including all areas where bribery or corruption may be a risk, such as procurement and contracts. As a business, you should have anti-bribery measures in place to prevent and detect any potential bribery or corruption.

Q: Are there any specific requirements for UK businesses when it comes to anti-corruption policies?

Asked by Sarah on 8th June 2022.
A: It is important for UK businesses to ensure their anti-corruption policies meet the requirements set out in the UK Bribery Act of 2010. This includes creating a culture of compliance within the organisation and implementing measures that seek to prevent, detect and investigate any potential instances of bribery or corruption. The business should also ensure that all employees are aware of their responsibilities under the policy and that any breaches are addressed swiftly and effectively.

Q: How can I ensure my Anti-Bribery & Corruption Policy is compliant with EU regulations?

Asked by Matthew on 19th September 2022.
A: The European Union (EU) has a number of laws that seek to combat corruption and bribery, such as the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Anti-Bribery Convention). To ensure your Anti-Bribery & Corruption Policy is compliant with EU regulations, you should make sure that it meets all relevant standards set out in the convention, such as having adequate procedures for prevention, detection and investigation of bribery incidents. Additionally, you should ensure your policy covers all areas where bribery may be a risk, such as contracts and procurement processes.

Q: Are there any particular risks associated with technology companies in relation to anti-corruption policies?

Asked by Christopher on 10th October 2022.
A: Technology companies operating in the UK face a number of risks associated with anti-corruption policies. This is due to the fact that technology companies often have complex systems which require a high degree of coordination between different departments and personnel. As such, it is important for technology companies to have a robust anti-corruption policy that covers all areas where bribery or corruption may be a risk, such as contracts or procurement processes. Additionally, technology companies should ensure their employees are aware of their responsibilities under the policy and that any breaches are addressed swiftly and effectively.

Q: How can I make sure my Anti-Bribery & Corruption Policy is effective?

Asked by Elizabeth on 14th December 2022.
A: To make sure your Anti-Bribery & Corruption Policy is effective, you should ensure it covers all areas where bribery may be a risk within your organisation, such as contracts or procurement processes. Additionally, it is important to create a culture of compliance within your organisation by ensuring all employees are aware of their responsibilities under the policy and providing adequate training on how to prevent, detect and investigate any potential instances of bribery or corruption. Finally, you should also ensure that any breaches are addressed swiftly and effectively in order to maintain an effective policy.

Example dispute

Anti-Bribery and Corruption Lawsuits

• Plaintiff may cite violations of relevant anti-bribery and corruption regulations or laws, such as the Foreign Corrupt Practices Act (FCPA) or the UK Bribery Act.
• Plaintiff should demonstrate that the defendant’s actions or inactions resulted in a financial loss due to bribes, kickbacks or other corrupt practices.
• Settlement may involve the defendant agreeing to pay compensation or to comply with specific regulations in the future.
• Damages awarded to the plaintiff may include lost profits, reputational harm, or higher costs of doing business due to increased compliance costs.

Templates available (free to use)

Anti Bribery And Corruption Policy
Anti Bribery Compliance Certificate Third Party Intermediaries
Anti Bribery Policy For Small Business
Anti Bribery Third Party Risk Assessment Business Unit Questionnaire

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