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Glossary

What is bribery?

Bribery is offering, promising or giving a financial or other advantage, or asking for or accepting one, to get a person to perform their job improperly or to reward them for doing so. At work it covers cash, gifts, hospitality, jobs and contracts, for officials and private buyers alike.

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Bribery at work: three examples

The consultant fee that buys a permit

A sales director in a new market pays a local agent a success fee that the agent splits with the official who signs the permit. The invoice says consultancy. The director never meets the official, which is the point.

The buyer who expects a thank-you

A procurement manager lets a supplier know that the renewal would go more smoothly after a weekend at the supplier's expense. Nothing is written down. The supplier pays, the renewal is signed, and the gifts register shows nothing.

The hospitality that stopped being hospitality

A relationship manager takes a client's decision maker to the same sporting event every year. The year the tender is open, the invitation extends to the family and the flights go business class. The tender lands a month later.

What the law says

United Kingdom

Four offences and one defence

The Bribery Act 2010 has four offences: bribing (section 1), being bribed (section 2), bribing a foreign public official (section 6) and failing to prevent bribery by an associated person (section 7), where adequate procedures are the only defence. On 1 May 2026 the Serious Fraud Office's deferred prosecution agreement with Ultra Electronics Holdings, on three section 7 counts, carried a financial penalty of GBP 10,083,150 and a three-year term.

European Union

A new directive, one reporting shield

Directive (EU) 2026/1021 on combating corruption, published in May 2026, sets minimum offences for bribery in the public and private sectors and liability for companies, which member states must transpose by 1 June 2028; until then national offences apply. Directive 2019/1937 protects anyone who reports a breach of Union law in public procurement, financial services or the prevention of money laundering, among other fields, and once a reporter shows that a detriment followed the report, the employer must prove it had other grounds.

United States

The FCPA and its hallmarks of a clean gift

The Foreign Corrupt Practices Act bars paying foreign officials to win business. The FCPA Resource Guide of July 2020 gives the hallmarks of an acceptable gift: given openly, properly recorded in the giver's books, provided only to reflect esteem or gratitude, and permitted under local law. In September 2024 Deere & Company paid nearly USD 10 million to settle SEC charges over bribes paid by a Thai subsidiary.

How organizations manage it

Bribery is managed by making the advantage visible before it is given, and by making the route to report a bribe safer than the deal.

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  1. Write the policy and the thresholds

    A short policy that says what may be given and received, the value above which it is declared, and what is always refused, such as cash and vouchers.

  2. Keep a gifts and hospitality register

    Every gift or invitation above the threshold is entered with the giver, the value, the date and the approval. The register is the first thing an investigator asks for.

  3. Check the third parties

    Agents, distributors and consultants who act for the organization are the section 7 risk. A due diligence questionnaire before the contract, covering ownership, officials and sanctions, is the proportionate step the Act expects.

  4. Train people and give them a route

    Everyone who meets customers, officials or suppliers knows the policy and where to report a request for a bribe, anonymously if they want. The report is the control that works when the others have failed.

Bribery FAQ

Is bribery illegal?
Yes, on both sides of the payment. In the UK the Bribery Act 2010 makes it an offence to give, promise or offer a bribe, to request or accept one, and to bribe a foreign public official, and a commercial organization commits a further offence if it fails to prevent bribery by someone acting for it. In the US the Foreign Corrupt Practices Act covers payments to foreign officials, and domestic bribery is a crime under federal and state law.
What are the four offences in the Bribery Act 2010?
Active bribery, section 1: offering, promising or giving a financial or other advantage to induce improper performance of a function or to reward it. Passive bribery, section 2: requesting, agreeing to receive or accepting such an advantage. Section 6: bribing a foreign public official to obtain or retain business. Section 7: failure to prevent bribery, which a commercial organization commits when a person associated with it bribes another, unless it had adequate procedures designed to prevent that.
Is corporate hospitality bribery?
Not by itself. The Ministry of Justice guidance on the Act, from March 2011, says hospitality that improves an organization's image, presents its products or establishes cordial relations is an established part of doing business, and that the Act does not prohibit reasonable and proportionate hospitality. It also warns that spending in line with industry norms is no evidence that no bribe was paid, particularly if the norms are extravagant.
How do you report bribery at work?
Note what was offered or asked for, by whom, when and in return for what, and keep any message that shows it. Report through your organization's whistleblowing route rather than to the person involved; bribery is a crime, so a report about it can be a protected disclosure in the UK. Confide takes reports by web form, voice, QR code, email and API.

See how a bribery report is handled

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