The Bribery Act 2010 is the UK’s main anti-corruption law. It creates four offences: bribing, being bribed, bribing a foreign public official and, for companies and partnerships, failing to prevent bribery. That last offence, in section 7, is the one businesses most often underestimate. The Ministry of Justice calls it “a form of strict liability”. If anyone performing services for your organisation pays a bribe to win or keep business for you, the organisation is guilty unless it can prove it had “adequate procedures” in place. Small “facilitation payments” are not exempt either. They are illegal.
At a glance: The Act has been in force since 1 July 2011 across the UK. Individuals face up to 10 years’ imprisonment and an unlimited fine, and organisations face unlimited fines. Training is part of the “communication” principle in the government’s statutory guidance. Nexis CPD’s £9 Anti Bribery Awareness course is CPD accredited and 100% online, with a verifiable e-certificate. It supports your procedures but is not a regulated qualification.
What is the Bribery Act 2010?
The Bribery Act 2010 (c. 23) replaced the older common-law and statutory bribery offences with a single framework. The Bribery Act 2010 (Commencement) Order 2011 brought it fully into force on 1 July 2011. It applies in England and Wales, Scotland and Northern Ireland.
The Act covers both the public and private sectors. Under section 3, a “relevant function or activity” includes any public function, any activity connected with a business, and any activity carried out in the course of employment. The person carrying it out must be expected to act in good faith or impartially, or hold a position of trust. A buyer who steers a contract to a supplier that paid for their holiday is therefore just as exposed as a corrupt official. Section 5 judges what counts as “improper” by what “a reasonable person in the United Kingdom” would expect. For activity abroad, local custom is disregarded unless the written law of that country permits or requires it.
What are the four offences under the Bribery Act?
Section 1: bribing another person. It is an offence to offer, promise or give a “financial or other advantage” to induce or reward improper performance, or knowing or believing that accepting it would itself be improper. It makes no difference whether the bribe is paid directly or through a third party such as an agent.
Section 2: being bribed. It is an offence to request, agree to receive or accept an advantage in connection with improper performance. In several of the section 2 cases, it does not matter whether the recipient knows or believes the performance is improper.
Section 6: bribing a foreign public official. This covers offering, promising or giving an advantage to influence a foreign public official in their official capacity, with the aim of obtaining or keeping business or a business advantage. Improper performance does not have to be proved. The only exception is where the written law that applies to the official permits or requires them to be influenced.
Section 7: failure of commercial organisations to prevent bribery. This is the corporate offence, explained below.
Section 14 also creates personal exposure for leaders. If a company commits a section 1, 2 or 6 offence with the “consent or connivance” of a senior officer, such as a director, manager or company secretary, that person is guilty too.
What is section 7 of the Bribery Act?
Section 7 applies to “relevant commercial organisations”. These are UK-incorporated bodies and UK partnerships carrying on a business anywhere, plus any other company or partnership that carries on a business, or part of one, in the UK. A person associated with the organisation must have paid a bribe intending to obtain or keep business, or a business advantage, for it.
The organisation does not need to have known about or authorised the bribe. The MoJ’s post-legislative scrutiny memorandum (2018) says that in that situation the company is “prima facie guilty”. The associated person does not need to have been prosecuted. Section 7 covers only the paying of bribes, under sections 1 and 6. The Explanatory Notes confirm there is no offence of failing to prevent the taking of bribes.
Charitable status does not take an organisation outside the Act. The MoJ guidance says an incorporated body or partnership that engages in commercial activities is caught, even if its aims are primarily charitable or educational. Our guide to charity training requirements covers trustees’ wider duties.
Who is an “associated person” under section 8?
Section 8 defines an associated person as someone who “performs services for or on behalf of” the organisation, in whatever capacity. The Act gives employees, agents and subsidiaries as examples. Whether someone qualifies depends on all the relevant circumstances, not just the label on the contract. Employees are presumed to qualify unless the contrary is shown. Contractors, consultants and intermediaries can fall within the definition too, which is why checking third parties matters.
What counts as “adequate procedures” under the Bribery Act?
The only defence to section 7 is for the organisation to prove that it “had in place adequate procedures designed to prevent persons associated with C from undertaking such conduct”. The burden is on the organisation, and the Explanatory Notes confirm the standard is the balance of probabilities. Section 9 required the government to publish guidance, and the Ministry of Justice did so in March 2011. The guidance sets out six principles:
- Proportionate procedures: procedures proportionate to your bribery risks and to the nature, scale and complexity of your activities, and “clear, practical, accessible, effectively implemented and enforced”.
- Top-level commitment: leaders build a culture “in which bribery is never acceptable”.
- Risk assessment: the assessment of internal and external bribery risks is “periodic, informed and documented”.
- Due diligence: a proportionate, risk-based approach to the people who perform services for you.
- Communication (including training): policies are embedded and understood through internal and external communication, including training proportionate to risk.
- Monitoring and review: procedures are monitored, reviewed and improved where necessary.
The guidance is flexible. It says that departing from its suggested procedures does not, by itself, create a presumption that your procedures are inadequate. It expects small and medium-sized organisations to need different procedures from a multinational. A small business may rely heavily on periodic oral briefings, where a large one may need extensive written communication.
Are gifts and hospitality allowed under the Bribery Act?
Yes, within reason. The MoJ guidance calls bona fide hospitality “an established and important part of doing business”. It says the government does not intend the Act to prohibit “reasonable and proportionate hospitality”. The same guidance warns that hospitality “can be employed as bribes”. The joint SFO and DPP prosecution guidance adds that the more lavish the hospitality, the greater the inference that it is meant to encourage or reward improper performance. Timing matters too, for example when a tender is pending. The law sets no cash threshold, so the limits, approval steps and gifts register in your policy are your organisation’s own risk-based choices.
Are facilitation payments legal in the UK?
No. Facilitation payments are small unofficial payments to officials to secure or speed up routine action that the payer is usually already entitled to. The MoJ guidance notes that, unlike US foreign bribery law, the Bribery Act provides no exemption for them. They could trigger section 6 or section 1, and therefore section 7. The joint prosecution guidance says they “were illegal under the previous legislation and the common law and remain so under the Act”. There is one narrow exception. The MoJ guidance says that where someone pays to protect against loss of “life, limb or liberty”, the common-law defence of duress “is very likely to be available”.
What are the penalties for bribery in the UK?
Section 11 sets the maximum penalties:
- Individuals (sections 1, 2 and 6): on conviction on indictment, up to 10 years’ imprisonment, a fine with no statutory cap, or both. The maximums on summary conviction are lower.
- Organisations (sections 1, 2 and 6): a fine, unlimited on indictment.
- Section 7: can only be tried on indictment, and carries an unlimited fine.
Under section 10, a prosecution in England and Wales needs the consent of the Director of Public Prosecutions or the Director of the Serious Fraud Office (SFO).
Does the Bribery Act apply outside the UK?
Yes. Under section 12, sections 1, 2 and 6 apply where any part of the offence happens in the UK. They also apply to acts entirely overseas by anyone with a “close connection” to the UK, including British citizens, UK residents and UK-incorporated bodies. Section 7 applies “irrespective of whether the acts or omissions which form part of the offence take place in the United Kingdom or elsewhere”. A company that carries on business in the UK can therefore be liable for a bribe its agent pays abroad.
What is a Deferred Prosecution Agreement?
A Deferred Prosecution Agreement (DPA) is a judge-supervised agreement that suspends a prosecution while an organisation meets agreed conditions. According to the SFO’s DPA page on GOV.UK, DPAs were introduced on 24 February 2014 under Schedule 17 of the Crime and Courts Act 2013. They can be used for fraud, bribery and other economic crime, and they “apply to organisations, never individuals”. A DPA comes after wrongdoing has happened, so it is no substitute for prevention.
How does the Bribery Act relate to “failure to prevent fraud”?
Section 199 of the Economic Crime and Corporate Transparency Act 2023 created a separate offence of failure to prevent fraud. It came into effect on 1 September 2025. It follows the same model as section 7 but differs in three ways. It covers fraud offences rather than bribery. It applies only to “large organisations”: under section 201, those meeting two of three tests (more than 250 employees, turnover above £36 million, balance sheet above £18 million). Its defence is “reasonable” rather than “adequate” prevention procedures. Section 7 has no size threshold. For the money-laundering side of economic crime, see what anti-money laundering is and AML training requirements.
Is anti-bribery training a legal requirement?
The Act does not name a mandatory course. However, training is part of principle 5, “Communication (including training)”. The guidance says some training “is likely to be effective in firmly establishing an anti-bribery culture whatever the level of risk”. It suggests general training could be mandatory for new employees at induction, with tailored training for higher-risk roles such as purchasing, contracting, distribution and marketing. It also expressly recognises “e-learning and other web-based tools” as training formats. Whatever the format, participants should come away understanding what the policies mean for them in practice, and the guidance says effective training “is continuous, and regularly monitored and evaluated”. Dated training records also give you evidence to rely on if your procedures are ever questioned.
Which course covers the Bribery Act 2010?
The Nexis CPD Anti Bribery Awareness course is CPD accredited and worth 1.5 CPD hours. It includes a 15-question assessment and a handbook, with a recommended renewal of one year. It suits new starters, managers who approve spending or hospitality, and anyone who deals with suppliers, agents or public bodies. Add Anti-Money Laundering (AML) Awareness and one more course, and all three cost £18 — pay for two, get the third free. The discount applies automatically in the cart.
Frequently asked questions
What is the Bribery Act 2010 in simple terms?
It is the UK law that makes bribery a crime. It creates four offences: bribing (section 1), being bribed (section 2), bribing a foreign public official (section 6), and a corporate offence of failing to prevent bribery (section 7). It has been fully in force since 1 July 2011.
What is section 7 of the Bribery Act?
Section 7 makes a commercial organisation guilty if a person associated with it, such as an employee or agent, bribes someone to win or keep business for the organisation. The MoJ calls it a form of strict liability. The only defence is to prove adequate procedures designed to prevent bribery.
What are the six principles of adequate procedures?
The Ministry of Justice’s 2011 guidance sets out six: proportionate procedures, top-level commitment, risk assessment, due diligence, communication (including training), and monitoring and review. They are applied in proportion to each organisation’s risks.
What is the maximum penalty under the Bribery Act 2010?
For individuals convicted on indictment under section 1, 2 or 6, up to 10 years’ imprisonment, an unlimited fine, or both. Organisations face an unlimited fine, including for the section 7 offence.
Are facilitation payments allowed under the Bribery Act?
No. The Act has no exemption for facilitation payments. Joint SFO and DPP guidance says they were illegal before the Act and remain so. Duress may be a defence only where payment protects against loss of life, limb or liberty.
Does a small business need anti-bribery procedures?
Yes. Section 7 has no size threshold. The MoJ guidance accepts that a small business’s procedures can be simpler, such as periodic oral briefings, but they must be proportionate to the real risks and actually followed.
Put adequate procedures into practice
£9 per course. CPD accredited, 100% online, verifiable e-certificate. Pay for 2, get 3 — any 3 courses for £18.
Start with Anti Bribery Awareness and give your team a dated training record to support your bribery prevention procedures.
This article is general information, not legal advice. For decisions about your organisation’s exposure or procedures, take advice from a qualified solicitor. Sources were checked on 21 September 2026. A CPD awareness course is not a regulated qualification and does not by itself make an organisation’s procedures “adequate”. It supports the training element of a wider, risk-based anti-bribery programme.