The Bribery Act 2010 - principles of the Act
The Ministry of Justice sets out the six principles of the Act although these are not prescriptive but rather are intended to allow flexibility. They are outcome focused and can take into account the variety of circumstances and the size of organisations:
- Proportionality - The action taken should be proportionate to the risk and the size of the organisation.
- Top level commitment - Those in senior positions are best placed to ensure the organisation conducts business without bribery.
- Risk Assessment - Many organisations will have little or no risk of bribery but a risk assessment will show the nature or extent of exposure to bribery.
- Due Diligence - This is about having a risk based approach to business relationships - with those you deal with or who provide services for you.
- Communication - Employers will need to communicate their policies and procedures to staff and others who perform services, additional training may help raise awareness, and this would be proportionate to the size and type of organisation.
- Monitoring and Review - Risks to your organisation may change, over time you may want to carry out regular reviews and re-assessments.
The Act does not cover genuine promotional and other business expenditure such as tickets for sporting events, promotional gifts or taking clients to dinner.