Bribery Act for SMEs

Written By

simon shooter module
Simon Shooter

Partner
Saudi Arabia

I am the head of the firm's International Commercial Group, and established the cyber-security team back in 2010. I am a commercial lawyer engaged in providing a full spectrum of legal support to clients for their day to day business.

As its name suggests, the Bribery Act 2010 (the "Act") (and its explanatory guidance) is concerned with preventing bribery.

Bribery is the provision of a financial or other advantage to induce the person receiving the bribe to perform their functions or activities improperly or to reward that person for having already done so. Bird & Bird have produced a briefing note explaining the main provisions of the Act, its impact on SMEs and the importance of businesses putting in place effective anti-bribery procedures that are proportionate to their risk profile.

The penalties for committing a bribery offence can include unlimited fines and imprisonment for individuals involved. Despite these significant risks, a recent report commissioned by the Department for Business Innovation and Skills (BIS) and the Ministry of Justice (MoJ) highlighted a considerable lack of awareness of the Act among SMEs. Only 56% of SMEs had heard of the Act, and of those who had heard of it a mere 26% were aware of the accompanying guidance issued by the MoJ. More worryingly, only 33% of SMEs had carried out bribery risk assessments and only 42% had taken preventative measures to prevent bribery in their business.

Businesses must be mindful of the dangers of falling foul of the provisions of the Act and the potentially severe consequences arising from this. In particular, SMEs which conduct business abroad should be aware of the broad extra jurisdictional reach of the Act which could result in potential liability for bribery offences committed both within the UK and around the world.

View the full PDF >>

Latest insights

More Insights
featured image

The Commission’s Quick Fix? Freezing Additional ESRS Requirements for CSRD First-Wave Undertakings

6 minutes Jun 19 2025

Read More
Curiosity line pink background

Hong Kong introduces company re-domiciliation regime

Jun 19 2025

Read More
featured image

Control, Alt, Expand: The Rise and Rise of Esports in the GCC

10 minutes Jun 11 2025

Read More