German Anti-Corruption Legislation

The German Penal Code applies to individuals – not companies – and makes it illegal to offer, pay or accept a bribe. Companies can be held civilly liable under the Administrative Offences Act (OWiG) with fines up to EUR 10 million and unlimited confiscation of all economic advantages obtained through bribery.

German Compliance Guide

Companies can expect tough enforcement of German anti-corruption laws, and German authorities cooperate with foreign counterparts, including in the US, which has contributed to one of the largest corruption enforcement actions against a single company. However, companies can take steps to mitigate their exposure to compliance risks under German law.

Companies are not criminally liable for corruption offences under the Penal Code, but individuals can be held criminally liable. The Administrative Offences Act (OWiG) holds companies civilly liable for corruption offences committed by their representatives. Implementing effective compliance systems makes good business sense as doing so helps ensure companies avoid breaching German law.

A compliance system can mitigate risks even when a corruption offence is committed. If the prerequisites of the OWiG are met, a fine can be imposed against a company. Discretion to impose fines must not be arbitrary and must take into account the significance and dimensions of the offence, including whether the offence reflects a general ‘criminal attitude’ in the company, which can be reflected in the company’s compliance system – or lack thereof.

Companies doing business outside Germany risk criminal and civil company liability for the corrupt acts of persons acting on their behalf. The US FCPA Compliance Guide and UK Bribery Act Compliance Guide provide compliance guidance for extraterritorial legislation containing criminal company liability. Modern anti-corruption legislation demands common compliance programme characteristics that companies should consider:

Proportionality Company procedures should be proportionate to the organisation’s size and risks.	Top-Level Commitment Compliance starts at the top. Company representatives actively display support for the company compliance programme.	Risk Assessment A company must identify the particular risks it might face in the markets and sectors where it does business.
Due Diligence Know who represents the company and who your company does business with.	Communication Communicate anti-corruption policies throughout the company, including adequate training to ensure company representatives understand those policies and applicable laws.	Monitoring and Review A good compliance programme keeps pace with changes to risks and the effectiveness of procedures.

German Anti-Corruption Law Summary
German Penal Code Full Text
Administrative Offences Act Full Text