“What we don't know is that the enforcement regime has changed,” said Simon Airey from the law firm DLA Piper.
Airey gives an overview of the UK Bribery Act and how serious the problem is being taken. Early in his presentation, Airey presents some devastating statistics: 15% of all companies in industrialized countries believe that have to pay bribes to keep business. He, in no small terms, makes it clear that bribery is a problem and that the culture of accepting it as the cost of business is changing.
Goverments all around the world are looking to level the playing field. The European Commission has passed a formal resolution for sanctions against corruption and America has passed the Dodd-Frank act, which actually rewards whistle-blower. We've got something we've never seen, ever before,” Airey said. “There is no such thing as a deleted email.”
The idea that there is less privacy than ever doesn't exclude businesses. Any sign that there is something untoward can be checked.
Airey goes on to give example of companies hit with corruption charges by regulators.
Then he moves on the the UK's recent attempt to outlaw such practices. The UK Bribery act makes both giving and receiving a bribe. Bribery of private individuals and companies is illegal. It's illegal in both the UK and overseas. The list goes on.
“As a lawyer, I'm embarrassed to say it's so easy to understand that it has spawned a bribery act industry,” Airey said. The plain English it's written in has actually allowed lawyers of any stripe to claim a specialty in it.