Our anti-corruption team has unique practical and theoretical experience. Our advisory services are based on in-depth knowledge of the increasingly complex and detailed legislation and the authorities' actions in this area.
The legislative framework in respect of corruption and bribery is currently being reviewed by the Danish courts. Corruption or bribery can have serious consequences for companies, for example damage to reputation, interruptions of operations and the risk of heavy fines and claims for damages. This means companies should have a clear picture of their exposure to corruption throughout the organisation and implement general anti-corruption and marketing policies for the area.
Many Danish companies operate internationally, and they are therefore more exposed to varying market conditions and corruption regulations. The increased international focus on corruption also means that Danish companies may be subject to different sets of rules all over the world.
A company does not need any specific presence in the UK or the US to be subject to the current rules in these countries. The UK Bribery Act 2010 entered into force on 1 July 2011. The object of the Act is to combat corruption. The rules stipulate that the Bribery Act covers everything except one-off transactions. This means that even occasional sales to the UK are subject to the rules. The same applies if for example board meetings are held in the UK or if a Danish company has a UK subsidiary that has carried out work on behalf of the parent company.
Danish companies with American parent companies are also subject to the US Foreign Corrupt Practices Act (the "FCPA"), which prohibits bribing foreign officials.
For Danish companies operating in the UK or the US, it may be necessary to have internal guidelines and programmes in place to combat and prevent bribery. For this reason, many companies need to establish or update their internal guidelines and programmes.
Plesner assists with the practical establishment and implementation of anti-corruption policies, that is in compliance with the principles of the United Nations Convention against Corruption, drawing up codes of conduct, compliance training and implementation, drawing up provisions in agreements including provisions on breach, information on websites, more extensive anti-corruption programmes, and establishing whistle-blower schemes.
We would be pleased to participate in a meeting to discuss your company's exposure to corruption risks, both internally and in relation to business partners, and to advise on the appropriate legal steps to mitigate these risks.
We also provide advice on how to navigate an internal legal investigation when suspecting corruption, if needed in collaboration with the auditor or any other relevant experts. We have an extensive international network and collaborate with international specialists in the area.
