Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector

Active and passive corruption in the private sector is a criminal offence in all Member States. The aim of this Framework Decision is to involve the liability not only of natural persons in the capacity of employees but also of legal persons such as firms.

Member States are required to penalise acts intentionally carried out as part of business activities:

• Corrupting a person: by promising, offering or giving directly or through an intermediary to a person who in any capacity directs or works for a private sector entity, an undue advantage of any kind, for that person or for a third party in order that that person should perform or refrain from performing any act in breach of that person's duties;
• Demanding an undue advantage: a person requests or receives, directly or through an intermediary, an undue advantage of any kind, or accepts the promise of such an advantage, for him or herself or for a third party, while in any capacity directing or working for a private sector entity, in order to perform or refrain from performing any act in breach of one's duties.

The above applies to business activities within profit and non-profit making entities. Member States may limit the scope to conduct which involves or could involve a distortion of competition in relation to the purchase of goods or commercial services. Member States must declare to the Council how they are going to act at the time of the adoption of this Framework Decision. Limitations are valid for five years as from 22 July 2005. Before 22 July 2010, the Council will review declarations made by Member States in relation to limitations.