Outsource Magazine Issue 25 - (Page 104)

Who’s BriBing WhoM? Do you know, and should you care, what your suppliers are up to? Rob Sumroy, Slaughter And May Rob Sumroy is a partner at leading international law firm Slaughter And May, advising on all aspects of IT and data protection. He is a member of the PLC, IPIT, and the Outsource Editorial Board. Natalie Donovan, Slaughter And May Natalie Donovan is a professional support lawyer working in Slaughter And May’s outsourcing practice. She specialises in computer and IT law and intellectual property law. W 104 ●● ● hat have tickets to the men’s Olympic 100m final got to do with outsourcing? While this may sound like the opening line to a bad joke, it is actually a reference to the new Bribery laws which came into force this summer. The Bribery Act 2010 (“the Act”) creates a number of offences, one of which specifically affects organisations which have outsourcing and other service arrangements in place. The Act creates two general offences (of bribing and being bribed). It also creates a new offence of bribing a foreign public official and – interestingly for those engaging outsource providers – a new corporate offence of failing to prevent bribery. This last offence means that: a ‘relevant commercial organisation’ (which includes UK companies/ partnerships, or foreign companies/ partnerships which carry on any part of their business in the UK) is guilty of an offence if a person associated with it bribes another person anywhere in the world intending either to obtain or retain business or a business advantage for that organisation. The definition of an associated person covers those who perform services for or on behalf of the organisation and so would cover outsourcing and similar service providers as well as employees and agents. It does not cover those just selling goods; the organisation (i.e. the customer in an outsource arrangement) will be guilty whether or not they knew the practice was happening – it is a strict liability offence. However, it is a defence for the customer to show that, despite that particular case of bribery, it had ‘adequate procedures’ in place to prevent its service providers “There will be no justice, there will be no government of the people, by the people, and for the people, as long as the government and its officials permit bribery in any form.” – John Jay Hooker www.outsourcemagazine.co.uk http://www.outsourcemagazine.co.uk

Table of Contents for the Digital Edition of Outsource Magazine Issue 25

News & Commentary
Making Contact
Taking the Chair
Clinical Outsourcing Strategies
New Worlds
To Share Or Not To Share?
Trends in Outsourcing Governance
The Next Big Idea
Smart Intelligence
Taking the ChairCracking the Wip
NOA Round-Up
Predicting Success
It’s Not The Contract.
Get Productive
Rigorously Agile
Good Relations
Knowledge Sustainability
Racking Up The Wins
Trust Me... I’m an Outsourcer
Top Ten
The Legal view
HfS Round-Up
Online Round-Up
Inside Source
The Last Word

Outsource Magazine Issue 25