Blog – Reputation Matters

Operating Ethically – Do you have an anti-bribery policy?

“Desperate Times Call for Desperate Measures” is the phrase that comes to mind when someone bribes another for their gain in a business context.

Crimson Crab explores bribery and the means to protect your company from this illegal action which can have serious consequences.

So, what is bribery?

The dictionary definition “to bribe a person is to “dishonestly persuade someone to act in one’s favour by a gift of money or other inducement: they attempted to bribe opponents into losing.”

Bribery is unethical. It’s bad for business, can lead to a hefty jail sentence and other unpleasant sanctions.

It is illegal to offer, promise, give, request, agree, receive or accept bribes – an anti-bribery policy can help protect your business.

We hear you, business is important. Whether it’s your own company or one you work for, having a stable model offers an element of security for everyone. Therefore, it’s pretty important you invest in protecting it.

Regards the concern of being affected by bribery, you can safeguard your business with an anti-bribery policy.

Your anti-bribery policy needs to be written with the level of risk your company faces in mind and gives reassurance to your people about what to do in potentially difficult situations.

It should include:

  • Your approach to reducing and controlling the risks of bribery
  • Rules about accepting gifts, hospitality or donations
  • Guidance on how to conduct your business, e.g. negotiating contracts
  • Rules on avoiding or stopping conflicts of interest

Even though it is not a legal requirement to have an anti-bribery policy, you are obliged by law to manage the business risks effectively. That’s why we’d suggest having the policy.

For more information on how to manage business risks – and to discuss anti-bribery policies in detail – please get in touch!

Data from Europe if the UK leaves the EU with no deal

If the UK leaves the EU without a deal and you are a small or medium-sized business or organisation based in the UK that needs to maintain the free flow of personal data into the UK from Europe, you will need to take some action.

Putting in place a contract between you and the sender on EU-approved terms, known as standard contractual clauses (SCCs) will be sufficient in most cases. The contract needs to be in place before the date that the UK leaves the EU without a deal.

If you receive personal data into the UK from the EEA (the EU plus Iceland, Liechtenstein and Norway), you need to:

  1. decide whether standard contractual clauses (SCCs) can help you maintain the flow of data
  2. select the right SCCs.
  3. understand the SCCs.
  4. complete the SCCs.

The ICO has produced an interactive tool to help with these steps.

If you are a larger organisation or multinational company, a data protection professional, or you already have well-established transfer mechanisms, the Information Commissioners Office (ICO) has specific guidance on leaving the EU and on international transfers on their website.

Things to think about before Brexit

If you haven’t already thought about it there are some things that you will need to do to prepare your business for Brexit.

Especially if you:

  • import or export goods or services to the EU,
  • exchange personal data (including customers’ addresses, staff working hours or information you give to a delivery company) with an organisation in Europe (this includes using websites or services hosted in Europe & processing personal data from Europe), or
  • you use or rely on intellectual property (IP) protection (this includes copyright, trademarks and patents).

There is a useful step by step guide at https://www.gov.uk/get-ready-brexit-check

Copyright

To put the record straight copyright is an automatic right. Therefore when you produce a creative work you own the copyright in it There are a few exceptions so for example if you have a contract of employment, the contract will generally state that when you are employed the employer owns the copyright of material you produce at work

Copying or adapting someone else’s work is a ‘restricted act’. An adaptation is a ‘derived work’. If someone adapts your work, you still own it. There is no acceptable percentage of changes.

You have every right to object if they publish such a work when you have not given them your permission to do so. You are also entitled to reclaim any money they make from selling your work. They could seek your permission to use the work as the rights owner, however, you will be able to charge a fee and/or royalties for this.

Read more about copyright. If you would like more detailed information about copyright please ask for our Copyright White Paper.

GDPR Myth Busting – We need to appoint a Data Protection Officer

Not necessarily.

All organisations must designate someone to take responsibility for data protection compliance.

Some are required to appoint a Data Protection Officer.

Future thinking organisations are choosing to appoint a DPO, to help regulate their privacy and build a stronger foundation of trust with their customers.

The GDPR allows for organisations to appoint an external DPO based on a service contract.

If you do appoint a DPO you must notify the ICO.

Find out more