Corruption and conflicts of interest

Gifts, invitations, commissions and personal relationships can trigger legal risks. An effective prevention approach helps employees to distinguish legitimate business management from improper influence. We advise companies on rules and controls that are practical in purchasing, selling and dealing with public bodies.

When Legal Support Is Useful

• Employees receive invitations or gifts from current or future business partners.
• An intermediary requires unusual commissions or payments on foreign accounts.
• Family members or private participations may influence a procurement decision.
• Donations, sponsorship or consulting contracts are linked to a contract award.
• There are indications of sham benefits, rebates or covert advantages.

The legal requirements differ

§ 299 StGB concerns bribery and bribery in business traffic. It covers both unfair competition preferences and certain breaches of the undertaking's obligations under its conditions. Benefits may be of benefit to the employee or agent himself or to third parties. Benefits without direct money payment can also be relevant.

When dealing with officials and especially obliged persons, the special facts of §§ 331 ff. StGB apply. Even linking an advantage to the exercise of service can be legally significant. In the health sector, additional rules are considered. In the case of foreign reference, it is necessary to examine which other legal systems are applicable; neither foreign business practice nor a local placement payment automatically justify a permit.

No general exemption for gifts

There is no criminal Euro border applicable to all situations. Internal value limits can facilitate the organization, but are not a legal license. The key issues are, among other things, recipients, purpose, timing, frequency, transparency and the relationship to a business or service decision. Several small donations can also be significant together.

Tax deductibility and criminal law admissibility are different issues. The consent of a leader does not automatically remove a legal ban. In the case of contacts with public bodies, their acceptance rules and any necessary authorisations shall be taken into account in addition.

A viable prevention approach

• Grants: clear rules for gifts, entertainment, travel, events and other benefits; documented releases for special cases.
• Conflicts of interest: Disclosure of relevant private relations and participations; exclusion of decisions if necessary.
• Mediators and advisers: comprehensible selection, examination of owners and contacts, written service description as well as appropriate remuneration.
• Payments: reconciliation of contract, service, invoice and payee; Examination of unusual accounts or cash requests.
• Donations and sponsorship: documented purpose, appropriate recipient verification and separation of procurement decisions.
• Guidance and control: contact persons, protected reporting channels and risk-oriented samples.

Treating suspected cases correctly

Any suspicious matter must first be assessed objectively. An unsubstantiated suspicion must not be presented as an established criminal offence. At the same time, payments or approvals may need an interim review. The investigation must respect data protection, employees’ rights and whistleblower protection. Organisational improvements should address the findings of the particular case.

Our services

We examine existing guidelines and contracts, develop grant and conflict of interest rules and accompany the design of release processes. This may include a donation register, a test sheet for intermediaries, a documented escalation rule and training tailored to target groups. We support the legal classification and the planning of further measures for concrete indications.

Common questions

Is an invitation always allowed below our internal border?

Nope. The border facilitates internal decisions, but does not replace the examination of individual cases. Invitations may be particularly critical during an invitation to tender or ongoing contract negotiations.

Is the management's approval enough?

It can be an important organizational step. However, it does not abolish legal prohibitions. In the case of public bodies, the approval of another competent body may also be required.

Are private relationships with business partners prohibited?

Not in principle. However, they must be disclosed and adequately taken into account in decisions where a conflict of interest may arise. An independent decision and comprehensible documentation help to limit risks.

What documents should we keep ready?

Existing grant guidelines, intermediary and consultant contracts, typical approvals as well as information on sales and procurement processes. For a concrete process, time, participants, occasion and documentation are particularly important.

Legal basis and further official information

• § 299 StGB – commercial transport
• § 331 StGB – Acceptance of advantage
• Criminal Code, in particular §§ 299a, 299b and 331–335a
• § 130 OWiG – Supervisory obligations

Legal status: 1 November 2026. The classification of concrete facts requires an examination of the applicable regulations and circumstances.

Related topics and next steps

• Competition law
• Whistleblower protection and internal reporting channels
• Internal investigations
• Training and workshops

Request advice on the contact page. Briefly describe your request and, if necessary, specify existing deadlines. Scope and remuneration will be agreed prior to commissioning.