Slip the local law enforcement officer five euros to get him to withdraw the parking ticket? Or hand the teacher a well-filled envelope to ensure your son’s promotion? It sounds harmless, but it is illegal in Germany. Both sides can be convicted of bribery and corruption. Nevertheless, corruption exists – even in public authorities and large companies, where attempts may be made to illegally influence contracts worth millions.
Public authorities have therefore issued precise guidelines. But many companies also provide new employees with internal compliance and anti-corruption rules when they start. These rules set out how to act fairly and in accordance with the law in everyday working life – especially with regard to gifts, invitations and possible conflicts of interest. Anti-corruption rules are part of the compliance requirements. The legal basis for the fight against corruption is the Criminal Code and the Anti-Corruption Act of 2015. There are separate requirements for the healthcare sector.
What ‘compliance’ means
‘Compliance’ is a collective term for internal rules of conduct. These often include a code of conduct with guidelines on gifts and invitations, rules on conflicts of interest and information on reporting channels for suspected violations. In many companies, compliance also includes rules on data protection, IT security, equal treatment and the handling of confidential information.
Gifts and invitations: when it becomes critical
Small gifts are often unproblematic as long as it is clear that they are not intended to influence any decisions. However, many companies and public authorities have clear upper limits for this, and often every acceptance of a gift must be approved. It becomes tricky when a benefit appears to be a quid pro quo – such as expensive tickets, regular invitations or high ‘private discounts’ at precisely the time when decisions are being made about orders, invoices or contracts. If civil servants accept bribes, they are liable to prosecution – the consequences range from up to five years’ imprisonment to dismissal from the civil service. Those who actively bribe also risk punishment. And both apply to the private sector as well – for example, in the case of kickbacks. There, too, the penalty is up to three years’ imprisonment.
Whistleblower protection and reporting offices
The Whistleblower Protection Act (HinSchG) regulates how violations can be reported and protects individuals who provide information from discrimination. In addition to internal channels within companies, there is also an external federal reporting office.
How it works in practice
In many companies, the rule is: first check the internal guidelines and, if in doubt, consult with your manager or the compliance office. If you suspect something, it helps to document the facts (time, people involved, sequence of events) and use the designated reporting channel – internal or external.
How big is the problem?
According to the Federal Statistical Office, around 3,840 corruption offences were recorded by the police in Germany in 2023. That was seven per cent more than in the previous year. Almost half of these offences were in the economic sector. According to the Federal Statistical Office, the financial damage amounted to 57 million euros. In a ranking by Transparency International, Germany slipped from ninth place last year to 15th place in 2024, according to WDR.
Information about the different types of corruption and the legal regulations can be found on the website of the Federal Criminal Police Office:
www.bka.de/DE/UnsereAufgaben/Deliktsbereiche/Korruption
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