Anti-Bribery and Anti-Corruption Compliance
Anti-Bribery & Anti-Corruption in Greece
Greece’s anti-corruption framework changed fundamentally in February 2024. Law 5090/2024 introduced corporate criminal liability for bribery offences for the first time in Greek legal history. Until then, only individuals could face criminal prosecution – companies could be fined administratively, but not convicted of a crime. That distinction is now gone.
If your company operates in Greece, you need to understand both the criminal exposure and the practical enforcement landscape. We advise on compliance programme design, internal investigations, and defence in enforcement proceedings.
THE LEGAL FRAMEWORK
The Greek Criminal Code criminalises bribery through several provisions. Article 235 covers passive bribery (solicitation or acceptance of undue advantages by public officials). Article 236 covers active bribery (offering or giving advantages to public officials). Article 237 covers bribery of judges and arbitrators. Article 159/159A covers bribery of political officials. Article 396 covers private-sector bribery — offering or accepting advantages in breach of professional duties. Article 237A covers trading in influence. Facilitation payments are prohibited. The definition of “public official” extends to foreign public officials and officials of EU and international organisations, regardless of where they are based.
Penalties for individuals. Misdemeanour bribery carries imprisonment of up to five years and pecuniary penalties. Active bribery as a felony carries up to eight years. Passive bribery in breach of duty carries up to ten years, and up to twenty years in aggravated cases (habitual offences or high-value benefits). Individuals who contribute substantial information about a public official’s involvement can receive reduced or suspended sentences.
Corporate criminal liability (Law 5090/2024). A company is criminally liable if bribery is committed for its benefit or on its behalf by a person in a management position, with representative authority, or with decision-making or control power within the entity. Fines range from €50,000 to €10 million, or up to double the entity’s annual pre-tax net profits if that figure exceeds €10 million. Courts can also revoke or suspend the entity’s operating licence for up to two years, or order cessation of operations.
Where bribery is committed by a subordinate, assignee, or intermediary due to insufficient supervision, the entity still faces fines of €10,000 to €5 million (or up to the entity’s annual pre-tax net profits). This is the supervision failure route – and it’s the one that makes compliance programmes directly relevant to sentencing.
Corporate liability applies even if the individual perpetrator cannot be identified, and prosecution of the entity proceeds independently of any criminal proceedings against natural persons. Sentence bargaining is available and leads to lower fines and the exclusion of additional sanctions. Internal investigations that contribute to clarifying the offence are explicitly taken into account in calculating sanctions.
WHO INVESTIGATES AND PROSECUTES
The primary enforcement body is the Prosecutor’s Office against Financial and Economic Crime (Εισαγγελία Οικονομικού Εγκλήματος), based in Athens with prosecutors also assigned to Thessaloniki. It works alongside the Special Body of Investigators for acts of corruption. These are specialised prosecutors with significant investigative powers, including the ability to access financial records, freeze assets, and coordinate with international enforcement authorities.
In practice, Greek anti-corruption enforcement has historically focused on public-sector bribery – procurement fraud, abuse of office, and bribery of government officials. Enforcement against private-sector bribery exists but is less developed. The corporate criminal liability provisions of Law 5090/2024 have not yet been tested extensively in court, but they signal a clear shift in the enforcement direction.
LIMITATION PERIODS
These matter, especially for historical conduct. Misdemeanours (imprisonment up to five years) prescribe after five years from the act, with an additional three-year suspension after indictment. Felonies (imprisonment of five to twenty years) prescribe after fifteen years, with a five-year suspension after indictment. The abolition of the old Law 1608/1950 – which had imposed a twenty-year limitation for bribery causing state damage exceeding €150,000 – means the standard fifteen-year felony period now applies to most public-sector bribery cases.
WHISTLEBLOWER PROTECTION
Law 4990/2022 transposed the EU Whistleblowing Directive into Greek law. Companies with fifty or more employees must establish internal reporting channels for whistleblowers. Protections cover the whistleblower’s personal, professional, and employment status – including protection against dismissal, demotion, blacklisting, and retaliatory prosecution. Violations of these protections carry criminal penalties (imprisonment and fines) and civil liability for damages.
Separately, the Greek Code of Criminal Procedure provides for “witnesses of public interest” – individuals who provide substantial information on corruption by public officials. These witnesses receive procedural protections and potential sentencing benefits.
EXTRATERRITOTIAL EXPOSURE
Companies operating in Greece may also face liability under the U.S. Foreign Corrupt Practices Act or the UK Bribery Act if they have business connections to those jurisdictions. Greek subsidiaries of U.S. or UK parent companies, joint ventures with U.S. or UK partners, or Greek companies listed on foreign exchanges may be caught by these extraterritorial regimes in addition to Greek law.
The EU’s own anti-corruption framework continues to develop, including through the new Directive on combating corruption (replacing the 2003 Framework Decision), which will require further Greek legislative transposition.
What this means in practice
For foreign businesses operating in Greece, the practical implications of Law 5090/2024 are direct: companies – not just individuals – can now be convicted and fined for bribery committed on their behalf. The supervision failure route means that the absence of adequate compliance procedures is itself a basis for corporate liability.
We advise on designing and implementing anti-bribery compliance programmes that are proportionate to your operations in Greece, conducting internal investigations when bribery risks are identified, representing companies and individuals in proceedings before the Prosecutor’s Office against Financial and Economic Crime, and navigating the intersection of Greek, EU, and extraterritorial anti-corruption obligations.
Contact us if you need anti-corruption advice for your Greek operations. The corporate liability regime is new, the enforcement infrastructure is established, and the penalties are substantial.
Frequently Asked Questions
Can our company be held liable for actions of our employees or agents?
Yes. Under Greek law and most international anti-corruption frameworks, companies can face criminal, administrative and civil liability for corrupt acts committed by their employees, agents, representatives, or other third parties acting on their behalf or for their benefit. This liability exists even if senior management was unaware of the misconduct or explicitly prohibited such behavior. This is why implementing robust compliance programs, conducting thorough due diligence on third parties, and maintaining strong internal controls are essential for managing corporate risk.
What are facilitation payments and are they allowed?
Facilitation payments are small payments made to government officials to expedite routine, non-discretionary administrative processes such as processing visas, issuing permits, or clearing customs. While some jurisdictions historically distinguished facilitation payments from bribes, Greek law does not recognize this distinction, and such payments are generally prohibited. International standards, including the UK Bribery Act, also prohibit facilitation payments. Companies should establish clear policies against making any payments to government officials outside official channels and train employees to resist pressure for such payments.
How much can we spend on gifts and hospitality for clients or government officials?
There is no single monetary threshold that automatically makes a gift or hospitality appropriate or inappropriate. The key factors are the purpose, frequency, value, and context of the gift or hospitality. It must be legitimate, reasonable, proportionate, transparent, and not intended to influence a specific decision or secure an improper advantage. Many companies establish internal limits based on these principles, often distinguishing between commercial clients and government officials, with stricter rules for the latter. Gifts or hospitality exceeding certain thresholds typically require management approval and proper documentation. Lavish or frequent gifts, cash or cash equivalents, and anything provided around the time of important decisions should generally be avoided.
Do we need an ABAC compliance program if we’re a small business?
Yes. While the complexity and formality of a compliance program should be proportionate to a company’s size, resources, and risk exposure, businesses of all sizes operating in Greece or internationally should have basic ABAC policies and procedures. Even small businesses face legal liability for corruption, can be excluded from public procurement for violations, and may lose business relationships if they lack adequate compliance standards. A small company’s program may be simpler than a multinational corporation’s, but it should still include written policies, employee training, basic due diligence on third parties, and mechanisms for reporting concerns.
What should we do if we discover a potential ABAC violation in our company?
Upon discovering a potential violation, you should immediately notify appropriate internal channels such as the compliance officer, legal department, or senior management. Many companies have established reporting mechanisms or hotlines for this purpose. The matter should be investigated promptly and thoroughly by qualified personnel, often with legal guidance. During the investigation, preserve all relevant documents and communications. Depending on the findings, you may need to take disciplinary action against individuals involved, implement corrective measures to prevent recurrence, and in serious cases, consider voluntary disclosure to authorities. Taking swift, appropriate action demonstrates the company’s commitment to compliance and may mitigate potential penalties.
Are we required to conduct due diligence on all third parties we work with?
While legal requirements vary, best practice is to conduct risk-based due diligence on third parties who will act on your behalf or represent your company, particularly agents, consultants, distributors, joint venture partners, and intermediaries who interact with government officials. The depth of due diligence should be proportionate to the corruption risk presented by the relationship, considering factors such as the third party’s role, the jurisdiction where they operate, their compensation structure, and their interaction with government officials. High-risk relationships warrant enhanced due diligence including background checks, reference verification, and ongoing monitoring.
What are the penalties for ABAC violations in Greece?
Penalties for individuals can include substantial fines and imprisonment for several years depending on the severity of the offense. For legal entities, fines can be significant and are often calculated based on the company’s financial situation and the scale of the violation. Additional penalties may include exclusion from public procurement for specified periods, loss of licenses or permits, judicial supervision, confiscation of proceeds from corruption, and in extreme cases, dissolution of the legal entity. Beyond formal legal penalties, companies face reputational damage, loss of business relationships, and decreased market value. The full cost of violations typically far exceeds direct legal penalties.
Do anti-corruption laws apply to private commercial transactions or only government dealings?
While much anti-corruption enforcement focuses on interactions with government officials (public sector corruption), Greek law and international standards also prohibit corruption in purely private commercial contexts. Bribing employees of private companies to gain business advantages, such as securing contracts or obtaining confidential information, is illegal. Private sector corruption can result in criminal prosecution, civil liability, and other consequences similar to public sector corruption. Companies should therefore implement ABAC compliance measures that address both public and private sector corruption risks.
Can we face liability under foreign anti-corruption laws even though we’re based in Greece?
Yes. Certain foreign anti-corruption laws, particularly the U.S. Foreign Corrupt Practices Act and the UK Bribery Act, have broad extraterritorial reach. Greek companies can be subject to these laws if they have business connections to those jurisdictions, such as securities listed on U.S. exchanges, business operations or subsidiaries in those countries, use of U.S. banking systems for transactions, or contracts with U.S. or UK companies. Even a single corrupt payment involving U.S. territory or currency could potentially trigger FCPA jurisdiction. Companies with international operations or relationships should understand which foreign laws may apply to them and ensure compliance with the strictest applicable standards.
What role do senior management and the board of directors play in ABAC compliance?
Senior management and the board have critical responsibilities in establishing and maintaining an effective compliance culture. They must demonstrate visible commitment to ethical business conduct, allocate adequate resources to the compliance program, establish appropriate policies and oversight mechanisms, ensure compliance is considered in business decisions and strategy, receive regular reports on compliance risks and program effectiveness, and take prompt action when violations are discovered. Regulators increasingly focus on the “tone at the top” when evaluating compliance programs. A strong compliance program that lacks genuine leadership support will likely fail, while leadership commitment can embed ethical conduct throughout the organization.
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