 Section 7 creates the " broad and innovatory offence " of the failure of commercial organisations to prevent bribery on their behalf . This applies to all commercial organisations which have business in the UK . Unlike corporate manslaughter , this does not only apply to the organisation itself ; individuals and employees may also be found guilty . The offence is one of strict liability , with no need to prove any kind of intention or positive action . It is also one of vicarious liability ; a commercial organisation can be guilty of the offence if the bribery is carried out by an employee , an agent , a subsidiary , or another third @-@ party , as found in Section 8 . The location of the third @-@ party is irrelevant to the prosecution — according to David <unk> and Nichola Higgins in the Archbold Review , " therefore , a German business with retail outlets in the UK which pays a bribe in Spain could , in theory at least , face prosecution in the UK " . Under Section 7 ( 2 ) , the commercial organisation has a defence if it can show that , while bribery did take place , the commercial organisation had in place " adequate procedures designed to prevent persons associated with [ the organisation ] from undertaking such conduct " . Under the Act 's explanatory notes , the burden of proof in this situation is on the organisation , with the standard of proof being " on the balance of probabilities " . 
