Amidst record fines, Hogan Lovells Global Bribery and Corruption Outlook reveals the trends to watch out for in 2020

Hot on the heels of the firm’s Steering the Course research into the compliance concerns of businesses around the world, the report outlines a number of legislative developments and trends to watch out for in 2020.

The analysis, edited by Hogan Lovells partners Lillian S. Hardy and Desiree Maier, reveals an uptick in enforcement around the world, and demonstrates that culture and the tone from the top matter most in managing bribery and corruption risk.

Companies around the world may find themselves caught out by differing approaches of antitrust and anti-corruption regulators. Some themes to watch out for in 2020 include:

• The new EU Whistleblowing Directive – despite its two-year implementation deadline (December 2021), companies must act now to avoid hefty penalties
• FCPA and the need to disclose deals voluntarily to the DOJ in the U.S. to mitigate M&A risks
• The impact of the new Miami-based international corruption squad on anti-bribery and corruption efforts in Latin America
• Growing scrutiny on the technology sector in the age of “fake news”
• Shifts in the United States’ antitrust policy on compliance credit, and the EU Commission’s reluctance to credit compliance efforts in competition cases
• New anti-corruption laws in Vietnam, Malaysia and Indonesia, and their potential impact – e.g. Indonesia’s Corruption Court sentenced the first company for corruption crimes last year
• Draft legislation in Germany: while companies aren’t obliged to cooperate, sanctions may be reduced if a company waives attorney – client privilege in internal investigations. In contrast, not cooperating can often result in dawn raids.