Article 4 — Bribery in the private sector

Member States shall take the necessary measures to ensure that, where it is intentional and in the course of economic, financial, or business or commercial activities, the following conduct constitutes a criminal offence: (a) the promise, offering or giving, directly or through an intermediary, of an undue advantage of any kind to a person who in any capacity directs or works in a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties (active bribery in the private sector); (b) the request or receipt by a person who in any capacity directs or works in a private-sector entity, directly or through an intermediary, of an undue advantage of any kind or the acceptance of the offer or the promise of such an advantage for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties (passive bribery in the private sector).