Invitations and gifts in kind are not only a topic that concerns employees during the Christmas season. In order to avoid possible compliance violations, some basic rules must be observed. However, the legislator does not specify any concrete value limits for the acceptance and granting of gifts and other benefits. It is therefore all the more important that companies define their own rules and communicate them to employees and managers accordingly. Accordingly, companies deal with gifts in different ways: While some do not allow any gifts or gratuities at all, others define specific value limits or leave it up to the recipient or giver to judge whether the act is socially appropriate and customary in the industry. It is not uncommon for the approval of a supervisor or compliance officer to be required if certain limits are exceeded. But when is a gift considered problematic?

Timing, frequency, appropriateness

In order to assess this, the timing, frequency and appropriateness of the gift play a role. For example, the gift must not be made in connection with the conclusion of a contract or other significant business decisions. Gifts should also always be occasion-related and not given too frequently. In addition, they must never be tied to conditions. And, of course, they must comply with the limits of proportionality and appropriateness. Accordingly, gifts of any kind must be customary in the given context. This refers not only to the value of the gift, but also to the position of the giver and the recipient. Thus, gifts to public officials are generally taboo. Gifts should also always be sent to the company address, never to the private address. But what does this mean for the Christmas season? Would it be better for companies to do without gifts? Or does compliance permit gifts to customers, business partners and suppliers within certain limits?

Even at Christmas, caution is advised

The good news is that small gifts at Christmas are generally unproblematic and continue to be standard business practice. A simple bottle of wine or chocolates are therefore generally not a problem, provided they are explicitly presented as a Christmas greeting. Nevertheless, companies should also exercise particular caution at Christmas time. However, extravagant gifts should be avoided as far as possible. These include, in particular, jewelry, invitations to upscale restaurants or events. Under no circumstances should the gift give the impression that it is intended to or could influence the recipient in his or her business decision-making. In the case of employees in the public sector, you should refrain from any kind of gratuity - too quickly you move into terrain that is relevant under criminal law. It is therefore advisable to consider not only your own compliance rules, but also those of your customers, business partners and suppliers. Companies should ensure that their guidelines are concrete and practical. Employees and managers can be trained in the handling of gifts and gratuities with sound training to prevent the anticipation of Christmas from being clouded by uncertainty and doubt. Security-Island supports you in this and has developed a modular training on the correct handling of gifts and gratuities.