Tiago Félix da Costa highlights impact of new Anti-Corruption Directive on companies

Morais Leitão partner Tiago Félix da Costa comments to Advocatus on the new European anti-corruption rules, which could increase fines for companies to up to €40 million, and highlights the importance of compliance programmes.

The new European Anti-Corruption Directive will require Portugal to amend its legislation and could significantly increase the penalties applicable to companies. Tiago Félix da Costa analyses the impact of the new European framework and advocates a more prominent role for compliance programmes.

Fines for corruption could reach €40 million

One of the main changes is the increase in financial penalties. For certain offences, companies may face fines with a maximum level of at least 5% of their worldwide turnover or, alternatively, €40 million.

“Just consider that the maximum fine currently applicable to companies for corruption is €8 million for the offence of aggravated active corruption,” says Tiago Félix da Costa. According to the Morais Leitão partner, corporate corruption may therefore also represent “a significant financial risk for large economic groups”.

Compliance could play a more prominent role

The impact will also depend on how Portugal transposes the Directive. Tiago Félix da Costa welcomes the possibility of effective internal controls and corruption prevention mechanisms being considered a mitigating circumstance, but believes Portugal should be more ambitious.

“The Portuguese legislator can and should go further, excluding the liability of legal persons whenever companies can demonstrate robust programmes and controls for the prevention of corruption and related offences, which are not merely ‘for show’,” he argues.

For Tiago Félix da Costa, the effectiveness of the new framework will not depend solely on legislative changes. Prevention, resources, training and investigative capacity will be equally important. “If Portugal merely carries out a formal transposition, the impact may be limited,” he warns.

Directive (EU) 2026/1021 must be transposed by the Member States by 1 June 2028.

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