The European Union has reached political agreement on its first comprehensive criminal law framework to address corruption across all 27 Member States. The deal, finalised in early December 2025 after more than two years of negotiation, represents a significant structural shift in how the bloc defines and prosecutes corruption. Although the final text reflects substantial compromise, it still creates a common legal baseline that national authorities will be required to meet in the coming years.
Many governments had concerns about the scope of the original proposal, which led to a more flexible and less prescriptive directive. However, the agreement still marks the first time the EU has put forward a single set of rules covering both public and private sector corruption. For compliance teams, the directive signals a period of legal alignment across the region, even though its direct impact on corporate operations may be moderate at first.
The long road to agreement
The directive is part of the European Commission’s 2023 anti corruption package, drafted against a backdrop of rising public concern, several high profile scandals and repeated calls for more consistent rules. Negotiations were fraught from the outset. Some member states were reluctant to allow the EU to set minimum criminal law standards, and others objected to specific offences such as the proposed requirement to criminalise abuse of office. That provision was removed after objections from Italy, Germany and the Netherlands, leading to more general wording that focuses instead on serious unlawful acts committed by public officials in the course of their duties.
The final agreement reflects a broad compromise. It softens several provisions from the original proposal and makes more room for national discretion. Even so, it introduces rules that have never previously existed at EU level.
The text will now undergo formal approval by the European Parliament and the Council. This final step is expected, after which the directive will be published in the Official Journal and the transposition period will begin.
On the day the deal was reached, Brussels was dealing with one of the most significant corruption allegations ever levelled at an EU institution. Authorities in Belgium acting on behalf of the European Public Prosecutor’s Office (EPPO) carried out raids on the offices of the EU diplomatic service (the European External Action Service, EEAS) in Brussels, and on the campus of the College of Europe in Bruges.
Three senior individuals were detained on suspicion of procurement fraud, corruption, conflict of interest and violation of professional secrecy. Among them was Federica Mogherini, former EU High Representative for Foreign Affairs, along with other senior officials.
What the directive actually does
The core purpose of the directive is to harmonise definitions of corruption offences and to introduce minimum rules on penalties, liability and preventive measures. It consolidates offences that were previously scattered across various instruments and extends EU criminal law into areas that were not previously regulated in a unified way.
Member states will now share a common list of corruption offences. These include bribery in both public and private sectors, misappropriation of funds, obstruction of justice, trading in influence, concealment, unlawful enrichment linked to corruption and specific forms of wrongdoing involving public officials. The inclusion of unlawful enrichment is notable because it targets situations where individuals benefit from the proceeds of corruption without necessarily engaging in separate money laundering offences.
The directive also establishes minimum maximum sentences for natural persons. Depending on the offence, member states must set maximum prison terms of at least three to five years, although governments may legislate for stricter penalties. For companies and other legal persons, the directive sets minimum ranges for maximum fines that are linked either to global turnover or to fixed monetary thresholds. National systems may impose higher limits if they wish.
The text also addresses jurisdiction. All member states must prosecute offences committed on their territory or by their nationals. They may choose to apply jurisdiction more broadly if a corruption offence benefits a company established on their territory or targets their residents, although this is optional.
Prevention and institutional requirements
The directive goes beyond criminal definitions and sanctions. It requires member states to take preventive measures and to improve the structures that oversee corruption enforcement.
Each member state will have to adopt and update a national anti corruption strategy. These strategies must be developed in consultation with civil society and relevant oversight bodies.
Governments will also have to assign corruption prevention and enforcement responsibilities to specific bodies or units. The directive permits these responsibilities to sit within existing institutions, which reflects a key compromise. Some politicians and civil society groups had argued for fully independent specialised agencies, but this did not gain the required support.
Public awareness measures, transparency obligations and safeguards for individuals who report corruption are also included. These are intended to work alongside the EU whistleblowing directive, which already sets minimum standards for internal and external reporting channels.
At EU level, cooperation with bodies such as OLAF, Europol, Eurojust and the European Public Prosecutor’s Office will be strengthened. One of the most significant transparency provisions is the introduction of annual EU wide corruption data. Member states will have to provide harmonised statistics that will then be published in an accessible format, allowing policymakers and investigators to track trends and compare performance across the bloc.
Coverage of EU officials
The directive adopts a single definition of public official that covers national civil servants, staff of EU institutions and individuals in international organisations and courts. This replaces older instruments that separately addressed corruption involving EU officials. The intention is to ensure consistent treatment when offences involve those working within EU institutions.
The directive does not create new rules on former officials or on issues such as conflicts of interest arising after leaving office. These questions remain primarily governed by existing ethics regimes under EU staff regulations and national laws. However, many offences covered by the directive can apply to conduct linked to a person’s former role, and the text stresses that procedural obstacles such as short limitation periods should not impede complex investigations.
What it means for businesses
For most companies, the directive will not immediately transform compliance obligations. Member states already criminalise bribery, misappropriation and related offences, and many also impose corporate liability for corruption. The directive creates consistency across borders, which may matter for multinational organisations that operate in several EU countries, but the practical day to day effect is likely to be moderate in the short term.
The greater value for businesses lies in legal clarity and more predictable cooperation between national enforcement authorities. Harmonised definitions and penalties make cross border investigations easier. Annual corruption data and national strategies will increase transparency. Companies operating in sectors vulnerable to corruption may find that enforcement becomes more coordinated, even if overall standards differ from country to country.
The directive also reinforces obligations to support whistleblowers and to implement internal controls that reduce corruption risk. Although these measures are familiar to businesses that already comply with EU or domestic corporate governance rules, the directive signals continued political attention on prevention and reporting.
What happens next
Once the directive is formally adopted, member states will have a transposition period during which they must amend their criminal codes, institutional frameworks and prevention systems to meet the new minimum standards. This will take time and the extent of legal change will vary. Some countries already have detailed anti corruption regimes that align with the directive. Others will need to revise definitions, adjust penalty structures or expand institutional capacity.
The European Commission will oversee implementation, supported by annual reporting and ongoing cooperation with investigative bodies. The Commission has also announced plans to introduce a new EU anti corruption strategy in 2026, which may build on or expand the framework established by this directive.
Implementation timeline for the EU Anti Corruption Directive
Early 2026: Formal approval
The European Parliament and the Council are expected to give formal approval in the first months of 2026. This step confirms the political deal and clears the way for publication.
Spring 2026: Publication in the Official Journal
Once approved, the directive will be published in the Official Journal of the European Union. It will enter into force twenty days after publication.
Mid 2026: Transposition period begins
Member states will then begin the formal transposition period. This is when national governments must update their criminal codes, institutional frameworks and prevention systems to meet the directive’s minimum standards.
From 2027: Annual corruption data publication
The directive requires the EU to publish harmonised corruption statistics each year. The first complete dataset is expected roughly a year after the directive enters into force, with annual updates thereafter.
Mid 2028: Deadline for national implementation
Countries will have two years to transpose the directive into national law. This means all legislative changes must be adopted by around mid 2028. Some member states may act sooner, depending on how closely their existing frameworks already align with the directive.
Mid 2029: Submission of national anti corruption strategies
One year after transposition, member states must submit their national anti corruption strategies to the European Commission. These strategies must be developed with civil society and relevant authorities and will be part of the Commission’s ongoing oversight.
2030: Commission review and upcoming strategy
The Commission will monitor implementation continuously and has already announced plans for a new EU anti corruption strategy in 2026. This may lead to further proposals in the second half of the decade, depending on how effectively member states adopt and enforce the directive.
