Christmas is over and with it the time for presents? No, because legally compliant gift-giving is an issue all year round!

Promotional gifts are a popular way for companies to attract new customers, to be remembered by existing customers and simply to cultivate their image. However, it is important to consider whether promotional gifts are permitted by law or in accordance with compliance guidelines.

First of all, a distinction must be made between promotional gifts in the public sector, i.e. to public officials, and those in the private sector to customers/private individuals. The former is subject to stricter limits. In the private sector, so-called “feeding” is generally permitted, provided it is not punishable under competition law.

However, a few basic rules must be observed:

• It is important that it is recognizable as a promotional gift. It should contain a company logo, an advertising and/or greeting message from the company or otherwise be recognizable as a promotional gift. A promotional purpose must also be fulfilled.
• In the public sector, there must be no clear connection between the promotional gift and an action by the recipient for the benefit of the donor, especially if the gift is intended to bring about an action (or omission) in breach of duty.
• In the case of public officials, but also in private business transactions, de minimis limits (upper value limits) must be observed. As a guide, a total value not exceeding €100 can be assumed here.
• In the private sector or in business transactions, any compliance guidelines of business partners should also be observed.

Illegal promotional gifts are punishable under the German Criminal Code (StGB), but in some cases also under the German Corporate Responsibility Act (VbVG).

Source: Die Presse Rechtspanorama from 20.12.2021 “Legally compliant gifts: questions & answers”

We will be happy to advise you personally on which promotional gifts are permissible, when and to whom, and how to behave in the event of criminal conduct in connection with promotional gifts, even if they were given by employees. The creation of compliance measures in your company can also prevent criminal liability under the Corporate Criminal Liability Act (VbVG) and we will be happy to advise you in this area as well.