Commentaries: Art. 4a

A person acts unfairly if they:
1. offer, promise or grant an undue advantage to an employee, a company member, an agent or another auxiliary person of a third party in the private sector in connection with the latter's official or business activity in return for an act or omission in breach of the latter's duty or subject to their discretion for the former's benefit or for the benefit of a third party;
2. ¹ as an employee, a company member, an agent or another auxiliary person of a third party in the private sector solicit the offer or promise of or accept an undue advantage in connection with their official or business activity in return for an act or omission in breach of their duty or subject to their discretion for their own benefit or for the benefit of a third party.
Advantages contractually approved by the third party and minor, socially customary advantages are not undue advantages.

The correction by the FA Drafting Committee of 10 Dec. 2015, published on 31 Dec. 2015, relates to the Italian text only (AS 2015 5999). ↩

Art. 4a