How to address conflicts of interest during the holidays
At last, the holidays are finally here! That time of year when people celebrate with feasts, family time, and, of course, gift-giving. But it’s the last of these customs that can cause problems for employees who unknowingly violate their organization’s gifts and hospitality compliance policies.
Discerning between appropriate and inappropriate gifts can be difficult under the best of circumstances; throw in festivities defined in part by the exchanging of presents, and compliance questions quickly grow complex. Here are six practical ways to avoid conflicts of interest without offending, or playing the part of office scrooge.
Understanding conflict of interest gifts and compliance rules
Let’s start with the basics: What exactly is a conflict of interest (COI)?
A conflict of interest occurs when your personal interests and the interests of your organization are not aligned. These can arise through personal relationships with current or potential suppliers, vendors, customers, clients, or competitors. Conflicts of interest can also come from outside activities such as part-time or contract work, volunteering, investments, membership on a board, hiring or working for family members or close friends – or accepting inappropriate gifts and hospitality.
At their core, COIs have one key thing in common with the holidays – namely, that they center on relationships and trust. Your employers trust you to make business decisions in the company’s best interest and aligned with the corporate gift giving policy. When unreported conflicts occur, they risk breaching that trust, which in turn can harm that relationship.
Given this, it’s not surprising that many of the best guidelines on how to sustain healthy relationships also apply to gifts and hospitality compliance: Both rely on transparency and clear communication.
Conflicts of Interest in 2025: Navigating Disclosure, Risk, and Accountability
Explore global compliance expectations for conflicts of interest and see how to strengthen disclosure, oversight, and accountability.
Here are 6 ways to avoid conflicts of interest (COI) this holiday gift-giving season
- Focus on the appearance, not the intention
- Consider the value of the gift
- Share the gift – and never solicit
- Don’t accept cash gifts
- Double-check your Code of Conduct
- Train employees on company policies around COI
1. Focus not on appearance, not intention
Unlike all those times you proudly presented your parents a handmade popsicle-stick ornament with your school portrait tacked inside, when it comes to business gift-giving, it’s definitely not “the thought that counts.” To avoid conflict of interest gifts, shift your focus away from the message you meant and instead pay attention to what it may communicate to others.
Conflicts of interest aren’t just about intention. It doesn’t matter if the recipient was influenced by a gift, or whether the giver meant to affect a particular outcome. If the gift gives even the appearance of undue influence, it creates a conflict. Don’t rely on your own perception of events when assessing a situation. Dispassionately consider the facts and how they could be interpreted by others.
Above all, never accept a gift of any type that may create a sense of obligation, either explicit or implied. If public disclosure of a gift would be embarrassing to your organization, then don’t give or accept it.
2. Consider the value of the gift
One of the primary ways a gift communicates intent is through its value. If you receive an expensive and elaborate gift, it’s a good indication there may be expectations tied to the gift.
Similarly, the value of a business gift matters a good deal with respect to conflict of interest gifts. When receiving a gift, always ask yourself, “Is this nominal in value?” Don’t let the presence of any branding fool you; an expensive item isn’t okay to accept just because it has your vendor’s logo.
Value also applies to meal items. Of course, every company will have its own policies with respect to accepting business lunches and dinners, but most will advise you to steer clear of expensive or extravagant items. Politely refuse if you’re offered a $500 bottle of champagne to toast in the New Year.
Also, remember not to factor in any “deals” the giver may have received when assessing a gift’s value. It doesn’t matter if your vendor purchased that iPad at a severe discount, or if the condo will simply go to waste if you don’t use it for the weekend. It is the objective value of an item – not its actual cost – a conflict of interest may be established.
Gift acceptability checklist
Use this quick self-check before offering or accepting a holiday gift:
- Is it nominal in value?
- Would I be comfortable if my manager – or the public –knew about it?
- Could it create a sense of obligation or influence?
- Have I disclosed or shared it according to company policy?
This simple checklist reinforces transparency and supports your organization’s gifts and hospitality compliance program by helping employees assess real-world scenarios quickly and consistently.
Legal lens
While every corporate gift giving policy will differ, most organizations are expected to comply with anti-bribery and corruption laws such as the Foreign Corrupt Practices Act (FCPA). Public-sector and government interactions often carry stricter limits. When in doubt, disclose and document gifts that could appear improper.
3. Disclose the gift (and NEVER solicit)
Sometimes, a gift may fall into the gray area – not too expensive, but not necessarily cheap, either. Quality gift baskets are a frequent offender, with costs ranging anywhere from $20 to $200.
If you receive such a gift, what should you do?
Get fully into the holiday spirit and share the contents with your office. Sharing transforms a gift from a personal item to an individual employee to a present for your whole department – and fits perfectly with the season.
But what if a supplier or vendor sends gift baskets to every department but yours? It’s most likely a mistake or an oversight; would it be proper to let them know? After all, you wouldn’t want them to be embarrassed, right?
In a word, no. Unlike Santa, it is never proper to ask a supplier or vendor for treats, swag, or other gifts, no matter how sincere your intentions are or how oblique the request.
Even otherwise proper gifts cannot be accepted if they were solicited.
Checklist of what to do if you’ve already accepted a gift
- Disclose it immediately to your manager or compliance team
- Document the details – who gave it, what it was, value and date
- Return or donate the item when possible
- Share with your department to remove any personal benefit
Transparency is key – documenting and sharing ensures ethical handling of conflict of interest gifts and demonstrates accountability.
4. Don’t give or accept cash
There’s a lot of debate over whether cash or cash equivalents (like gift cards) are appropriate gifts. When it comes to business gift-giving, however, the rules are clear: it is not proper to receive cash or cash equivalents of any kind, no matter how nominal the value.
That said, there is one cash equivalent alternative that may be acceptable: Most modern gift card issuers offer the option to donate the sum to a charity instead. This is generally acceptable, but consult your company’s code of conduct and gift-giving policy to make sure.
5. Check your code of conduct
These rules can help you make the right gift-giving (and receiving) decisions during the holiday season. However, your company’s conflict of interest and gifts and hospitality compliance policies remain the essential resources you should consult when determining whether to give or receive a gift.
If you are your organization’s compliance officer, it’s important that your company’s gift-giving policies and code of conduct are up to date and compliant with the latest industry rules and regulations. Highlight rules governing interactions with government officials, as these tend to be stricter. Make sure your compliance program has a simplified and streamlined way to collect, track and mitigate COI.
Managing gifts and hospitality compliance across borders
Gift expectations vary by culture. In some regions, refusing a gift may be considered rude. Establish global guidelines with local flexibility – define clear reporting thresholds, regional approval workflows, and consistent disclosure processes.
6. Train employees on company policies around COI
Last, but not least, make sure to t offer COI training to your employees on your organization’s gift-giving and receiving policies. Offering a micro-learning session before the holiday is a great way to keep your audience informed without taxing too much of their time during what can be a busy time of year.
Above all, remember: When in doubt, speak up. If you have questions about whether a gift is appropriate, ask a manager or other internal resource. Be as transparent as possible. Most organizations require their employees to tell management about gifts that have been offered or received.
Observing these simple rules can help you keep clear of conflicts of interest this season, giving you peace of mind as you shift your thoughts to peace on Earth – and leaving you free to worry about all the other gifts and givers on your holiday list!
Corporate Gift Guidelines | 2025 Holiday Gifting Toolkit
Strengthen your compliance program and boost your organization’s culture of transparency to protect against potential risks and conflicts and misconduct. Download the toolkit resources for effective …
Frequently asked questions about conflicts of interest and business gifts
What are common examples of conflicts of interest?
Common examples include situations where an employee’s personal interests could improperly influence business decisions. These may involve personal relationships with vendors, clients or competitors, outside employment or consulting work, investments in partner organizations, or accepting gifts or hospitality that could appear to sway judgment. Even if the intention isn’t unethical, the appearance of favoritism or undue influence can create a conflict of interest – and must be disclosed promptly.
Is there any reason to not report accepting gifts?
No. There is never a valid reason to withhold disclosure of a gift or hospitality, even when the value seems small or the intent harmless. Transparency protects both the employee and the organization. Reporting creates a record of ethical behavior and allows compliance teams to determine whether the gift falls within company policy or legal limits. Failing to disclose can raise compliance red flags – and erode trust – even if the gift itself was acceptable.
What are the consequences of a conflict of interest?
Unreported or mishandled conflicts of interest can result in disciplinary action, reputational harm and legal exposure for both the employee and the organization. From a regulatory standpoint, conflicts can lead to violations of anti-bribery or anti-corruption laws such as the Foreign Corrupt Practices Act (FCPA). Even perceived conflicts can undermine workplace trust, damage client relationships and reduce confidence in the organization’s integrity.
Can an employer legally accept a gift from an employee?
Generally, no. While small tokens of appreciation – such as cards or nominal gifts – may be acceptable in certain cultures or workplace traditions, gifts of value from subordinates to supervisors or the company can create the appearance of favoritism or coercion. Most codes of conduct advise leaders to politely decline or redirect gifts to a team or charitable cause. When in doubt, the safe course is to disclose the gift to the compliance or HR team.
Can I accept a vendor’s gift basket during the holidays?
It depends on the value and intent of the gift. If the basket is modest and sent as a general gesture – such as one shared among a team – it is often permissible when disclosed according to company policy. However, expensive or exclusive gifts may create a sense of obligation and should be declined or shared to remove personal benefit. Never solicit gifts, and always document any that are received. When in doubt – share, disclose or return.
What if a client offers event tickets or travel?
Tickets, travel or high-value entertainment from clients or suppliers are typically considered gifts with potential for undue influence. If the offer includes travel, accommodations or luxury experiences, it likely exceeds acceptable value thresholds. The best practice is to decline or obtain written approval from management or the compliance team before accepting. Public-sector or government employees face even stricter rules – where accepting such gifts is almost always prohibited.
Are digital gifts (e-cards, subscriptions, NFTs) considered gifts?
Yes. Digital assets – including e-gift cards, online subscriptions, non-fungible tokens (NFTs) and other virtual tokens – are treated the same as physical gifts under most conflict of interest and gift policies. If a digital gift has monetary or exchangeable value, it should be disclosed and assessed like any other item. Non-monetary tokens, such as simple holiday e-cards, are typically acceptable – but transparency and documentation remain best practice.
