{
  "url": "https://openlegislation.uk/eu-directive-2009-52/article-11",
  "json_url": "https://openlegislation.uk/eu-directive-2009-52/article-11.json",
  "legislation": "eudr/2009/52",
  "legislation_title": "Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals",
  "legislation_url": "https://openlegislation.uk/eu-directive-2009-52",
  "path": "article/11",
  "kind": "article",
  "number": "11",
  "heading": "Liability of legal persons",
  "text": "1. Member States shall ensure that legal persons may be held liable for the offence referred to in Article 9 where such an offence has been committed for their benefit by any person who has a leading position within the legal person, acting either individually or as part of an organ of the legal person, on the basis of:\n(a) a power of representation of the legal person;\n(b) an authority to take decisions on behalf of the legal person; or\n(c) an authority to exercise control within the legal person.\n2. Member States shall also ensure that a legal person may be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of the criminal offence referred to in Article 9 for the benefit of that legal person by a person under its authority.\n3. Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the offence referred to in Article 9.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2009/52/article/11",
    "retrieved_at": "2026-11-01T15:22:11.583220+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}