Supply Chain Due Diligence Act | Fieldfisher
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Advice on the Supply Chain Due Diligence Act

The Act on Corporate Due Diligence in Supply Chains came into force on 1 January 2023. This means that companies in Germany will have to ensure the protection of human rights in their supply chains in the future. Whether it is the adaptation of your compliance standards, statements, expert opinions, information events, or a general need for advice in connection with the German Act on Corporate Due Diligence in Supply Chains ("Lieferkettensorgfaltspflichtengesetz" - LkSG) – our experts offer you individual and tailor-made solutions. We support you in the legal structuring of your supply chains, including international procurement and distribution structures.

Our services

Together with you, we develop a clear idea of how the due diligence obligations and risks should be distributed in the business relationships with your suppliers and customers and implement them for you. This avoids time-consuming and costly legal disputes as well as fines and sanctions due to breaches of due diligence obligations:

  • Providing an overview of the existing and upcoming national, European and international legal requirements with regard to sustainable action in supply chains.
  • Advice on the applicability of the Supply Chain Due Diligence Act (calculation of threshold values, especially in the case of an attribution of group companies) 
  • Advice on initiating the necessary adjustments to the legal texts in order to avoid violations and negative consequences (e.g. fines, contractual penalties or exclusion from public contracts)
  • Preparation of policy statements and codes of conduct
  • Adaptation of existing model contracts (especially in purchasing) and general terms and conditions of business
  • Support with legal issues in connection with risk analysis
  • Advice in connection with the establishment of a complaints management system in the form of a whistleblower system, including the design of the systems in compliance with data protection and labour law requirements
  • Legal advice in connection with the required documentation and reporting obligations
  • Conducting trainings and workshops on these topics for responsible employees and managers
  • Examination of CSR issues and compliance with the requirements of the Supply Chain Due Diligence Act in the context of corporate transactions (compliance due diligence)
  • Support in legal disputes with suppliers and customers as well as official proceedings with regard to violations of due diligence obligations in supply chains
  • Advice on liability issues of your managing directors and board members with regard to due diligence obligations incl. representation in the context of official or civil proceedings