Compliance with Supply Chain Due Diligence Act
Compliance with Supply Chain Due Diligence Act
The purpose of the German Supply Chain Due Diligence Act [Lieferkettensorgfaltspflichtengesetz, LkSG] is to ensure compliance with due diligence obligations regarding human rights and the environment along the company's own supply chain. The Oppenhoff team has extensive legal and practical expertise in legal compliance consulting, including CSR compliance. Oppenhoff regularly advises companies on the German Supply Chain Due Diligence Act.
Who does it apply to?
- as of January 2023, to companies > 3,000 employees
- as of January 2024, to companies > 1,000 employees
- also smaller companies, as contracting authorities are making the award of contracts dependent on LkSG compliance
- all companies that have their head office, principal place of business, administrative headquarters or registered office or a branch office in Germany, irrespective of their legal form
What needs to be done?
I. Risk analysis of company’s own business and at direct suppliers | II. Introduction of risk management system | III. Designation of a responsible person |
IV. Drafting of policy statement | V. Development and implementation of preventative measures | VI. Development of remedial measures |
VII. Establishment of complaint procedure | VIII. Due diligence at indirect and direct suppliers | IX. Documentation and reporting |
Our services
We offer you a flexible modular approach with the following modules:
Risk analysis
Aim
- Identification, evaluation and prioritisation of specific risks relating to human rights and the environment along the company's own supply chain based on the type and scope of business activity, potential breaches, possibility of exerting influence and possible contribution towards the cause
Scope
- regularly for the company’s own business and direct suppliers
- as required, in case of a changed or extended risk situation in the supply chain
Process
- Risk mapping
- Identification, evaluation and prioritisation
- Risk report
- Communication to decision-makers
Risk management system
Aim
- Development of recommendations to remedy deficits
- Development of preventive measures and remedial concepts
- Optional: design of a roadmap to define measures, goals and responsibilities for LkSG compliance in the company
Scope
- Primarily own business
- Prevention and remedy regarding suppliers
Process
- Analysis of internal guidelines and processes
- Stakeholder interviews
- Workshop with presentation of results and concept proposal
- Communication to decision-makers
Development of LkSG DD set of rules
Aim
- Development of a set of rules for human rights due diligence management in accordance with the requirements of the LkSG
- Development of so-called supplier checks/code (requirements for supplier selection and contractual relationships)
- Drafting of a policy statement
Scope
- Own business, direct suppliers
Process
- Determination and consideration of the operating and value chain
- Review of internal structures and processes
- Communication to decision-makers
Training on LkSG
Aim
- Information and clarification of the legal requirements of the LkSG
- Answering of questions
Scope
Management, Purchasing, Sales, HR, Compliance, Legal
On request, also for suppliers
Process
- Workshops
Broschure
Stephan Müller
PartnerRechtsanwalt
Konrad-Adenauer-Ufer 23
50668 Cologne
T +49 221 2091 448
M +49 173 3088 038