作者

Dr. Martin Rothermel

合伙人

Read More

Dr. Benedikt Rohrßen

合伙人

Read More

Dr. Michael Kieffer

授薪合伙人

Read More

Arno Maria Gotting, M.A., LL.M. (King’s College London)

授薪合伙人

Read More

Sebastian Rünz, LL.M. (Toronto)

授薪合伙人

Read More

Jennifer Vogd

高级律师

Read More

Giorgia Carandente, LL.M. Eur.

律师

Read More

Maximilian Höving

律师

Read More

Dr. Ulrich Spiegel

律师

Read More
作者

Dr. Martin Rothermel

合伙人

Read More

Dr. Benedikt Rohrßen

合伙人

Read More

Dr. Michael Kieffer

授薪合伙人

Read More

Arno Maria Gotting, M.A., LL.M. (King’s College London)

授薪合伙人

Read More

Sebastian Rünz, LL.M. (Toronto)

授薪合伙人

Read More

Jennifer Vogd

高级律师

Read More

Giorgia Carandente, LL.M. Eur.

律师

Read More

Maximilian Höving

律师

Read More

Dr. Ulrich Spiegel

律师

Read More

2022年5月24日

Practice guide risk management and product requirements

  • In-depth analysis

Nothing ventured, nothing gained – entrepreneurial actions always entail certain risks. It is in the nature of things. However, it is the management’s responsibility to deal with risks appropriately and engage in risk management. This mainly also involves detecting, evaluating and limiting legal risks.

These risks can occur in all areas of a company, especially when involved in the manufacturing, trading and distribution of products. Product safety requirements are continuously increasing. According to the German Federal Motor Transport Authority (KBA), 2019 was the year with the most product recalls, although 2013 was the year of the biggest food fraud of the 21st century (namely the horsemeat scandal) and in 2016, the world was talking about the “Dieselgate”. Such headlines can damage your image and turnover. The management is liable – possibly also personally – if an unsafe or otherwise non-compliant product enters the market and violates legal interests. The “principle of the general responsibility and competence of management” [BGH (i.e. the German Federal Supreme Court), 06.07.1990, leather spray decision] applies generally – even if the management is split between several people and divisions.

How to avoid liability? In short: Safeguard Product Compliance! The obligation to do so arises from law. Managing directors and board members are bound by their employment contracts, by the Articles of Association and by law and statute. They must act “properly and diligently” (Sec. 43 German Lim-ited Liability Companies Act (“GmbHG”), Sec. 93 German Stock Corporation Act (“AktG”)) and carry out the “necessary” supervisory measures to prevent business-related misdemeanours and offences (Sec. 130, 30 German Act on Regulatory Offences (“OWiG”)). What “properly and diligently” means, is based on the “customary usage in the trade”.

However, when it comes to specific guidance and organisational guidelines, managers are left alone by the legislator and case law. We have developed this Practical Guide to illustrate how liability risks can be minimised by a business organisation based on best practice principles.

Download: Practice guide

Call To Action Arrow Image

Latest insights in your inbox

Subscribe to newsletters on topics relevant to you.

Subscribe
Subscribe

Related Insights

商业和消费者合同

Germany: The self-regulated franchising haven

2022年5月31日
Briefing

作者 Dr. Benedikt Rohrßen

点击此处了解更多
商业和消费者合同

Our Taylor Wessing Commercial Team has contributed to the 2022 Lexology Getting The Deal Through on Distribution & Agency in Germany (8th Edition)

2022年3月1日
Quick read

作者

点击此处了解更多
物流与运输

Guide to the German Supply Chain Due Diligence Act

2021年7月28日
In-depth analysis

作者 Sebastian Rünz, LL.M. (Toronto)

点击此处了解更多