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Updates on The German Act on Corporate Due Diligence Obligations in Supply Chains

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Supply Chain Duty of Obligations Act: Questionnaire published

On Oct 14, 2022, Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA), the Federal Office of Economics and Export Control publishes the questionnaire on reporting for the Supply Chain Care Obligations Act (LkSG). This allows companies to check how they can fully comply with their reporting obligation from Jan 01, 2023.

This Supply Chain Act applies to enterprises that have their central administration, their principal place of business, their administrative headquarters, or their statutory seat in Germany and that normally have at least 3,000 employees in Germany; employees posted abroad are included.

All companies falling within the scope of the LkSG must regularly publish a report on compliance with legal due diligence obligations. The report is generated from the answers in a structured questionnaire. From January 2023, an electronic portal for the reports will be available at the BAFA.

BAFA publishes the questionnaire in advance so that companies can deal with the content of the questionnaire. This allows them to check to what extent they already have all the information for a complete report or whether further preparatory measures are needed.

The questionnaire contains open and closed questions as well as multiple choices. By answering the questionnaire completely and truthfully and publishing the report generated from it on the company's website, companies comply with their reporting obligation under the law.

According to the BAFA, the conception of the questionnaire was preceded by a broad participation and stakeholder process. The focus was on the practical and process-efficient design within the framework of the legal requirements of the Supply Chain Act. The full questionnaire is structured into the following five parts:

A - Strategy and anchoring

B - Risk analysis and preventive measures

C - Findings of injuries and corrective measures

D - Appeal procedure

E - Risk management assessment and conclusions

The Act on Corporate Due Diligence Obligations in Supply Chains At a Glance:

Sample questions from the questionnaire:

"...334. [Freitext] Anzahl der Abbrüche von Geschäftsbeziehungen aufgrund schwerwiegender Verletzungen, die nicht beendet werden konnten (optional: Erläuterung)..."

334. [Free text] Number of business relationship terminations due to serious violations that could not be terminated (optional: explanation)...

"...401. [Freitext] der Gesamtzahl der eingegangenen Beschwerden und, sofern zutreffend, Veränderungen im Vergleich zum vorherigen Berichtszeitraum..."

401. [free text] of the total number of complaints received and, where applicable, changes compared to the previous reporting period...

To read more on the topic:

  • BAFA, Lieferkettensorgfaltspflichtengesetz: Fragenkatalog veröffentlicht: Link

  • GC Insights, Supply Chain Sustainability (I) – All the basics you need to know: Link

  • GC Insights, Supply Chain Sustainability (II) – Improve Your Supply Chain Sustainability: Link

  • GC Insights, German Supply Chain Act to Ensure Human Rights and Environmental Obligations across global suppliers: Link

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