Germany Latest EU Country to Introduce Due Diligence Rules
June 22, 2021 | IPCEstimated reading time: 2 minutes
On 11 June 2021, the German Supply Chain Act was adopted by the German Parliament by a large majority, introducing binding human rights and environmental due diligence obligations for companies. After lengthy and difficult negotiations, the political groups found compromises on several key aspects of the law ranging from the scope of companies covered to the question of liability. The aim of the law is to foster responsible business conduct and remove illicit practices such as child labour from supply chains.
Once formally signed, the law will require large German companies as well as foreign companies with branches in Germany to identify and address human rights and certain environmental risks in their own as well as in their direct suppliers’ operations. While the due diligence obligation is limited to direct suppliers, companies will have to take measures if they are made aware of potential abuses in any part of their supply chain, for example via a complaint. Companies will have to regularly conduct a risk assessment, implement preventive measures where needed and annually report on their due diligence processes.
The due diligence duty builds on the UN Guiding Principles on Business and Human Rights. Its thematic scope encompasses human rights and labor rights as expressed in ILO conventions as well as the following environmental conventions:
- The Minamata Convention on Mercury
- The Stockholm Convention on Persistent Organic Pollutants
- The Basel Convention on the Control of Transboundary Movements of Hazardous Waste
In case of violations, companies will face administrative fines of up to 800 000 EUR or two percent of annual revenue and potential exclusion from public procurement for up to three years.
The German Supply Chain Act does not create a liability regime for companies – an important aspect that was clarified in the political negotiations. It does, however, enable trade unions and NGOs to initiate legal proceedings against companies on behalf of victims.
The law will be implemented in two phases: from January 2023, companies with more than 3 000 employees will have to abide by the new rules; and as of January 2024 the threshold will be lowered to companies with more than 1 000 employees.
For Germany, the law presents a paradigm shift, away from voluntary CSR initiatives towards binding due diligence obligations. Several other Member States already have due diligence laws in place or are contemplating introducing such laws. In parallel, the pending EU proposal on Sustainable Corporate Governance (SCG) and Due Diligence legislation is expected in the second half of this year. With this pending proposal, the European Commission aims to create legal certainty across the Union by introducing a harmonized set of rules applicable across Member States.
IPC continues to engage with policymakers on this topic to advocate on behalf of the electronics industry for a framework that is feasible and workable for industry while protecting human rights and the environment.
Suggested Items
All-Inclusive: PRIDE Industries Helps Employees With Disabilities to Succeed
05/01/2024 | Sandy Gentry, IPCPRIDE Industries is the leading employer of people with disabilities and those with other barriers to employment in the United States, including veterans and former foster youth. The company offers job training, placement, on-the-job coaching, and skills development for independent living. It has held IPC membership since 2000. Read more about this unique business and its connection to the electronics manufacturing industry.
TTM’s High Tech Expansion and Industry Innovation
04/30/2024 | Marcy LaRont, PCB007 MagazineTom Edman has been the CEO of TTM Technologies since 2014 and has an extensive background in electronics and manufacturing. TTM is a leading global manufacturer of technology solutions, including mission systems, RF component and RF microwave microelectronics assemblies, and quick turn and advanced technology printed circuit boards.
Latest Test and Inspection Solutions from GOEPEL electronic at SMTconnect 2024
04/29/2024 | GOEPEL electronicGOEPEL electronic will be demonstrating automated test and inspection equipment at SMTconnect, taking place in Nuremberg from June 11 to 13, 2024.
Arlon Electronic Materials Awarded Requalification to IPC-4101 QPL for All Polyimide Specification Sheets
04/29/2024 | IPCIPC's Validation Services Program has awarded Arlon Electronic Materials Division, an electronics material manufacturing company headquartered in Rancho Cucamonga, Calif., an IPC-4101 Qualified Products Listing (QPL) requalification for the third time.
Warm Windows and Streamlined Skin Patches – IDTechEx Explores Flexible and Printed Electronics
04/26/2024 | IDTechExFlexible and printed electronics can be integrated into cars and homes to create modern aesthetics that are beneficial and easy to use. From luminous car controls to food labels that communicate the quality of food, the uses of this technology are endless and can upgrade many areas of everyday life.