In 10 Schritten auf das Lieferkettengesetz vorbereiten
30.09.2022

Prepare for the Supply Chain Act in 10 steps

The Supply Chain Duty of Care Act, or Supply Chain Act (LkSG) for short, has been in force since January 1, 2023. We have answered some important questions for you.

Since January 1, 2023, the Supply Chain Due Diligence Act, or Supply Chain Act (LkSG) for short, has been in force to regulate corporate responsibility for compliance with human rights in supply chains for the first time. To help you navigate and prepare for the regulatory developments surrounding the LkSG, we have answered some important questions for you.

Questions and answers on the Supply Chain Act

1. Why does Germany need a supply chain law?

In the course of globalization, German companies source raw materials and products from all over the world. In addition, investments are made in foreign production and distribution facilities and goods are exported worldwide. In the process, human rights and environmental protection violations are occurring more and more frequently. These have their origins in the constantly increasing competitive and price pressure to which globally active companies are exposed. Up to now, companies have only borne minimal responsibility for the impact of their business activities abroad. Attempts to voluntarily implement protective measures against human rights and environmental protection violations have failed miserably. A binding framework is therefore needed to oblige companies to take greater care with regard to these issues.

2. which human rights and environmental standards must be taken into account by companies in this context?

The Supply Chain Due Diligence Act obliges German companies to comply with internationally recognized human rights abroad as well. This includes, for example, the right to physical integrity, the prohibition of forced and child labor and the right to health. With regard to the environmental standards to be observed, the locally applicable regulations on environmental protection and individual environmental standards from international agreements apply.

3. which companies are affected by the Supply Chain Act?

The law will be introduced in stages, starting on 01.01.2023. Initially, German companies with more than 3000 employees will be affected. From 01.01.2024, the scope will be extended to companies with more than 1000 employees. Even if smaller companies (SMEs) are not yet directly covered by the Supply Chain Act, they can be required to implement due diligence obligations as suppliers to affected companies.

Risk management in the supply chain

Implement the Supply Chain Act in a future-proof way: with a holistic, risk-oriented approach. Find out more in the whitepaper.

4. What are companies liable for?

Companies should not only take responsibility for damage caused by themselves, but also for damage caused along the supply chain by subsidiaries, important business partners or suppliers. Transparency within the supply chain is therefore more important than ever before. In principle, however, companies are only liable for damage where they have acted negligently or deliberately breached their duty of care.

5. must business relationships be terminated in the event of violations?

That is not the goal. The primary aim is to permanently anchor awareness of human rights and environmental protection measures within the supplier companies. Business relationships are only to be terminated completely if a serious human rights violation has been identified that persists even after a deadline has been set.

6. What does the Supply Chain Act mean for the competitiveness of affected companies?

The Supply Chain Act will bring more fairness to competition. At present, companies that act conscientiously are at a competitive disadvantage compared to companies that act irresponsibly due to higher costs. This is to be prevented with uniform rules for all.

7. What impact can the LkSG have in the producing countries?

The Supply Chain Act is primarily intended to protect local people. The legislation is intended to improve working conditions for employees in production facilities, as companies are then obliged to comply with social and environmental standards. Residents living in the vicinity of the factories will also benefit if, for example, they are no longer allowed to exceed certain exhaust emission values.

Factsheet: EU Supply Chain Act vs. LkSG

The EU Supply Chain Act (en. Corporate Sustainability Due Diligence Directive (CSDDD)) is to become the European framework for the German Supply Chain Act. You can find everything you need to know in the factsheet.

8. Who controls the law?

Compliance with and implementation of the law is monitored by the Federal Office of Economics and Export Control (BAFA). Companies are obliged to submit their report at least four months after the end of the financial year. In addition, the authority has the possibility, among other things, to specify concrete actions to companies, summon persons, demand information and impose fines of up to EUR 50,000 for enforcement.

9. What penalties do companies have to fear?

Failure to comply with the legal obligations could result in fines of up to 8 million euros, or 2% of annual global turnover for companies with an annual turnover of more than 400 million euros. For the time being, the German law does not provide for civil liability, although this is likely to change with legislation at European level.

10. how can the VERSO Supply Chain Platform simplify the implementation of the LkSG?

Recurring requirements such as risk analyses, implementation of preventive measures or the annual reporting obligation are effort drivers for purchasing, as they require the collection and evaluation of supplier data. With the automation of the VERSO Supply Chain Platform, considerable resources can be saved and an efficient, holistic implementation of the LkSG and all ESG topics can be guaranteed. The VERSO Supply Chain Platform enables a future-proof approach with which purchasing organizations are also optimally prepared for future requirements such as the CSRD and the EU Supply Chain Act. Contact us to find out how VERSO can help you capture the necessary data in your supply chain, qualify suppliers and provide the necessary reporting metrics with minimal effort.

 

* This information is summarized editorial content and should not be construed as legal advice. VERSO accepts no liability.

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Wander-Wegweiser als Symbolbild für den Vergleich verschiedener Nachhaltigkeits-Standards
10.08.2022

Sustainability report: What standards are there?

The new CSRD reporting obligation means that around 15,000 companies in Germany are required to report. What is the right standard for your CSR report? To make it easier for you to choose, we present the most important standards. You will also find a factsheet at the end of this blog post showing you which standard is suitable for which company.

UN Global Compact: Suitable for beginners, only minimum requirements

The United Nations Global Compact, or UNGC for short, was founded by Georg Kell in 2000 on the initiative of former United Nations Secretary-General Kofi Annan. The aim was and is to shape globalization in a fair, environmentally and socially responsible way. The UNGC is the world’s largest and most important initiative for sustainable and responsible corporate governance. Over 19,000 companies and organizations have signed it – including more than 800 in Germany. The framework formulates ten social and ecological principles in the areas of human rights, labour, environmental protection and anti-corruption, to which the participating companies and organizations are committed. In addition, the UN Global Compact is based on the 17Sustainable Development Goals (SDGs) of the United Nations.

SFDR – the standard for the financial sector

The EU has developed the Sustainable Finance Disclosure Regulation (SFDR) specifically for the financial services sector – but some companies are also affected. Our factsheet tells you how.

DNK: Good introduction, easy to use, for German-speaking countries

The German Sustainability Code (DNK) was introduced in 2011. The aim is for companies to provide information about their sustainability performance and thus create comparability. Around 800 companies have now published a DNK declaration. The standard comprises 20 criteria that must be reported on. They are divided into the subject areas of strategy, process management, environmental issues and society. When reporting, companies can select either the GRI (Global Reporting Initiative) or EFFAS (European Federation of Financial Analysts Societes) performance indicator set.

GRI: Most established internationally, high effort

The Global Reporting Initiative (GRI) is a foundation that was established in 1997. The GRI guidelines are considered the most important standard for sustainability reports worldwide. The aim of the global standards is to make sustainability reports more comparable through uniform requirements. The guidelines are continuously developed in a dialogue process with companies and civil society organizations. Companies that prepare their sustainability report in accordance with the GRI standards must provide extensive information about the company, the management approach and economic, ecological and social standards. The Global Reporting Initiative has now updated its standards once again. The latest changes apply to all reports published from January 1, 2023.

SDG: Framework with the 17 UN Sustainable Development Goals

The member states of the United Nations adopted the 2030 Agenda for Sustainable Development in September 2015. It includes the 17 UN Sustainable Development Goals, or SDGs for short, which cover all three dimensions of sustainability: Environmental, social and economic. The global goals are to be achieved by all countries by 2030 in order to make the world fairer, healthier, more peaceful and more social. The SDG framework serves as a guide for companies that want to report on their sustainability performance. Guidelines such as the Global Reporting Initiative (GRI) and the UN Global Compact are available to help companies implement the 17 Sustainable Development Goals and the sub-goals in their supply chains. Both guidelines propose indicators and key figures for measuring the sustainability performance of companies for the individual SDGs.

ISSB: global standard for capital market-oriented companies, under development

The International Financial Reporting Standards Foundation is currently developing global standards for the sustainability report of capital market-oriented companies. To this end, the non-profit IFRS Foundation established the International Sustainability Standards Board (ISSB) in Frankfurt. The future standard has great potential to become the leading international framework. The aim of the ISSB is to define minimum standards for credible, transparent and comparable reporting in the area of ESG criteria (environmental, social and governance). For example, companies should specify which key figures they use to measure and monitor sustainability-related risks and opportunities and which strategy they intend to use to manage them.

How do I create a sustainability report?

Creating a meaningful sustainability report can be quite a challenge.
It’s easier with our practice-oriented playbook “7 steps to a sustainability report”.

ESRS: uniform European standard, being developed as part of the CSRD

As part of the new CSRD (Corporate Sustainability Reporting Directive) reporting obligation, a uniform standard is also being introduced. This should make the reports more meaningful and comparable. However, this also increases the amount of work involved. The European Financial Reporting Advisory Group, EFRAG for short, has been tasked with drawing up the European Sustainability Reporting Standards (ESRS). All information on the ESRS can be found in our factsheet.

 

CSRD compliance made easy

From the CSRD basics to the finished report: Our practical software package guides you step by step to CSRD compliance!

ISO 14001: good standard for environmental management

ISO 14001 is a globally recognized standard for environmental management systems that was published in 1996. The aim of the international standard is for companies to improve their environmental performance and achieve environmental targets. Around 300,000 companies worldwide are certified to ISO 14001 – around 8,000 of them in Germany. The environmental management system is based on four pillars: the planning of environmental targets, the implementation of the defined measures, monitoring and improvement.

ISO 26000: Guidelines for socially responsible behavior

ISO 26000 was published in 2010 and is a guideline that defines socially responsible behavior. As the standard does not provide for certification, it is not as widely used as ISO 14001, for example. The standard formulates numerous recommendations for action on core issues of social responsibility. These include the environment, human rights, employee rights, customer rights and society.

EMAS: more complex standard for environmental management

The Eco-Management and Audit Scheme, EMAS for short, was developed by the European Union and introduced in Germany in 1995. It is a joint system of environmental management and environmental auditing. The aim is to help companies that want to improve their environmental performance. In Europe, around 4000 organizations are registered under EMAS – over 1100 of them are from Germany. Companies must publish an environmental statement in which they disclose, among other things, their impact on the environment, their environmental performance and their environmental objectives. Employees must be involved in this process. EMAS covers the contents of ISO 14001 and goes even further.

TCFD: Recommendations to the financial sector and capital market-oriented companies

In 2017, the Task Force on Climate-related Financial Disclosures (TCFD), founded on the initiative of the G20 countries, drew up recommendations for voluntary and consistent reporting on the effects of climate change. The recommendations are aimed at the financial sector and capital market-oriented companies. Over 1000 companies worldwide have committed to implementing them. The aim is to provide companies and investors with decision-relevant information on material climate-related financial risks and opportunities. According to the recommendations, information should be provided on governance, strategy, risk management, key figures and targets.

Which standard for which company?

In the factsheet, we have briefly summarized which standard is suitable for which company.

We help you with your sustainability report

The first sustainability report is a challenge, not everything will go smoothly straight away. It is important that you take the first steps and continue to develop with the relevant standards. We will accompany you on this path. We help you to set up a sustainability strategy and with reporting. With our ESG management software , you can collect all relevant sustainability data quickly and clearly.

* This information is summarized editorial content and should not be construed as legal advice. VERSO accepts no liability.

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  • Best practices in the areas of ESG and sustainable supply chains
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  • Sustainability events and much more.

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