German Act on Corporate Due Diligence Obligations for the Prevention of Human Rights Violations in Supply Chains
(Supply Chain Due Diligence Act - LkSG | Lieferkettensorgfaltspflichtengesetz – LkSG)
of July 16, 2021 | also referred to as the Supply Chain Act or Due Diligence Act.
Published in the Federal Law Gazette Federal Law Gazette Year 2021 Part I No. 46, issued at Bonn on July 22, 2021.
German Supply Chain Act - LkSG - §9 Indirect suppliers
Authorization to issue ordinances.
(1) The company must set up the complaints procedure pursuant to Section 8 in such a way that it also enables persons to point out human rights or environmental risks as well as violations of human rights-related or environmental obligations that have arisen as a result of the economic actions of an indirect supplier.
(2) The enterprise must adapt its existing risk management system within the meaning of Section 4 in accordance with Paragraph 3.
(3) If an enterprise has factual indications that a violation of a human rights-related or an environmental obligation
at indirect suppliers (substantiated knowledge), it shall, without undue delay and as appropriate
1. carry out a risk analysis in accordance with Section 5 (1) to (3),
2. establish appropriate preventive measures vis-à-vis the polluter, such as the implementation of control measures, support in the prevention and avoidance of a risk or the implementation of industry-specific or cross-industry initiatives to which the company is a party
3. establish and implement a policy on prevention, cessation or minimization; and
4. if necessary, update its policy statement in accordance with Section 6 (2) accordingly.
(4) The Federal Ministry of Labor and Social Affairs shall be authorized to specify the details of the obligations set out in subsection 3 by ordinance in agreement with
the Federal Ministry for Economic Affairs and Energy, without the consent of the Bundesrat.
LkSG