What is the German Supply Chain Due Diligence Act?
The German Supply Chain Due Diligence Act (aka GSCA, Act on Corporate Due Diligence Obligations in Supply Chains, or Lieferkettensorgfaltspflichtengesetz, LkSG) is a landmark regulation enacted by Germany to promote ethical and sustainable business practices.
Effective from January 1, 2023, this law mandates that companies take responsibility for human rights and environmental standards throughout their supply chains. Companies must provide an annual report detailing their due diligence activities, risk management measures, and any instances of human rights or environmental violations.
Why Was the Regulation Created?
The GSCA was introduced to address growing concerns about human rights violations and environmental degradation linked to global supply chains. The law aims to mitigate risks related to child labor, forced labor, unsafe working conditions, and environmental harm by holding companies accountable for their supply chain practices. This aligns with Germany’s commitment to international human rights and environmental standards.
Who Does the Act Apply To?
The German Supply Chain Due Diligence Act applies to:
Large Companies: Those with 3,000 or more employees (including subsidiaries).
Small and Medium Enterprises (SMEs): In the future, SMEs with 1,000 or more employees will also be included from 2024.
The law affects both domestic companies operating in Germany and international companies with substantial business activities in Germany.
Action Plan for Compliance with the German Supply Chain Due Diligence Act
To comply with the GSCA, companies must:
- Establish a Due Diligence System: Implement policies and procedures to identify, prevent, and mitigate human rights and environmental risks.
- Conduct Risk Analysis: Regularly assess risks in their own operations and supply chains.
- Take Preventive Measures: Implement measures to address identified risks, including corrective actions and monitoring.
- Report Findings: Annually report on due diligence activities, including risk analysis and mitigation strategies.
- Establish a Grievance Mechanism: Provide a means for stakeholders to report human rights abuses or environmental violations.
What penalties do you face for failure to comply?
Companies that fail to comply with the GSCA face:
- Fines: Significant monetary penalties based on the severity of the violation.
- Business Restrictions: Exclusion from public procurement opportunities.
- Reputational Damage: Harm to the company’s public image and stakeholder trust.
How can Craft help?
Craft provides comprehensive supplier risk management solutions designed to support compliance with the German Supply Chain Due Diligence Act. Our platform offers:
- Identify risky suppliers with in-depth company profiles and easily scalable due diligence
- Continuously monitor your supplier network for changes and potential violations.
- Document your efforts for proof of compliance
- Collaborate and share information across teams for faster risk mitigation.
Related Regulations
- UK Modern Slavery Act
- France’s Corporate Duty of Vigilance Law
- EU Corporate Sustainability Due Diligence Directive
- California Transparency in Supply Chains Act
By staying informed and proactive, procurement and supply chain professionals can navigate the complexities of the GSCA and ensure their operations are aligned with global standards for human rights and environmental protection.