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ARTICLE · 20 MAY 2021

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Laws Will Push Human Rights Due Diligence

Morrison Foerster
Morrison Foerster
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Morrison Foerster

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Patrick Spaeth and Felix Werner spoke to Export Compliance Manager about Germany's Due Diligence Act, which the German Federal Cabinet passed to address the obligations of companies

GermanyGovernment, Public Sector

On 3 March, the German Federal Cabinet passed a draft law outlin - ing the obligations of companies to conduct human rights due diligence through their supply chain. Known as the "Due Diligence Act" or the "Supply Chain Act', the proposed law is expected to become law in 2022.

Initially, the Act would apply to companies with more than 3,000 employees and require human rights due diligence across international supply chains. In the draft legislation, the due diligence obligations are described as "best efforts obligations", but companies should be able to demonstrate that they have implemented the due diligence obligations in a way that is "appropriate and practicable" based on the industry and company profile. Guidelines for penalties will be forthcoming.

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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