The German Supply Chain Act: Challenges for companies and actions required
The German Act on Corporate Due Diligence Obligations in Supply Chains (Lieferkettensorgfaltspflichtengesetz – LkSG), also known as the German Supply Chain Act, entered into force on January 1, 2023. It initially obliged companies that are based in Germany or have a branch office in Germany (cf. Section 13d of the German Commercial Code – HGB) and employ more than 3,000 people to improve and document their processes along the entire supply chain. On January 1, 2024, its scope extended to include companies with 1,000 or more employees.
At EU level , a sufficient majority of member states endorsed a proposal from the European Commission for a European equivalent: the Corporate Sustainability Due Diligence Directive (CSDDD). Following its publication in the Official Journal of the EU, member states now have two years to implement its provisions. The German Supply Chain Act will also have to be revised within this period.
The scope of the CSDDD will extend gradually as follows:
- After three years, it will apply to companies with 5,000 employees and turnover in excess of €1.5 billion
- After four years, it will apply to companies with 3,000 employees and turnover in excess of €900 million
- After five years, it will apply to companies with 1,000 employees and turnover in excess of €450 million
This means that, in the years ahead, more companies in Germany will fall within the scope of the German Supply Chain Act (LkSG) than the scope of the CSDDD. Another significant difference is liability: under German law, companies cannot be held liable for breaches of their due diligence obligations – but under the current version of the CSDDD, they can.