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Rechtsgutachten LkSG | Scopewire
Holm Egerland10.09.20242 min read

Legal opinion on the Supply Chain Act by Prof. Dr. Anne-Christin Mittwoch

Legal opinion on the Supply Chain Act by Prof. Dr. Anne-Christin Mittwoch | Scopewire
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How does the European Corporate Sustainability Due Diligence Directive (CSDDD) influence the scope of application of the German Supply Chain Act?

Download the legal opinion of Prof. Dr. Mittwoch at the end of the blog

At the end of May, the EU finally adopted the European supply chain law (Corporate Sustainability Due Diligence Directive, CSDDD). The member states now have the task of transposing the law into national law. Since there is already a supply chain law in Germany, the question arises as to the extent to which the CSDDD influences the scope of the German Supply Chain Due Diligence Act (LkSG).

The legal opinion concludes that the level of protection already in place in the respective country must not be lowered in the course of implementing the CSDDD. In Germany, the level of protection of the national supply chain law must not be weakened by the EU supply chain directive. For example, it would be contrary to European law to reduce the number of companies covered by the German law by referring to the directive. Source: https://www.germanwatch.org/de/91189

Prof. Dr. Anne-Christin Wednesday
Prof. Dr. Anne-Christin Mittwoch is a respected expert in civil law, European and international commercial law and heads the Chair of Civil Law, European and International Commercial Law at the Martin Luther University Halle-Wittenberg. Her blog will focus on the latest developments and challenges in the field of corporate law with a special focus on sustainability. She will shed light on current trends and case law in European private law and, through her extensive experience in international projects, offer comparative analyses of different legal systems. Another central topic will be digitalization and its legal implications for companies and civil law. Prof. Mittwoch will also provide insights into academic career paths and current research trends in legal science. The blog is aimed at lawyers, students, entrepreneurs and anyone interested in the interface of law, business and sustainability. Regular posts, case studies, commentaries on current court decisions and guest contributions from other experts will provide readers with valuable information and exciting insights. Special attention will be given to Prof. Dr. In her lectures, Prof. Mittwoch will focus on the Supply Chain Due Diligence Act (LkSG) and the Corporate Sustainability Due Diligence Directive (CSDDD). Her expertise in this area is evident in her extensive research, including her habilitation thesis "Sustainability and Corporate Law", and in several legal opinions on the implementation of the CSDDD and its impact on the German LkSG. In interviews and specialist articles, such as for Juristische Ausbildung (JuS), she explains the innovations and challenges of these laws. She compares the requirements and impacts of the LkSG with those of the CSDDD, highlighting the more progressive aspects of the CSDDD, such as the expanded scope of application and the introduction of civil law claims for damages. Prof. Mittwoch offers practice-relevant assessments of the challenges in implementing due diligence obligations and the importance of key performance indicators (KPIs) in the context of reporting obligations. Her blog will thus be a valuable resource for anyone who wants to deal with the legal basis and practical implications of the LkSG and the CSDDD.

 

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