GERMANY Law and Practice Contributed by: Rainer Wilke, Ingo Theusinger and Ralph Schilha, Noerr
port and solutions tailored to customers’ needs, such as refunds, replacements or additional services. • Dedicated crisis teams and hotlines – estab- lishing crisis response teams and dedicated customer support hotlines can provide direct assistance and ensure that customer enquir- ies are addressed quickly and consistently. • Accountability – taking responsibility for the crisis can help restore confidence, especially when coupled with actions to prevent future occurrences. Companies use various channels to commu- nicate with customers, including email, social media, the company website (eg, FAQs and guidance), customer service lines and press releases. 6.6 Communication to Employees During a crisis, German companies ensure that employees are informed and supported through transparent communication, dedicated sup- port programmes, and leadership engagement. They can use regular updates via email, intranet portals, meetings and crisis hotlines to keep employees informed. To maintain morale and productivity, companies rely on leadership visibility to foster a sense of stability. Managers are trained to offer reassur- ance, recognise employee contributions and encourage collaboration. 6.7 Communication With Affected Parties Companies often establish specific communi- cation channels for those affected by a crisis, sometimes as a requirement based on the cri- sis’s nature.
For example, data privacy laws mandate notify- ing affected individuals in the event of a data breach. In addition, product safety and con- sumer laws require companies to communicate in crisis situations. According to the German Product Safety Act ( Produktsicherheitsgesetz , or ProdSG), companies must immediately recall products that pose a risk to the health and safety of consumers and inform the affected consum- ers. This also requires specific communication measures to reach the affected persons quick- ly. In connection with the German Act for the Better Protection of Whistle-Blowers ( Hinweis- geberschutzgesetz , or HinSchG), companies are required to establish and maintain internal reporting channels to allow employees to report violations. Clear communication with affected parties is crucial for transparency, trust and damage con- trol. Common communication channels ensure effective two-way communication, ensuring timely updates while offering opportunities for feedback and questions. 7. Learning From Past Crises 7.1 Post-Crisis Review: Learning Lessons Companies carry out the “lessons learned” pro- cess after a crisis, conducting analysis work- shops to assess the strengths and weaknesses of the crisis management system. This includes stakeholders, the crisis management team, man- agers and leaders from affected departments. Companies may involve external experts to provide an objective evaluation and specialised insights. Results are documented and reported. The post-crisis reviews should include answers to the following questions.
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