Crisis Management 2025

GERMANY Law and Practice Contributed by: Rainer Wilke, Ingo Theusinger and Ralph Schilha, Noerr

Fraud Another concern is internal fraud, which is expe- riencing a resurgence. Further development of new technologies and AI presents growing opportunities for malicious actors to exploit them, leading to increasingly sophisticated and innovative fraud schemes. The following aspects affected crisis manage- ment past practice. Integration of AI AI and machine learning enhance sales, predic- tive analytics, real-time monitoring and automat- ed responses. However, ethical considerations are often overlooked, creating risks of manipula- tion and misconduct. Irresponsible implemen- tation, especially in the absence of clear regu- lations, can become a catalyst for crises and lead to severe management failures. However, the use of AI in crisis management processes — ranging from predictive analytics for crisis forecasting to automating response plans — has become increasingly important. Emphasis on mental health The recognition of mental health’s role in cri- sis management has grown. Companies are increasingly implementing support systems for employees and communities affected by crises, acknowledging the psychological impact of emergencies. These trends have driven organisations to adopt proactive and comprehensive crisis manage- ment approaches, emphasising agility, regula- tory compliance and stakeholder communica- tion to effectively navigate developments. 1.2 Key Sectors Impacted by Crises The energy-intensive industries and the automo- tive and logistics sectors were the most suscep-

es for companies. As Germany faces more natu- ral disasters, there is an urgent call for enhanced crisis response frameworks that can address environmental catastrophes. Anti-money laundering Certain laws, such as Section 5 of the German Anti-Money Laundering Act ( Geldwäschege- setz – GWG), mandate risk analysis for money laundering and terrorist financing. The Europe- an Union (EU) has established the Anti-Money Laundering Authority (AMLA), which will com- mence its operations in summer 2025. Compa- nies must stay alert to regulatory changes and address their money-laundering risks. Competition law and antitrust Competition law and antitrust regulations play a crucial role in crisis management by promot- ing fair competition and preventing monopolistic practices that can exacerbate economic down- turns. During a crisis, effective enforcement of these laws ensures that businesses remain accountable and prevents anti-competitive behaviour, such as price-fixing or collusion, which can hinder recovery efforts. Sanctions Sanctions and export controls have become increasingly important following Russia’s inva- sion of Ukraine in 2022. Businesses with ties to Russia must remain vigilant as EU sanctions violations are legally punishable in Germany. To strengthen enforcement, Germany intro- duced the Sanctions Enforcement Acts I and II ( Sanktionsdurchsetzungsgesetz – SDG I and II) in 2022, which expanded powers to investi- gate and seize assets, established a centralised sanctions enforcement body and increased anti- money laundering measures.

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