GERMANY Law and Practice Contributed by: Rainer Wilke, Ingo Theusinger and Ralph Schilha, Noerr
responsible for crisis response (see 2.8 National Crisis Management Plan ). Regular co-ordination at various government levels facilitates real-time communication and strategy adaptation. Federal and state agen- cies conduct joint exercises and simulations to refine protocols, test communication channels and enhance co-ordination. Specific laws and guidelines outline the roles and responsibilities of different government entities. This legal structure ensures clarity in operations and decision-making processes dur- ing emergencies. Through these mechanisms, Germany ensures that government entities can work together effectively. 3. Corporate Crisis Management 3.1 Crisis Management Plans Companies typically structure their crisis man- agement plans to align with: • legal requirements; • industry best practices, such as the German Corporate Governance Code; • standards issued by the Institute of Public Auditors in Germany ( Institute auf Auditors , or IDW); and • international standards such as ISO 22301 (Business Continuity Management) and ISO 31000 (Risk Management). German companies emphasise risk assessment, regulatory compliance and structured response protocols to ensure resilience during crises. Key components of an effective crisis manage- ment strategy in Germany are as follows.
• Risk assessment and prevention: (a) identifying potential crises; (b) conducting vulnerability and impact analyses; and (c) establishing preventative measures to minimise risks. • Legal and regulatory compliance – ensuring compliance with German regulations such as the LkSG, the GDPR and the IT Security Act. • Crisis team and leadership structure: (a) designating a crisis management team with clear roles; (b) establishing a chain of command and decision-making hierarchy; and (c) assigning an incident commander to oversee response efforts. • Crisis communication strategy: (a) developing internal and external commu- nication protocols; (b) ensuring transparency and timely updates to stakeholders; and (c) utilising multilingual communication where needed (especially for multinational corporations). • Business continuity planning: (a) creating contingency plans for opera- tions, IT infrastructure and supply chains; (b) ensuring redundancy in key areas; and (c) regularly testing and updating continuity plans. • Emergency response and operational resil- ience: (a) establishing a Standard Operating Proce- dure (SOP) for different crisis scenarios; (b) conducting training and simulation exer- cises; and (c) co-ordinating with local emergency services and government agencies (eg, BKK). • IT security and cyber-resilience: (a) implementing cybersecurity protocols in line with the BSI guidelines;
86
CHAMBERS.COM
Powered by FlippingBook