GERMANY Law and Practice Contributed by: Rainer Wilke, Ingo Theusinger and Ralph Schilha, Noerr
• operations manager – focuses on maintaining or restoring normal operations and minimising disruptions; • financial officer – assesses the financial impact of the crisis and manages budgetary considerations; and • external experts (if needed). The frequency of meetings depends on the sever- ity and nature of the crisis. The team may meet daily or even several times a day to assess and respond to urgent developments. In less urgent situations or during regular reviews, meetings may be held quarterly or semi-annually. In Germany, effective communication is essen- tial for handling crises efficiently. Companies set up internal communication channels to provide regular updates and hold meetings to discuss ongoing developments and the current situation. Collaboration between different departments in the company ensures a cohesive response. Involving management in regular briefings allows for strategic decision-making based on the cur- rent situation. 3.5 External Advisory Companies usually engage external experts (such as lawyers and communication experts) to manage crisis management and prevention, especially if they lack specific expertise or need an unbiased, objective perspective. External experts provide specialised knowledge, expe- rience from past crises and resources that are not readily available within the company. If law- yers serve on the crisis committee as external experts, communication may be protected by attorney-client privilege. External advisers possess strong analytical skills, strategic foresight and the ability to make quick, informed decisions under pressure. Their
experience helps businesses prepare for crises. Their investigative skills allow them to assess past failures, mitigate risks and implement sus- tainable solutions to prevent recurrence. The criteria for selecting external experts usually include: • expertise and experience – the expert’s track record in dealing with similar crises or their specific industry experience are key; • reputation and references – companies often look for experts or firms with a good reputa- tion and positive references from previous clients; • approach and methodology – the strategies and methods proposed by the experts should be in line with the needs and culture of the company; • availability and responsiveness – the experts must be available to respond quickly, as cri- ses can occur unexpectedly; • communication skills – clear and effective communication is essential to ensure co- operation and understanding between the company and the external experts; and • cost-effectiveness – as regards budget considerations, companies may assess the potential return on investment of hiring exter- nal experts against the costs involved. 3.6 Assessing Crisis Management Success Common indicators used by companies to assess the success of crisis management efforts include the response time and the effectiveness of communication strategies. Other indicators include minimising financial losses, maintaining business operations, employee and stakeholder satisfaction, and feedback from people involved in crisis management.
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