GERMANY Law and Practice Contributed by: Rainer Wilke, Ingo Theusinger and Ralph Schilha, Noerr
4.4 Crisis Simulation Simulation exercises can prepare companies for potential crises. The frequency of such simula- tion exercises depends on company size, sec- tor and risk exposure. Many companies conduct them at least annually. Some high-risk industries, such as finance, may perform exercises more frequently to ensure preparedness and com- pliance with regulatory requirements. It allows companies to practise their crisis response procedures and ensure that all team members involved are familiar with their responsibilities in the event of a crisis. Common scenarios in simulation exercises include the following. • Cybersecurity breaches – reviews and tests of cybersecurity during a crisis can be conducted through “ethical hacking” . This involves authorised examinations of computer systems, networks or web applications to identify and fix security vulnerabilities. Ethi- cal hackers simulate cyber-attacks, using techniques similar to malicious hackers, but aim to improve system protection and prevent breaches. Best practices include partnering with certified ethical hackers, clearly defin- ing the scope and objectives, and thoroughly documenting findings. • Natural disasters – exercises for events such as earthquakes, floods or fires test the company’s emergency response, evacuation procedures and business continuity plans. • Supply chain disruptions – companies simu- late disruptions due to supplier failures or transportation issues to assess and improve their supply chain resilience. • Operational failures – scenarios may involve key equipment or system failures, testing maintenance and back-up processes.
• Regulatory challenges – developments under public law often pose a challenge. Investi- gations are carried out and audits are con- ducted to ensure compliance with public law regulations. • Investigations – when investigating, authori- ties carry out dawn raids on a company’s premises if there is reasonable suspicion of an offence by the company, its management or one of its employees. Training on the “dos and don’ts” in the event of such a dawn raid and simulation of dawn raids ( “mock dawn raid” ) have proven useful. By conducting these exercises regularly, compa- nies aim to refine their crisis management strat- egies, improve team co-ordination and ensure that employees are well prepared to handle real- life crises effectively. 4.5 Training Companies provide training programmes to ensure employees understand best practices for crisis prevention and response. The train- ing covers the crisis response plan, individual responsibilities and communication procedures. Employees also engage in simulations of critical scenarios to reinforce their roles. Regular updates and refresher courses are rec- ommended to keep staff informed about crisis management practices, and companies offer handbooks and online resources for easy access to protocols. Co-ordination with legal and com- pliance teams is essential to ensure awareness of operational and regulatory considerations. Training initiatives are typically managed by cri- sis management teams or departments such as HR, with support from senior management to encourage participation.
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