What Is the SCDDA?

Q: What Types Of Risks Does the SCDDA Focus On?

Environmental Risks: Companies are required to comply with international treatieslike the Minamata Convention on Mercury, the Basel Convention on the illegal transboundary movement of electrical and electronic waste, and the Stockholm Convention on Persistent Organic Pollutants. Human Rights Risks: Forced labor, child labour, unsafe working conditions, negative community impacts, etc.

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Frequently Asked Questions About the SCDDA

Knowing what’s required of you under the SCDDA is important. Here are some of the most commonly asked questions about this law.

Who Is In Scope of the SCDDA?

German companies with 3,000 or more employees are currently in scope of the SCDDA. This includes all companies that have their head office, principal place of business, or registered office in Germany, or via a German contract abroad. In 2024 this will be extended to companies with 1,000 or more employees.

What Types Of Risks Does the SCDDA Focus On?

Environmental Risks: Companies are required to comply with international treatieslike the Minamata Convention on Mercury, the Basel Convention on the illegal transboundary movement of electrical and electronic waste, and the Stockholm Convention on Persistent Organic Pollutants.

Human Rights Risks: Forced labor, child labour, unsafe working conditions, negative community impacts, etc.

Does the SCDDA Target Direct Or Indirect Suppliers?

The law targets both, along with a company’s overall supply chain. Additionally, to comply with the SCDDA, companies must clearly communicate expectations to their suppliers.

Companies must also conduct risk analyses and takecorrective action if a violation with an indirect supplier is found.

What Does The SCDDA Mean for Non-German Companies?

While the SCDDA only applies to German companies, it is part of a larger ESG trend.

Regulations like the UFLPA and proposals like the EU Forced Labor Ban are taking a hard look at global human rights and environmental risks.

Also, suppliers of German companies in scope of the SCDDA will be affected by the law.

What does “substantiated knowledge” mean in due diligence obligations for indirect suppliers?

“Substantiated knowledge” exists if the company has verifiable and serious information about a possible human rights or environmental violation through indirect suppliers. This can be interpreted both narrowly (e.g. direct complaints received through the company’s complaints procedure) and broadly (e.g. where there is public information about human rights violations in a geographical location where the company has indirect suppliers).

What are the responsibilities of the designated Human Rights Officer?

The primary responsibility of the “Human Rights Officer” role is to monitor the enterprise’s internal processes for fulfilling the obligations of the German SCDDA. They are also responsible for debriefing senior management on a regular basis (at least once per year) about their work. While the Act is not prescriptive about the level at which this role needs to function, it would typically be performed by someone in a technical mid-level manager role.