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Supply Chain Act with otris soft­ware im­ple­ment
10. February 2023

LkSG: How to set up a solution-oriented process

The Supply Chain Sourcing Obligations Act (LkSG) came into force on 01.01.2023. Affected companies know the requirements that the law places on them. However, the concrete process with which the new due diligence obligations are to be implemented is often still in the drafting phase. With otris software, companies implement a solution-oriented process that identifies and prioritises risks and documents the procedure. The individual process elements at a glance:

Create and com­mu­nic­ate policy state­ment

One re­quire­ment of the LkSG is to produce a policy state­ment with a clear com­mit­ment against human rights vi­ol­a­tions and en­vir­on­ment­al de­grad­a­tion and to dis­trib­ute the doc­u­ment to all rel­ev­ant stake­hold­ers.
Process support: otris di­li­gence in­cludes editing func­tions. You work to­geth­er in a team on a draft text and use func­tions for com­ment­ing and editing as well as ap­prov­al work­flows. Once the policy state­ment has been created, you send the doc­u­ment to the stake­hold­ers from the system. The system auto­mat­ic­ally doc­u­ments the sending and the status of the con­firm­a­tion of receipt.

Import sup­pli­er data

In order to identi­fy risks arising from sup­pli­er re­la­tion­ships, basic data on all sup­pli­ers must be com­piled and struc­tured as com­pletely as pos­sible. This is sup­ple­men­ted by data from the company’s own op­er­at­ing sites.
Process support: An in­ter­face in otris di­li­gence enables the con­nec­tion of ex­tern­al data­bases. The system imports basic data from the company’s sup­pli­er data­base. In ad­di­tion to the sup­pli­er name, this in­cludes the country of op­er­a­tion, the volume of the busi­ness re­la­tion­ship or the product group. Data on the company’s own op­er­at­ing sites can be im­por­ted from third-party systems ac­cord­ing to the same prin­ciple or created manu­ally.

Carry out pri­or­it­isa­tion

If you have a large total in­vent­ory of sup­pli­ers, it makes sense to first examine the sup­pli­ers that have a high level of ab­stract risk.
Process support: otris di­li­gence provides support through a pri­or­it­isa­tion process that sorts sup­pli­ers ac­cord­ing to the level of ab­stract risk. The solu­tion auto­mat­ic­ally checks whether sup­pli­ers are on indices or sanc­tions lists. To do this, the system reg­u­larly com­pares the im­por­ted sup­pli­er data with pub­licly ac­cess­ible data­bases. In a second step, the solu­tion iden­ti­fies ab­stract risks that are defined ac­cord­ing to pre­defined cri­ter­ia. These cri­ter­ia include, for example, the loc­a­tion of an op­er­at­ing site, the products sup­plied or the value of the goods sup­plied. As a result, otris di­li­gence creates a list of sup­pli­ers and company op­er­at­ing sites that should be sub­jec­ted to further risk as­sess­ment with high pri­or­ity.

Define initial pre­ven­tion meas­ures

The iden­ti­fic­a­tion of ab­stract risks may already be suf­fi­cient to derive pre­vent­ive meas­ures.
Process support: After de­cid­ing on a pre­vent­ive measure, it is as­signed to the risk / company in otris di­li­gence. You or­gan­ise the com­mu­nic­a­tion with the af­fected sup­pli­er as well as the pro­cessing and follow-up of the measure with solu­tion-spe­cif­ic func­tions. The system doc­u­ments the com­mu­nic­a­tion and all activ­it­ies auto­mat­ic­ally.

Create/dis­trib­ute sup­pli­er ques­tion­naires

After ab­stract risks have been iden­ti­fied, ques­tion­naires must be sent to the pri­or­it­ised sup­pli­ers.
Process support: You create sup­pli­er ques­tion­naires within the solu­tion. You send the ques­tion­naires bundled from the system to sup­pli­ers you have se­lec­ted. The re­cip­i­ents are asked to fill in a web form (no ad­di­tion­al com­mu­nic­a­tion via e-mail with at­tach­ment).

Eval­u­ation / Re-pri­or­it­isa­tion

The re­sponse to the sup­pli­er ques­tion­naires enables further pri­or­it­isa­tion.
Process support: The system not only doc­u­ments the sending, but also the con­firm­a­tion of receipt and auto­mat­ic­ally eval­u­ates the re­turned answers. The clear eval­u­ation clas­si­fies sup­pli­ers ac­cord­ing to risk po­ten­tial.

Assess risks

The LkSG de­scribes a func­tion­ing risk man­age­ment as a central element in order to fulfil due di­li­gence ob­lig­a­tions ad­equately and ef­fect­ively. The aim of the risk ana­lys­is is to identi­fy human rights and en­vir­on­ment­al risks in the company’s own busi­ness op­er­a­tions as well as in the supply chain. The risk ana­lys­is is in turn the basis for pre­vent­ive and re­medi­al meas­ures.
Process support: otris di­li­gence in­teg­rates a com­plete risk man­age­ment system. You collect the rel­ev­ant in­form­a­tion from your sup­pli­ers using the ques­tion­naires you have pre­vi­ously created. Eval­u­ation func­tions support you in the clas­si­fic­a­tion and weight­ing with regard to prob­ab­il­ity of oc­cur­rence as well as extent, scope and ir­re­vers­ib­il­ity. By visu­al­ising the results, the system makes clear where action is needed.

Re­cord­ing com­plaints

The LkSG re­quires com­pan­ies to set up a pub­licly ac­cess­ible com­plaints channel that pro­tects the iden­tity of the user and is avail­able in all ne­ces­sary lan­guages.
Process support: otris soft­ware is the man­u­fac­turer of an es­tab­lished whis­tleblow­ing system that meets all legal re­quire­ments and com­ple­ments otris’ LkSG solu­tion. A con­nec­tion to ex­ist­ing third-party systems is also pos­sible. Sub­mit­ted com­plaints can be linked to the re­spect­ive sup­pli­er and flow into the risk as­sess­ment.

Im­ple­ment pre­vent­ive and re­medi­al meas­ures

To respond ap­pro­pri­ately to iden­ti­fied risks, com­pan­ies must im­ple­ment tar­geted pre­vent­ive and re­medi­al meas­ures.
Process support: The risk as­sess­ment iden­ti­fies the need for action. You assign the derived pre­vent­ive and re­medi­al meas­ures to the cor­res­pond­ing risks in the system. Using es­tab­lished methods, otris di­li­gence or­gan­ises the com­mu­nic­a­tion of the meas­ures to those re­spons­ible and the follow-up of their im­ple­ment­a­tion. In ad­di­tion, the system sup­ports you in plan­ning and car­ry­ing out audits.

Create a report

A key re­quire­ment of the LkSG is the regular pro­duc­tion of a public report in ac­cord­ance with BAFA spe­cific­a­tions. The report is gen­er­ated from the answers to a struc­tured ques­tion­naire with open and closed ques­tions.
Process support: otris di­li­gence gen­er­ates the report “at the push of a button”. To answer the BAFA ques­tion­naire, the solu­tion com­piles data from the dif­fer­ent func­tion­al areas of the system (risks iden­ti­fied, com­plaints re­ceived, meas­ures im­ple­men­ted, etc.).

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