The law firm offers substantiated, personalized and focused legal advice in national and European product law and supports economic operators to comply with the rules that apply on their goods. It provides them with dedicated legal consulting services on their rights and obligations in product law, product safety law and warranty law. It accompanies product launches of established companies and startups with legal expertise and advises them on mandatory product requirements of a market entry in Germany and a cross-border distribution in the European Union.
The legal services include a demand-oriented design and legal review of product-related contracts, such as delivery agreements and general terms and conditions. Thereby, the law firm presents advantageous options to effectively reduce safety and liability risks of economic players in supply chains. In the event of amendments to existing statutory laws, it proactively adjusts existing agreements to achieve a successful implementation of new rules with legal conformity.
If product risks and product defects appear, the law firm informs you about appropriate reactions and solution-oriented legal measures towards authorities and customers, such as corrective actions, reporting obligations and information duties. In addition, it offers legal representation to enforce warranty rights and liability claims.
Moreover, the law firm offers legal information on current developments to German law and EU-law that may affect your commercial activities and contractual relationships, if required by a regular legal newsletter. Thereby it considers new legal obligations as well as new statutory simplifications, for example new Omnibus packages of the EU commission or legislative adjustments of the New Legal Framework (NLF). The law firm assist you to implement new provision and legislative changes in product law effectively in a timely manner to avoid adverse consequences such as sanctions and penalties by market surveillance authorities or claims of customers and contracting partners.
The lawyer´s cross-sectoral consultancy services refer to industrial parts and components, raw materials, consumer goods, smart products and product related services, but also to used, overhauled and recycled articles.
You receive comprehensive legal advice to comply with the applicable product liability law and warranty law. This relates inter alia to national provisions like the German Product Liability Act and adjustments by the Eu Directive on liability for defective products, that extends liability to defective software components, artificial intelligence systems and modified products of economic operators.
Furthermore, the legal counselling includes sustainability law such as the European Ecodesign Regulation. It sets out legal requirements for sustainable product design and packages throughout the lifecycle of many goods. Furthermore, you receive current legal news regarding legal restrictions of certain compounds such as Per- and polyfluoroalkyl substances (PFAS).
The law firm also advises you on current consumer protection laws such as the right to repair. It grants new warranty rights for certain goods and requires producers to fulfil special information obligations.
Additionally, it thoroughly reviews and designs product related agreements and compliance guidelines to reduce the risks of warranty and recourse claims. The contractual services contain the legal examination of purchase and sales contracts and general terms. Thereby, the law firm considers new legal provisions and contractual options that may reduce liability risks.
If required, it offers legal representation for the enforcement of product related claims, especially of warranty rights, such as supplementary performance, repair, reduction, withdrawal, claims for damages or recourse in supply chains.
You receive precise and customized legal counselling on national and European product safety law to achieve a successful product distribution with legal certainty. The legal services relate to industrial goods, for example tools, chemicals, raw materials, plastics, batteries and machinery, but also to consumer products like textiles, electronic devices, commodities, furniture, cosmetics, detergents and software.
The consulting services include general product safety law such as the European product safety regulation and certain safety provisions that apply on your individual product range, for example specific implementing acts. Thereby it presents detailed legal information relating to safety rights, claims and compliance measures. This covers inter alia the establishment of quality management systems, conformity assessment procedures, risk analysis, documentation obligations and reporting obligations.
Additionally, the law firm provides legal information to current changes in product safety legislation that are relevant for your production processes. It offers committed support in the successful implementation of new statutory laws and current legal amendments, for example in relation to the CLP Regulation, the Toys Safety Regulation and the Machinery Regulation.
It also reviews and designs safety agreements and develops tailor-made contractual solutions to reduce product safety risks. The contractual services refer to guarantees, certifications and control actions like audits and monitoring.
If product defects, product hazards or other faults appear, the law firm advises you on appropriate corrective actions like return, recall and warnings. Furthermore, the attorney exercises your rights of compensation, repair or the delivery of spare parts.
The law firm provides you with mandatory labelling obligations that apply on goods, packages, instructions, promotion material or labels according to German and European law. This includes inter alia declarations with manufacturer specifications, hazard statements, precautionary statements, security identifiers, warnings, disposal instructions, QR-Codes and CE markings.
In addition, you receive dedicated support in implementing new labelling provisions, such as information obligations by the EU-Directive on empowering consumers for the green transition (EmpCo-Directive), and national transposition laws. It sets out certain label requirements for warranty rights and guarantees of durability that apply primarily on manufacturers and traders in stationary and online sale.
The legal consulting includes labelling obligations that affect the extended producer responsibility according to German and European statutes. This relates to labelling of items and packages with environmental and sustainability information, seals, logos and recycling codes.
Furthermore, the legal services comprise the successful implementing of digital labels such as the digital product passport (DPP) and the digital battery passport. Those digital labels create more transparency in the value chain about certain product groups by publishing data about repair options, replacement parts, raw materials, quality and disposal of goods concerned.
You also receive substantiated legal advice on voluntary labelling options, for example with quality labels, test marks, characteristics of goods or origin labelling such as a “Made in Germany”-Label.
The law firm offers qualified legal counselling on safety legislation that regulates new technologies and applies on products with digital elements.
Thereby, it supports the compliant implementation of emerging technology rules such as the EU-AI-Act. Depending on the responsibility and risk level, it requires economic operators such as deployers or providers to take certain safety measures, for example to obtain AI literacy and to fulfil transparency and documentation obligations.
Moreover, the law firm provides entrepreneurs with precise compliance information on the CRA, DSA and other statutory rules that refer to digital and connected products. The provisions entail various safety requirements for important goods and critical products with digital elements. Economic actors have to comply with cybersecurity, reporting and conformity obligations. The advocate services also refer to the EU Data Act which regulates the use of data generated by connected devices, smart products and IoT-systems.
The legal advice also relates to current emergency legislation that avoids barriers to the free movement of goods in the event of a crisis situation based on geopolitical instabilities, natural disaster or cyberattacks that may affect manufacture, conformity assessment and the placing of goods on the market.
Thereby, the counselling covers European and national emergency provisions that shall prevent obstacles to supply chains and reduce shortages of crisis-relevant goods and services. The legislative resilience acts and preparedness actions address primarily enterprises of the manufacturing industry whose business activities relate to critical raw materials, critical infrastructure and cybersecurity. The provisions contain certain risk management measures for important entities and resilience measures for critical entities. They also include governance obligations, whereas management bodies can be held liable for infringements by entities.
The legal counselling also refers to:
For more information about the legal services, please contact the law firm.