Integriertes Technical-Product-Compliance-Managementsystem m

Abstract

Under certain German company laws (AktG andStaRUG), the company’s management is required to identify risks andestablish risk management processes. . Such a risk could be created by, for example, potential deviations from  regulations or other relevant requirements, thus making the installation of a functioning Compliance Management System (CMS) necessary. In particular, for companies manufacturing and selling products, each decision concerning the lifecycle of the product (including but not limited to planning, engineering, usage, recycling, data security and intellectual property) can potentially carry a risk, therefore a Technical Product Compliance Management System (TPCMS) should also be introduced, to ensure adherence with relevant laws and regulations.

However, it is shown in the following article, that the only difference between TPCMS and CMS concerns the facts of the cases. TPCMS is a subset of the CMS and can be controlled simultaneously. The method remains the same. This helps every member involved in the process e.g. lawyers, who have been heavily involved in anti-corruption or anti-trust topics, can adapt easily to new issues; and engineers, who will encounter TPCMS-issues during their work can rely on an already implemented and effective system, that is certified and based on internationally recognized standards (ISO 37301:2021, ISO 31000:2018, ÖNORM 4901:2021 and the COSO framework).

Governance, risk and compliance management are not only an important pillar of sustainability (ESG / CSR) from an ecological point of view. The TPCMS is essential to guarantee the fulfillment of ESG and CSR requirements and goals.