Commercial Law & General Business Law

Consulting focus

• Purchasing and procurement

  Our consulting services include the drafting and negotiation of all contracts in the procurement and purchasing of raw materials, goods and services as well as proactive risk management with regard to your contracts, general terms and conditions and purchasing structures. This also includes conflict avoidance measures and alternative forms of conflict resolution (mediation) as well as the representation of your interests in legal disputes before state courts or arbitration bodies, both nationally and internationally.

  With our interdisciplinary consulting approach, we work with you to design your supply chain management to proactively achieve your economic goals through appropriate legal structures and processes. For example, we support you in the event of supply bottlenecks, changes in the purchasing and supplier structure, the occurrence of force majeure situations, compliance with the Supply Chain Sourcing Obligations Act (LkSG) and other regulatory requirements. In addition, we advise on supply chain due diligence and ESG issues.

• Legal Value Chain Advice

  We advise you and your company across all industries and worldwide on all legal issues along the value chain. In doing so, we develop an in-depth understanding of your products and process flows, so that we always have your economic goals in mind and can work with you to develop practical solutions. We help you identify and minimize risks along the value chain. To this end, we support you with viable contracts, legally secure structures and practicable recommendations for action in the legal drafting, negotiation and management of contracts as well as in dispute prevention and conflict resolution.

• Modern sales organization and e-commerce

  The strategic alignment and efficient structuring of sales, the development of new markets and business areas, and increasingly complex regulatory requirements with regard to sales activities are constantly presenting companies with new challenges and increasing the risk of (product) liability risks. The transformation of traditional sales to online retailing in particular brings with it new legal requirements that are constantly changing and evolving.

  We work with you to conceptualize and design your company’s sales structures to meet the needs of your business model. We advise you on the establishment or expansion of your Internet presence and the implementation of marketing measures. In doing so, we focus in particular on minimizing your liability risks while at the same time focusing on effective compensation structures. We develop practical solutions for you that simplify your day-to-day business and also protect your sales department in liability matters.

• Production, product liability and product safety

  Your product is the core of your business success. However, each phase in the life cycle of a product, from conception to disposal, is subject to certain legal requirements, which essentially concern general and product-specific safety requirements as well as product and producer liability law. The complexity of national and international product regulations should not be underestimated and is constantly increasing, especially in a globalized market.

  At KPMG, we offer you holistic legal advice that is tailored to your individual product strategy and product risk and always keeps the economic aspects in mind.

• Legal Supply Chain Management

  Legal supply chain management is an important building block for achieving compliance with the German Supply Chain Due Diligence Act (LkSG) as well as the future European legal requirements for supply chain due diligence. It also helps you implement your company’s ESG strategy. At KPMG Law, we will guide you through every step of implementing legal supply chain management and support you at every stage of this project. The path to complete implementation of such a management system begins with risk analysis and continues with the conceptual design of due diligence obligations and their contractual formulation, as well as mapping in the process design, through to rollout at your suppliers and their connection to your compliance management system.

• Transportation, logistics and fulfillment

  Digitalization and disruptive technologies are changing established logistics systems as well as transport modes, processes and routes. The versatile and cross-industry use of automated and autonomously operating transport devices such as drones and other so-called “Unmanned Air, Street and Surface Vehicles” is becoming increasingly popular. This continuous development and reorientation, the increasing legal complexity of logistics, and challenges in meeting delivery obligations in a digital world require specialized legal advice that is in tune with the times and tailored to the specific needs of the company. The economic aspects of logistics as well as the regulatory impact on the entire value chain and the handling of products and contracts must always be kept in mind.

  Among other things, we support you in the development and implementation of process optimization, fulfillment solutions (3PL/4PL/5PL), outsourcing projects or the use of new technologies.

• Contract Management

  Active contract, supplier and customer relationship management allows ongoing optimization of current and new contractual relationships. This can be the proactive adaptation of contracts to changing legal or factual circumstances and economic needs as well as the monitoring of deadlines and documentation requirements, but also a controlling of KPIs associated with contracts. We support you in your contract management with a wide range of consulting services such as contract-specific risk analyses, contract optimization, legal housekeeping, template management, deadline management, claims management and documentation or contract mapping, but also with the use of customized LegalTech solutions for your company.