Duty of Care in Germany: Travel Risk Management Strategies for Organisations

Whether it’s a corporate assignment, a university exchange, or an NGO mission, travelling comes with risks. Organisations have a fundamental responsibility to protect the safety and well-being of their employees, students, and personnel when they are away from home. This obligation is known as Duty of Care, a legal and ethical requirement that mandates employers, universities, and NGOs to take proactive steps to protect individuals under their supervision.

In Germany, this concept is governed by the Sorgfaltspflichtengesetz, which enforces strict legal guidelines for organisations operating within the country. Companies must adhere to specific legislation, ensuring robust risk management strategies to safeguard employees in domestic and international settings.

This article explores how organisations can uphold Duty of Care in Germany, comply with relevant legislation, and implement effective travel risk management (TRM) strategies to mitigate potential risks.

Duty of Care Legislation & Requirements in Germany

Legislation

Germany’s approach to Duty of Care, underpinned by the Sorgfaltspflichtengesetz (Supply Chain Due Diligence Act), requires companies to identify and address human rights and safety risks within their supply chains. Additionally, the Occupational Safety and Health Act (Arbeitsschutzgesetz) mandates that employers assess workplace hazards, including those associated with international travel.

For German businesses, this means ensuring employees are protected from security threats, medical emergencies, and other travel-related risks through pre-emptive planning and compliance with regulatory frameworks.

Requirements

Organisations must establish and maintain comprehensive safety measures, including:

• Conducting detailed risk assessments for every business trip, factoring in destination-specific threats, political stability, and medical considerations.
  
• Providing mandatory pre-travel safety briefings, covering topics like personal security awareness, emergency contact procedures, and cultural sensitivities.
  
• Implementing comprehensive emergency response protocols, including crisis communication plans, evacuation strategies, and designated incident response teams.
  
• Offering 24/7 support services, such as real-time travel tracking, rapid-response crisis management, and access to medical and security experts via trusted providers like Securewest International.
  
• Ensuring continuous monitoring of global travel threats through intelligence updates and proactive alerts, helping organisations adjust travel plans based on emerging risks.

Compliance

Ensuring compliance with Duty of Care legislation in Germany demands a well-structured and proactive approach. Organisations must establish clear governance frameworks, outlining policies, procedures, and reporting mechanisms to maintain legal and ethical standards.

Key measures for compliance include:

• Appointing Compliance Managers and Heads of Safety to oversee risk management strategies, conduct audits, and enforce workplace safety laws.
  
• Conducting regular compliance audits to assess potential risks, ensuring adherence to the Occupational Safety and Health Act (Sorgfaltspflichtengesetz, Arbeitsschutzgesetz) and international best practices.
  
• Maintaining thorough documentation of safety protocols, risk assessments, and incident reports to demonstrate due diligence.
  
• Providing ongoing training for employees, ensuring awareness of Duty of Care responsibilities, emergency procedures, and travel risk mitigation.

Engaging third-party risk management providers like Securewest International to support compliance efforts, offering real-time security intelligence and emergency response services.

Key Duty of Care Responsibilities in Germany

Responsibilities in the Workplace

Employers must take active measures to protect their workforce, both in office environments and when travelling for work. These responsibilities include:

• Ensuring compliance with German health and safety laws.
• Providing security awareness training for employees.
• Developing crisis management plans for emergencies, including natural disasters and political unrest.
• Conducting regular health and safety audits.

Duty of Care in Higher Education

Universities and academic institutions have a Duty of Care responsibility towards students, faculty, and researchers travelling for academic purposes. Case studies have shown that institutions with clear risk management policies significantly reduce safety incidents. Universities should implement:

• Provide student travel risk assessments.
• Offer emergency response plans for international students.
• Implement clear protocols for crisis situations, such as medical evacuations.

Duty of Care Regulations Around the World

Understanding Duty of Care globally is crucial for multinational organisations. Some key variations include:

• United States – The Occupational Safety and Health Administration (OSHA) enforces strict workplace safety standards, requiring employers to provide adequate risk mitigation measures for employees travelling abroad. Additionally, the Duty of Care principle is often reinforced through corporate liability laws.

• France – Under French labour law, the Devoir de Vigilance law, employers bear strict liability for their employee’s health and safety, including when they travel internationally. Organisations must implement robust security protocols and emergency support mechanisms to protect personnel in high-risk locations.

• The Netherlands – Businesses must provide documented safety assessments before any work-related travel.

High-Risk Travel Destinations for German-Based Organisations

German companies operating internationally must pay close attention to travel safety, particularly when sending employees to high-risk destinations. Regions with increased security concerns include:

• Middle East & North Africa – Political instability and terrorism risks are prevalent in certain countries, posing a threat to business travellers and expatriates. Employers must ensure their employees are briefed on potential security risks and have emergency evacuation plans in place.
• Sub-Saharan Africa – Health risks, including malaria, Ebola, and limited access to medical facilities, can make travel challenging. Organisations must provide vaccinations, medical kits, and ensure access to emergency medical evacuation services.
• South America – Increased crime rates in certain urban areas, particularly concerning violent crime and kidnapping, require travellers to exercise heightened caution. Companies should implement travel security training and real-time risk monitoring for employees visiting the region.
• Eastern Europe – Cybersecurity threats and regional conflicts can pose risks to business operations and digital assets. Organisations must enforce stringent cybersecurity protocols, provide secure communication channels, and stay informed about geopolitical developments.

Travel Risk Management Strategies

To ensure effective Duty of Care for employers, Head of Safety & Risk Managers should implement:

1. Pre-Travel Risk Assessments – Analyse destination risks, conduct security and medical checks, and establish emergency protocols to safeguard personnel in high-risk regions. Organisations should ensure that local emergency contacts are identified in advance and employees are equipped with crisis response plans tailored to their travel destination.
   
2. Real-Time Safety Alerts & Monitoring – Use mobile alerts and GPS tracking to provide real-time updates and enable rapid intervention in case of threats. Continuous monitoring allows organisations to react quickly to geopolitical changes, natural disasters, or security incidents that could impact employee safety.
   
3. Emergency Response & Medical Assistance – Establish partnerships with security firms to offer 24/7 crisis response, medical evacuations, and contingency plans for prolonged incidents. Having dedicated emergency teams in place ensures rapid response times and reduces the risk of employees being stranded in unstable regions.
   
4. Employee Training & Crisis Preparedness – Equip employees with security training, crisis simulations, emergency toolkits, and cultural awareness programs to mitigate risks. Providing scenario-based training prepares employees to respond confidently in high-risk environments and enhances their ability to make informed security decisions.

Safeguard Your Personnel During Travel

In Germany, ensuring Duty of Care compliance is a vital aspect of organisational responsibility. Whether for businesses, universities, or NGOs, safeguarding personnel during travel is a legal and ethical priority. Implementing robust Travel Risk Management strategies minimises exposure to security risks, enhances traveller confidence, and ensures regulatory compliance.

Securewest International, a leader in maritime security and travel risk management, offers tailored solutions to help organisations meet their Duty of Care obligations. By leveraging real-time safety alerts, risk assessments, and crisis response services, Securewest International empowers businesses to navigate global risks confidently.

Ensure your organisation meets its Duty of Care obligations. Contact us today for expert guidance on travel risk management.