Dissertation: Die zivilrechtliche Haftung von Zertifizierungsstellen

Die zivilrechtliche Haftung von Zertifizierungsstellen

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Rostocker Schriften zum Wirtschaftsrecht, volume 18

Hamburg , 400 pages

ISBN 978-3-8300-8519-5 (print) |ISBN 978-3-339-08519-1 (eBook)

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Certifications can be found in many areas of life. And it is not anymore only products that are certified, but also management systems or courses of study or other items. Further, the topics concerned are becoming more and more varied: certifications have become thoroughly established in the areas of product safety and quality management. Moreover, they are also applied to occupational safety, data protection, education, healthcare provision and many others.

Despite at times high costs, more and more organisations use the means of certification. Thus, another rapidly growing market has emerged. In view of this development, the question arises as to how resilient the statements of certifications really are. Central to these considerations is the issue of the certification bodies’ civil liability.

The present study will investigate this issue. At first, different certification systems with their commonalities and disparities will be outlined. Thus, crucial disparities between the legally regulated systems of CE Marking and the GS Mark will be outlined, and further disparities compared to purely contractual certifications such as the VDE mark or the DIN-Geprüft certification mark as well as the certification of quality management systems according to DIN EN ISO 9001 will be identified. Based on these findings, the civil liability towards the applicant as well as third parties will be investigated. To that end, deficiency claims arising from contracts for work will be considered in detail on the one hand, and on the other hand the classic problem of third-party liability of experts will be newly revised.

The study was accepted as a doctoral thesis by the legal faculty of the University of Rostock and assessed magna cum laude. The author is a lawyer in Hamburg and co-founder of the Association for Transparent Data Protection (“Gesellschaft für transparenten Datenschutz”), which offers a certification of web sites. Further, he will be an assistant lecturer at the University of Hamburg during the summer term of 2015.

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