Due Diligence

Regulations implementing EU directives into UK law contain a defence of due diligence. To use this defence, a person must prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence. Each case will be different and success is dependent upon particular circumstances. In practice this means implementing a system of control that has due regard to the risks inherent in the product range and the associated legislation.
The larger the company the more the law will expect. Due regard must be given to your particular business sector and judgement is required in deciding what is reasonable and achievable. When establishing a system of control, all aspects of the business that might lead to a breach of the law must be considered, controlled and verified. The entire supply chain should be assessed and the system must be kept under continual review with accurate record keeping and auditing. It must be shown in any defence that the system is followed and is proven to work.

Drawing upon experience of establishing due diligence systems, CESystems can assist in developing such systems including the auditing of existing systems and training staff in their application.


In my opinion this system is an extremely useful tool to help manage ever increasingly complicated legislative requirements

Jerry Burnie
Independent Quality Solutions


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