Find on this page
- Basic definitions and classifications about the German legal term “Produktbeobachtung” (Product Monitoring)
- Information about product monitoring and its application in practice in different countries as well as in different industries
- Current news and events about product monitoring, product liability as well as recalls
- A compact collection of relevant literature and reading recommendations
- Legal experts
About this page
This page is a service offered by Consline AG. Consline has been a pioneer in the field of complete and precise monitoring of customer voices and company information online. In addition to other areas, we use this expertise to ensure a reliable product monitoring online. To make the search for information easier, we have compiled relevant content for you.
What is product monitoring or product observation?
It is worth taking a look at online lawyers’ portals for simple definitions that are easy to understand, even for laymen. Both on anwalt.de as well as on anwalt24.de you can find explanations of the term “Produktbeobachtungsfehler” (violation of the obligation to monitor products). The legal norms from which this obligation is derived are also mentioned.
Likewise, the necessary extent as well as the terms passive and active product monitoring are discussed. You can find the actions necessary in case of detected defects on Quality Engineering. In some areas product monitoring is subject to additional regulations, e.g. the Pharma industry. Here the term pharmacovigilance is used which is defined in the German Medicinal Products Act.
Please note that these sources are only available in German.
Liability in case of defective products
A faulty product monitoring is only one basis for liability. IHK Bodensee-Oberschwaben gives an extensive overview over different types of liability for defective products and covers:
- Product safety, product liability, producer liability and warranties
- Comparison of liability risks
- Relevance for quality management
- Exemplary cases
You can find a differentiation between the terms product liability and producer liability on it.recht-kanzlei.de. In addition, they explain who is liable under which circumstances and if and when legal claims expire.
Please note that these sources are only available in German.
Ensuring a reliable product monitoring
There are various services online that support in ensuring a product monitoring in line with legal requirements. E.g. QZ-online has developed a checklist which can serve as a guideline for companies. Business-wissen.de lists which measures have to be taken to ensure product monitoring / product observation and details how to organize product monitoring within the company.
In order to monitor products in the market, both internal as well as external sources have to be used. Anwalt.de and Quality Engineering list various sources.
The legal obligation to monitor products also applies to the monitoring of online content regarding the state-of-the-art of science and technology as well as product performance on the market (Klindt/Wende: Rechtliche Stellungnahme – Produktbeobachtungspflicht und Web-Monitoring, München 2016). Consline AG supports companies in this area.
Please note that the sources are only available in German.