Certification – Trust, Accountability, Liability

1. Front Matter

   Pages i-vi

   PDF

2. Introduction

   • Peter Rott

   Pages 1-8

3. Foundations

   1. Front Matter

      Pages 9-9

      PDF

   2. Certification as Solution to the Asymmetric Information Problem?

      • Georg von Wangenheim

      Pages 11-22

   3. Challenges for Responsible Certification in Institutional Context: The Case of Competition Law Enforcement in Markets with Certification

      • Victoria I. Daskalova, Michiel A. Heldeweg

      Pages 23-71

   4. The Use of Conformity Assessment of Construction Products by the European Union and National Governments: Legitimacy, Effectiveness and the Functioning of the Union Market

      • Richard Neerhof

      Pages 73-106

4. Success and Shortcomings of Certification Systems

   1. Front Matter

      Pages 107-107

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   2. Privacy Through Certification?: The New Certification Scheme of the General Data Protection Regulation

      • Gerrit Hornung, Stefan Bauer

      Pages 109-131

   3. Can Certification Enhance the Feasibility of Insurance?

      • Miranda P. M. Meuwissen

      Pages 133-142

   4. Control in the Label: Self-Declared, Certified, Accredited?

      • Hanna Schebesta

      Pages 143-161

   5. Certification of the Sustainability of Biofuels in Global Supply Chains

      • Carola Glinski

      Pages 163-185

5. Liability for Negligent Certification

   1. Front Matter

      Pages 187-187

      PDF

   2. Certification of Medical Devices: Lessons from the PIP Scandal

      • Peter Rott

      Pages 189-211

   3. Public Function Liability of Classification Societies

      • Vibe Ulfbeck, Anders Møllmann

      Pages 213-229

   4. Liability of Rating Agencies Under German and European Law

      • Axel Halfmeier

      Pages 231-250

This book offers an in-depth analysis of the function of certification in general and of certification systems in a range of different sectors.

The authors examine certification from both a theoretical and a practical standpoint and from the perspectives of different disciplines, including law, economics, management, and the social sciences. They also discuss instruments that help ensure the quality of certification, which can range from public law measures such as accreditation, to private law incentives, to deterrents, such as liability towards victims. Further, they assess the role of competition between certification bodies.

Readers will learn the commonalities as well as the necessary distinctions between certification bodies in various fields, which may stem from the different functions they serve. These similarities and differences may also be the result of different types of damage that the certified producer or service provider could potentially causeto individuals or to the public at large.

Often, companies use certification bodies as an argument to assure the general public, e.g. regarding the safety of medical products. Closer inspection reveals, however, that sometimes certification bodies themselves lack credibility. The book offers essential information on the benefits and pitfalls associated with certification.

• Corporate Social Responsibility
• Trust services
• Credit rating
• Product safety
• Certification as solution to asymmetric information problem
• Costs and benefits of certification in the supply chain
• Supply chain governance and quality assurance standards
• Certification of sustainability of biofuels in supply chains
• Certification in the carbon market
• Certification in the Dutch construction sector
• certification of medical products
• European Data Protection Seal
• Sustainable certification of e-commerce businesses
• Private standardisation and certification under EU consumer law

• University of Kassel , Kassel, Germany

  Peter Rott

Peter Rott is Professor for Civil Law, European Private Law and Consumer Law at the University of Kassel. He has published widely in these areas, with a focus on consumer issues in their broadest sense. Triggered by the PIP breast implants scandal and the credit rating scandal around Lehman Brothers’ certificates, he is now researching certification as a cross-cutting issue.

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