Standards and the Law
Standards are not legal documents. Because they are private associations, standards bodies can not lay down generally applicable laws – according to the German Constitution legislative authority lies solely with the state. Neither do standards organizations gain this authority via references to their standards in laws or regulations. And technical rules do not automatically become technical laws through reference in legal documents.
Use of standards is voluntary; they only become legally binding if they are part of a contractual agreement between parties, or if legislators stipulate conformity with them.
Standards are unequivocal (recognized) rules, and reference to standards in contractual agreements provides legal certainty.
In litigation, judges regularly accept DIN Standards as "prima facie evidence", giving rise to a rebuttable legal presumption (reversal of the burden of proof).
Further themes
Legal Significance of Standards
CE Mark
"CE" stands for "Communautés Européennes“.
Product Liability
Product liability and standards
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Contact
DIN Deutsches Institut für Normung e. V.
RA Christian Löhrs
Am DIN-Platz
Burggrafenstr. 6
10787 Berlin
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