Third-Party Certifiers

Third-Party Certifiers includes detailed research on existing certification processes in selected fields, such as finance, transport, products and medical devices, and a specific proposed framework for more accurate and reliable certification. Third-party certifiers are organisations that are independent vis-à-vis a requesting entity. They attest that a product, service, information or person possesses certain qualifications or meets safety, quality or technical standards. This important book presents an in-depth analysis of the liability and obligations of certifiers, evaluates existing certification processes in selected fields and proposes new mechanisms which could increase the accuracy and reliability of certifiers’ ratings, marks or reports.

What’s in this book:

Highlighting the risks of errors in this activity – inaccurate certification was a major factor in the global financial crisis of 2008 – the author takes a comparative approach, looking at the certification process in several European countries, Australia and the United States. Such aspects of the process as the following are thoroughly described:

• obligations and liability of certifiers during the certification process;
• risk of ‘information asymmetry’ between the requesting entity and the end user; and
• relationship between the civil liability of certifiers and public law aspects.

How this will help you:

Because the efficient and effective functioning of third-party certifiers is extremely important in today’s world – especially in such areas as health, the environment, safety or economic values – this deeply researched contribution to an important area of commercial law, combining analysis of current issues with proposed reforms, will be welcomed by practitioners when confronted with legal issues with regard to the certification process. The book’s conceptual framework will also prove highly useful for policymakers charged with developing reliable certification mechanisms.

Foreword

Acknowledgements

PART I
General Introduction

CHAPTER 1
Third-Party Certifiers and the Certification Process

CHAPTER 2
Selected Certification Services

CHAPTER 3
The Need for Reliable and Accurate Certificates

CHAPTER 4
Research Questions and Methodology

CHAPTER 5
Outline of the Book

PART II
Third-Party Certifiers and Certification Process

CHAPTER 6
Obligations of Certifiers and the Certification Process

CHAPTER 7
The Characteristics of Third-Party Certifiers

CHAPTER 8
The Third-Party Liability of Certifiers

CHAPTER 9
Certificates as Opinions and the Freedom of Speech Defence

CHAPTER 10
Concluding Remarks

PART III
Increasing the Accuracy and Reliability of Certificates

CHAPTER 11
An Overview of Existing Proposals

CHAPTER 12
Evaluation Criteria and Existing Proposals

CHAPTER 13
Evaluation Criteria and New Proposals

CHAPTER 14
Concluding Remarks

PART IV
General Conclusions

Bibliography

Other Sources

Table of Cases

Table of Legislation

Index