Environmental, Social, Governance: How to master the ESG requirements
Use our expertise in this area to embed sustainability within your company.
What does ESG mean?
ESG stands for Environmental, Social and Governance. These three pillars provide the framework for sustainable, responsible corporate governance. ESG covers areas such as climate protection, social responsibilities as well as transparent and legally compliant corporate structures.
What are the challenges with ESG?
Both the public and private sectors face increasingly complex challenges with the European Union's Green Deal and the associated ESG requirements,
as shifting towards a sustainable, ESG-compliant economy requires not only the integration of regulatory requirements into company processes but also effective preventative measures to minimise the legal risks.
Can the ESG criteria also provide benefits?
The definitive answer to this question is yes, as the ESG requirements give your company the opportunity to combine environmental and social responsibility with sustainable corporate governance. Implementing these requirements increases the attractiveness of your company to investors, minimises risks and improves your corporate image through transparency and ethical actions. A good ESG rating has positive effects on interest rates for loans and tangibly influences your stock market price. In the long-term, a good ESG rating can add value and improve competitiveness.
As a business law firm, GÖRG provides local, specialist advice about practical solutions for integrating and implementing ESG requirements in a legally compliant manner. We will support you in avoiding risks and benefiting from the many advantages as well as pursuing the resulting strategic chances – all in accordance with the organisation and the long-term objectives of your company.
We will be happy to assist you with this matter. Get an initial overview with our ESG Road Map (German only).
The E in ESG
Benefit from our services in the Environmental area
Climate protection, supply chains, green energy certificates, environmental criteria in the construction industry and sustainable tendering processes, are the current hot topics, among others. These “Environmentals” represent new environmental standards rapidly developed by the legislature and increasingly influence a company's activities.
Companies are increasingly faced with the challenge of defining concrete sustainability objectives and strategies applicable to themselves and their impact on the environment. These objectives form the basis for introducing and ensuring compliance with particular environmental due diligence and reporting obligations. At the same time they drive the development of innovative concepts and sustainable forms of corporate activity and promote their establishment in the market.
Our business law firm will provide you with comprehensive support in this area. We clarify legal requirements, support you in implementing and integrating the “Environmentals” into your company processes and help you to avoid and detect risks sooner.
Our experts specialise in the following areas of environmental protection:
In order to bring about a transformation of the state, economy and society, it is essential to take sustainability criteria into consideration when awarding public contracts. Public procurement law has tremendous potential to steer companies in that direction, and is also used in the public sector. Public procurement law facilitates ESG-compliant social, ecological and innovative procurement. It can act as a medium for fair government action suitable for all generations.
Furthermore, public procurement law and the possibility of sustainable procurement will also become increasingly important for private actors, as this will be tied to public procurement law through relevant ancillary provisions in government grants and subsidies.
Main areas of advice
- Urban sustainability strategies
- Sustainability aspects in public procurement procedures
- Internal guidelines on awarding contracts in conjunction with sustainable procurement
- Structuring and execution of tendering procedures with regard to climate protection and transition to green energy and mobility
- Implementation of provisions related to public procurement law
- Strategic tender preparation in accordance with tender document specifications (including organising internal relationships of syndicate structures)
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The question of sustainability in the construction and real estate industry is of crucial importance considering its economic significance and the high consumption of resources. The sector currently faces significant challenges that require solutions. The main focus in this context is on compliance with statutory requirements and proactive development and implementation of innovative concepts.
Main areas of advice
- Sustainability in tenancy law, in particular drafting green leases (ESG clauses)
- Landlord-to-tenant electricity supply models, Buildings Energy Act (Gebäudeenergiegesetz, GEG), urban heat supply plan
- Sustainability criteria in real estate transactions
- Sustainable real estate financing agreements
- Innovative real estate utilisation concepts (such as corporate living, urban and last-mile logistics, sustainable spatial designs)
- Sustainable construction and recycling economy (circular economy, cradle to cradle)
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The adverse effects of climate change on the environment and its corresponding impact on humanity and the economy are well known and are becoming increasingly noticeable. Climate protection has thus become one of the most pressing global challenges of our time and is increasingly at the centre of economic, political and social discussions. Both public and private actors are aware that in order to become climate-neutral, CO2 emissions need to be reduced and further steps taken against environmental pollution.
Legal developments in the form of climate protection laws at federal and member state level as well as regulatory tools at EU level show that the legislature acknowledges the need for change. Transition to green energy and mobility plays a crucial role in climate protection.
Main areas of advice
Energy transition
- Expansion of renewable energy production (wind, solar, biomass, etc.)
- Grid expansion (electricity)
- Building and expansion of green hydrogen (production and infrastructure): Setting up of hydrogen core network across Germany, Transformation of urban natural gas distribution grids
- Digitalisation
Heat transition
- Heat generation (especially geothermal energy)
- German Buildings Energy Act (Gebäudeenergiegesetz, GEG)
- Urban heat supply plan
Mobility transition
- Upgrading and expanding railway networks for long-distance rail services and local public transport (such as the German railway plan (Deutschlandtakt), local transport concepts)
- Innovative mobility concepts (such as self-driving vehicles, alternative driving concepts, car-sharing models, urban and last-mile logistics)
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The German Act on Corporate Due Diligence Obligations in Supply Chains (Lieferkettensorgfaltspflichtengesetz, LkSG; aka the Supply Chain Act) became applicable for companies in Germany with more than 1,000 employees as of 1 January 2024. Implementing this Act in real-life business scenarios is complicated. It requires time and human resources, who ideally are equipped with appropriate know-how.
All company divisions are affected by the implementation of such due diligence measures, which involve a number of steps ranging from the (initial) determination of responsibilities and specialised persons in charge to (annual) reporting obligations. The Act is an initial step towards dealing with the risks and their impact on company results and the corporate environment in a systematic and strategic manner. The EU Corporate Sustainability Due Diligence Directive (CSDDD) will further intensify this process in the near future.
Main areas of advice
- Corporate analyses in relation to the applicability of the LkSG
- Due diligence in terms of human rights and the environment along the supply chain
- Risk management systems (responsibilities, risk analyses, complaints systems, etc.)
- Reports and documentation related to fulfilment of due diligence obligations
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There has been a steady increase in the need and demand to use sustainable energy sources. The market should be able to rely on the fact that an energy source proffered to be sustainable does indeed provide energy that is sustainable and classified as progressive and that the assumptions underlying the calculations hold true.
For this reason, the European Union and the German Federal government increasingly expect verification in the form of certificates for sustainable energy sources (electricity, gas, heat, refrigeration) in order to ensure transparency and unambiguity. These certificates are independent commodities which can be traded across borders or sold on trading platforms.
Main areas of advice
- Guarantees of origin (Herkunftsnachweise, HKN) (electricity, gas, heat, refrigeration) and green energy certificates
- CO2 certificates
- Biogas certificates and Biogas Register
- Green Hydrogen certificates
- Carbon farming certificates
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The S in ESG
The "S" in ESG: learn more about our activities in the Social area
The social sustainability aspect includes companies’ social responsibility (CSR) towards its employees, clients and society in general. Questions regarding labour conditions and employee rights, diversity and inclusion in the workplace, occupational health and safety standards and the impact on local businesses must be addressed along with business and HR strategies.
Unlike in the case of the "E" in ESG, the European Union was unable to agree on a social taxonomy regulation for sustainable activities; however, the European Sustainability Reporting Standards (ESRS) contain the initial requirements that need to be fulfilled for sustainability reporting from 2024. In addition, a company’s reputation and attractiveness as an employer are the most important strategic drivers in an ever intensifying competition for specialists and managers. This motivates companies such as yours to create appropriate legal frameworks for sustainable working models, remuneration systems, and protection schemes. We support you in this matter with our specialised advice and practical solutions.
Our experts specialise in the following topics in the area of social sustainability:
New work means the changes in the world of work that have come about due to digitalisation and the changing needs of new generations. Sustainable working time models promote diversity, equal opportunities, fair company culture and the mental health of employees. Flexible working hours and mobile working are key elements which must be actively managed by companies. In times where there is a shortage of skilled workers, new work is a deciding factor for employee retention and innovative capabilities.
Main areas of advice
- Diversity, inclusion, gender equality, equal careers
- Mental health
- Flexible working hours arrangements, remote work within Germany and abroad
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Sustainable payment models (new pay) combine performance based pay with ethical standards and thus promote social sustainability and long-term employee retention. Transparent systems such as equal pay and employee share programmes strengthen company culture. As a result, companies increase employee satisfaction and ensure long-term retention. Managers lead by example with appropriate incentive schemes and sustainably implement business strategies.
Main areas of advice
- ESG criteria for remuneration and remuneration strategies
- Performance agreements (management and managers)
- Equal pay (remuneration systems for non-pay-scale employees)
- Occupational pension schemes
- Employee participation programmes (equity or stock option plans)
- Corporate living (as part of employee retention measures)
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Sustainable protection schemes combine health promotion, anti-discrimination policies and agreements to support inclusion in order to achieve a respectful and equal working environment. These measures protect employees from risks and discrimination and actively promote inclusion. Secure reporting channels for whistleblowers are vital to ensure a transparent and secure working environment. All of this actively promotes diversity and inclusion (D&I).
Main areas of advice
- Health protection
- Protection against discrimination (diversity)
- Agreement to support inclusion
- Whistleblower protection system
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The use of technology and AI combines opportunities and challenges whilst becoming increasingly more significant for companies. Transparent, legally compliant AI applications are vital to adhere to ethical standards and avoid discrimination. Proactive (collective) works agreements enable advancements that conform to codetermination and at the same time ensure the competitiveness of companies.
Main areas of advice
- Use of AI in employment contracts
- Performance and conduct monitoring
- IT and AI committees
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Effective conflict management is essential for a productive working environment. It proactively recognises and solves conflicts in order to reduce tension and promote a positive company culture. Introducing suitable mechanisms may ensure that conflict can be constructively overcome, which allows companies to improve their working atmosphere and cooperation. Negotiations with social partners (Works Councils, Staff Councils and trade unions) must be cooperative and sustainable, and have a positive effect on human cooperation within companies.
Main areas of advice
- Negotiation and communication training for managers
- Moderation and mediation between business and social partners
- Set-up and introduction of conflict management systems
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The G in ESG
Take advantage of our expertise in the area of governance
The principles of responsible corporate governance oblige companies to take relevant sustainability aspects into account and report on these. Both the risks for the company itself as well as the effects on the environment must be included. These criteria form the basis for sustainable, responsible corporate governance: an internal company system of rules, guidelines and processes which is able to actually achieve the company's sustainability objectives and ensure appropriate reporting.
More and more requirements and standards for good, sustainable corporate governance are being stipulated by the legislature and case law. Furthermore, various industries and private initiatives are developing parameters to be applied to good, sustainable corporate governance. Investors and business partners in turn must check to what extent corporate governance is aligned with the ESG objectives and in doing so determine their own assessment criteria. We can assist you with designing your governance to be ESG-compliant and legally certain.
Our experts can offer you practical advice and solutions on the following governance topics:
Significant risks may arise for companies and their management if the ever increasing ESG requirements are not met. However, navigating the jungle of existing regulations is challenging. Therefore, regular risk inventories should be carried out taking into account sector and company specific requirements as part of an ESG risk assessment. This will identify the regulatory framework applicable to the respective company and assess the current situation. A specific ESG risk profile is created on this basis from which specific recommendations for action can be derived.
A sound ESG risk analysis is not just necessary for existing companies but is also useful for planned mergers & acquisitions. This can only be appropriately taken into consideration during the process of the transaction if potential problems in the target firm are detected as early as possible.
Main areas of advice
- Identifying ESG areas significant to the company
- Analysing the company's situation with regard to adherence to statutory and regulatory requirements (ESG Red Flag Report)
- Carrying out ESG due diligence as part of M&A transactions.
- Taking ESG criteria into consideration while drafting sales and joint venture agreements
- Supporting post-merger integration in relation to ESG structures
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Numerous obligations arise for companies from all ESG elements which may result in liability risks for company management. Infringement of ESG related obligations may result in serious fines and/or claims for damages for management and supervisory boards.
In order to avoid these liability risks it is essential for corporate governance to set up a suitable control and risk management system which takes all ESG related risks into account. However, ESG requirements must also be taken into consideration in business decisions made by management and supervisory boards, which is particularly in conflict with the concept of the business judgement rule. All members of corporate bodies are recommended to establish sound ESG knowledge in order to meet these new requirements.
Main areas of advice
- Enhancing the compliance management system taking ESG due diligence by companies and corporate bodies into consideration
- Adhering to ESG requirements for management contracts and supervisory board mandates
- Making declarations of compliance with the German Corporate Governance Code
- Creating sustainability and ESG committees of the supervisory boards
- ESG features in municipal companies
- Sustainability obligations at the time of insolvency proceedings and their relevance for the insolvency administrator
- ESG legal action
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Many companies are obliged to provide a sustainability report with their annual financial statement due to EU requirements. This report should contain the risks to the company itself along with the company’s impact on the environment.
Companies obligated to prepare a report should clarify how they intend to organise and manage their sustainability strategy in the future, including in light of increasing regulations such as the German Supply Chain Act (LkSG), climate protection laws, German Energy Act (EnWG), German Buildings Energy Act (GEG) etc.
Main areas of advice
- Verification, monitoring and reporting obligations, particularly related to the Corporate Sustainability Reporting Directive (EU Corporate Sustainability Due Diligence Directive)
- Supply Chain Act (LkSG)
- Non-Financial Reporting Directive (NFRD)
- Sanctions/Foreign trade law
- German Sustainability Code
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New forms of company ownership are becoming increasingly important in legal policy discussions. Many companies are already implementing alternative ownership structures through company law or foundation law models such as "responsible ownership" and "steward ownership". These approaches promote a sustainable and value-oriented economy and offer innovative solutions for future-proof company succession.
These concepts offer additional structuring options with regard to company succession.
Main areas of advice
- Implementing alternative company ownership structures (such as the veto share model, the foundation model and non-exit orientated start-ups)
- Transitioning companies to responsible ownership
- Financing companies with responsible ownership
- Securing company succession by converting to responsible ownership
- Transferring capital market transactions to a sustainable company format
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Achieving sustainability objectives often involves high costs, which cannot always be honoured and settled by buyers and consumers. Sustainability objectives may therefore frequently only be achieved through cooperation between companies that are in competition with each other.
Competition law specifies the framework for such cooperation. Sustainable cooperation must be implemented in such a way that there are no remaining competition law risks which could threaten the success of the cooperation.
Main areas of advice
- Compliance in terms of competition law in sustainability initiatives and sustainability cooperation
- Developing implementation options for sustainable cooperation between competitors that are not harmful from a competition law point of view
- Obtaining approvals for sustainable cooperation from the German Federal Cartel Office/the European Commission and foreign Cartel Offices, if required
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Sustainable Finance
Our expertise for a sustainable financial sector
The European Union has identified the transformation of the financial market sector as the key instrument to achieving its climate objectives. On the one hand, the shift towards better sustainability requires massive global investment; on the other hand, financial products such as stocks, shares and debentures need to become greener.
To this end, the EU has adopted a comprehensive, sustainable finance policy to define and regulate financial market products. The aim is to channel the flow of capital into sustainable projects and increase the transparency of financial instruments. Financial institutions are required to abide by more stringent regulatory provisions and adapt their internal processes and risk analyses. This renders the structuring of sustainable investments and ESG-compliant financial instruments, such as green bonds or green loans, all the more complex. Maintain a clear view and let us advise you.
Our experts look forward to your enquiries on the following sustainable finance topics:
Rapidly progressing EU Green Deal regulation in the area of sustainable finance makes it clear that companies must take ESG factors into account in the long-term for a successful business. In fact, disregarding the applicable regulatory requirements poses great liability risks and damage to their reputation, in particular for capital market participants. An expert summary of all things ESG is therefore of key importance.
Capital market compliance covers investor protection and the integrity of the capital markets. In conjunction with ESG it relates to increased transparency requirements. In addition, ESG related obligations also cover requirements for corporate governance and services offered by the company.
The customer must be asked, for example, for their sustainability preferences when providing investment advice and asset management, which in turn must be included in the suitability test. In order to meet the needs expressed by the customer, corresponding products and information regarding this are required from capital market participants.
On the whole, the ESG framework should channel investment flows in the direction of sustainability. Serious fines and claims for damages may result in the event of infringements. In view of these risks, ESG compliance will gain importance also in conjunction with M&A transactions and must therefore be considered within the scope of a proper due diligence assessment.
Main areas of advice
- ESG related compliance requirements and risk management
- Avoidance of and representation in the event of impending investment advice liability in conjunction with sustainability preference requests.
- Due diligence assessments for M&A transactions in relation to ESG
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ESG-compliant requirements must also be taken into account when designing financial instruments. This particularly relates to countering the danger of greenwashing and gaining a large number of investors in this manner.
A current example is the EU's European Green Bond Standard. Green bonds have been available since December 2024 and according to previous forecasts should further stimulate the already strengthened market for green bonds. Under the EU Taxonomy Regulation, bonds which correspond to this standard must fulfil specific conditions linked to environmental sustainability criteria. This should guarantee comparability and clarity and increase investors' trust in the recoverability of the investment.
There are also many opportunities available for sustainable financial instruments or those linked to sustainability features and to attract investors in this manner. For example, the sustainability standards developed by the ICMA can be considered here.
Main areas of advice
- EU's European Green Bond Standard
- Sustainability-linked bonds & loans
- Sustainable notes, derivatives, securitisations and structured products
- Launching and structuring of sustainability funds
- Advising on ESG ratings
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Impact investing aims to generate social and environmental impact alongside a financial return. Alternative investments, in particular investing in green funds, are particularly attractive in this context.
They enable both targeted and financial returns as well as sustainable effects via traditional asset classes, exactly in accordance with investors' requirements.
Main areas of advice
- Structuring green funds in accordance with all ESG-compliant requirements
- Assistance with traversing the regulatory jungle of ESG related regulations in the German Capital Investment Act (KAGB), the Sustainable Finance Disclosure Regulation (SFDR), the EU Taxonomy Regulation and the Corporate Sustainability Reporting Directive (CSRD)
- Drafting entire set of agreements as well as systematic overviews of all reporting obligations (including templates of report formats)
- Avoiding greenwashing allegations
- Advising on the possibilities of intervention and rights regarding assessments by the German Financial Supervisory Authority (BaFin)
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Financial service providers must fulfil numerous regulatory requirements which demand effective, close-knit risk management. This not only involves keeping social and environmental risks away from their own business. They are also responsible for how their business activities will have an effect on social and environmental aspects.
ESG regulations influence the capital requirements of banks, the process of banking supervision and disclosure obligations, among others. Financial services provision is also facing new requirements, such as requesting sustainability preferences when providing investment advice. These requests may take place digitally and also cover product-specific requirements, such as the sale of ELTIF funds.
Furthermore, new types of financial service providers may arise in view of ESG standards, such as ESG ratings providers, which are subject to their own regulatory framework. These new actors contribute to the comprehensive implementation of ESG requirements in the financial sector.
Main areas of advice
- Influence of ESG risks on equity capital requirements, integrating ESG aspects into calculating credit risk
- Effective risk management strategies taking ESG risks into account
- German Financial Supervisory Authority (BaFin) requirements regarding integrating ESG concerns into the minimum requirements of risk management (MaRisk)
- Advising on enhanced disclosure obligations in accordance with Art. 449a CRR (Capital Requirements Regulation)
- ESG requirements for financial services provision regulated by the MiFID directive, sustainability preference requests
- Requirements when selling ELTIFs
- Requirements under the ESG ratings provider regulation
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Financing social and sustainable companies comes with its own particular challenges. This stretches from knowledge of the relevant ecosystem and intermediaries to corporate law structuring and raising equity, debt or mezzanine capital. Follow-on financing and exits also require a precise understanding of the specifics that accompany sustainable enterprise and long-term financing.
Topics such as non-profit status, responsible ownership and non-exit orientated start-ups (NEOS) play a key role here. The changes made by ESG standards also open up new opportunities to effectively finance sustainable business models and make them successful in the long-term.
Main areas of advice
- Structuring social and sustainable companies in accordance with corporate and fiscal law
- Company formation, Articles of Association and shareholder agreements to implement innovative sustainable company formats
- Debt capital financing for social and sustainable companies
- Raising equity or mezzanine capital on private and public capital markets
- Conversions and corporate transactions
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Sustainability Claims
Protect your company against loss of reputation and claims for damages
The shift towards a sustainable world suitable for future generations is no longer a matter of societal pressure alone; instead, it is increasingly based on binding national and international regulations. These regulations leave room for interpretation in many cases. Furthermore, the interdisciplinary ESG concept increasingly requires the involvement of authorities and courts.
Companies who do not honour their sustainability promises and breach the ESG regulatory framework risk causing significant damage to their reputation. At the same time, actual claims for liability and damages pose a significant threat. These may be initiated or claimed by a number of relatively new actors, particularly in the form of class actions. Let us review whether your sustainability claims conform with current ESG standards. We can support you with secure and transparent communication.
Our experts can provide you with advice on the following topics in the area of sustainability claims:
The increasing transparency requirements under the banner of sustainable finance mean that a comprehensive sustainability report must be drawn up by companies. In the financial services sector many obligations to provide information apply. These originate from the EU Transparency Directive as well as the Corporate Sustainability Reporting Directive (CSRD), which will extend to the Non-Financial Reporting Directive (NFRD) from 2025. In addition, the EU Taxonomy Regulation sets out uniform criteria for assessing sustainability.
In the event of breaches in the area of compiling company reports, serious fines may result on the basis of sections 331, 334 of the German Commercial Code (Handelsgesetzbuch, HGB) which may be as high as up to ten million Euro or five per cent of the total annual turnover. In addition, there may also be claims for damages which may be personally filed against those responsible for the reports.
Apart from that, the provisions for ad-hoc publicity as well as insider trading must be kept in sight on the grounds of the ever increasing importance of ESG factors for investment decisions on the capital market. Breaches are also punishable by criminal penalties or fines and may form the basis for claims for damages.
Main areas of advice
- Requirements for creating sustainability reports
- Representation in the event of penalty proceedings and proceedings for damages
- Ad-hoc publicity and insider trading
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The starting point is the generally prevalent high level of environmental awareness. Using green claims continues to be very popular both within classical product advertising as well as when applying for capital investment products. There are, however, high legal requirements for advertisements that include environmental claims and environmental certificates.
Non-compliance with these rules is regularly monitored primarily by qualified institutions such as consumer protection associations. The consequences are expensive cease-and-desist proceedings, interim injunctions or even lengthy legal proceedings. The most serious economic losses currently result however from the damage to the image of the company advertising their environmental claims.
The EU has initiated two Directives which in the future will not only apply stricter criteria for advertising with green claims but will also impose stricter sanctions for breaches of these provisions. These may result in administrative fines of up to four per cent of the annual turnover as well as temporary suspension from public procurement procedures.
Main areas of advice
- Legal requirements under the German Unfair Competition Act (UWG) for advertising with: green claims such as "climate neutral" or "carbon neutral", Environmental certificates
- SFDR breach as basis for alleged greenwashing
- New EU law: Empowering Consumers Directive (EU - 2024/825), which must be implemented into national law by member states by 27 March 2026 and come into force on 27 September 2026, Green Claims Directive draft (2023/0085)
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The right to equal pay for work of equal value without discrimination due to gender was not of practical relevance for many years. This has abruptly changed as the result of new case law. Corresponding claims for adjustments to remuneration due to pay-related gender discrimination (gender pay gap) will be one focus in future employment law disputes. The court must be convinced that there is no overwhelming probability for causality between the lower remuneration and the employee's gender (section 286 German Civil Procedure Rules (ZPO)).
A successful pay-related gender discrimination claim has significant financial consequences for the employer as the remuneration adjustment does not just apply to the future but also retroactively for up to three years. In addition, the employer's reputation may be damaged as a result of a gender discrimination claim being upheld by the court. Therefore, professionally dealing with the topic of equal pay must be at the top of the agenda for HR departments.
Main areas of advice
- Avoiding legal action by developing and introducing gender-neutral, transparent payment models
- Providing advice on documentation and the relevance of gender-neutral criteria for differences in pay with regard to any legal action
- Defending pay-related gender discrimination claims across Germany
Your contacts
The need for legal certainty in the area of supply chains may arise on account of individual measures (such as searches or confiscation) or commencing penalty proceedings due to legal action with the German Office for Economic Affairs and Export Control (BAFA). Another reason for (preventative) legal certainty may be competition law incidents (entries in the Competition Register) or legal action regarding public procurement (review procedures for excluded tenderers).
As the responsible body for monitoring and enforcing the LkSG, the broad powers of the BAFA will also not change for the CSDDD which as an EU Directive must be implemented in Germany. In accordance with the Directive, the member states must appoint a supervisory authority - which presumably will be the BAFA. A parallel European network of supervisory authorities will also be built. Naming and shaming will be an additional monitoring and enforcement measure. Civil law liability with the expressly standardised liability rules under the CSDDD in relation of the LkSG will result in a tightening of the requirements, but they will also be more precise.
Main areas of advice
- Preventative action for legal certainty: support with setting up an adequate monitoring and risk management system
- Ensuring suppliers adhere to the requirements of the CSDDD/the LkSG for German companies who are obligated to prepare a report
- Mirroring and monitoring the BAFA's control framework and the European network of supervisory authorities
- Avoiding/resolving disputes, conflict management, enforcing disputed administrative proceedings and supporting legal proceedings (litigation PR)
- Monitoring and training on tasks and changes, final adjustments to content
