Environmental, Social and Governance (ESG)

Climate change and sustainability are set to be defining issues of this decade. CMS is committed to addressing our own impact on the environment and approach to sustainability, as well as advising clients with their related legal needs.

The shift to a sustainable energy sector and the decarbonisation of existing energy systems, agrowing market for sustainable investments, increased focus on ESG criteria in urban planning, tax reforms and sustainability incentives to reach climate goals – these are just a few of the developments that are shaping the business environment.

Our teams are helping clients to navigate this rapidly evolving legal and regulatory landscape and advising on first-of-their-kind deals.
 

To find out how CMS can support you and your business with ESG click here >>

Recent Articles

  •  
    27.09.2023
    Europe

    The European Commission launches a consultation on the implementation of SFDR

    BackgroundThe European Union’s (the EU) Sustainable Finance Disclosures Regulation (SFDR) came into force in March 2021 and has kept the industry busy (and sometimes frustrated) since then with myriad updates and guidance.This landmark regime was designed as a transparency regulation, setting detailed disclosure requirements for financial market participants,  financial advisers and financial products in relation to sustainability issues. However, the widespread market sentiment is that SFDR is not functioning as intended for many reasons.Consequently, as SFDR approaches its third anniversary,...
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    27.09.2023
    United Kingdom

    Climate activism and protected beliefs

    Climate activism is not a new issue. But for some employers it is becoming a new workplace issue. Employers, like politicians, would prefer to bring people with them on their climate change journey, rather than impose emission reducing measures without consent. But the reality is there will always be diverging views on the pace of change in respect of achieving net zero and other climate change issues. How should an employer who is committed to tackling climate change deal with challenge to their approach from activist employees, or at the other end of the spectrum, climate sceptics?This...
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  •  
    27.09.2023
    Europe

    The European Corporate Sustainability Due Diligence Directive (CSDDD) – Where are we?

    What is CSDDD?On 23 February 2022, the European Commission published its proposal for a Directive on corporate sustainability due diligence (the “Proposal”), which aims to foster sustainable and responsible corporate behaviour throughout global value chains. The Proposal requires in-scope companies to identify, and, where necessary, prevent, mitigate or end, any actual or potential adverse impacts that their operations, and the operations of entities in their extended supply chains, have on human rights and the environment. This is in addition to the reporting obligations that currently...
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    21.09.2023
    Switzerland

    Biodiversity: now a topic for companies

    DE
    Biodiversity: the variety of lifeThe term biodiversity, also known as species diversity, is understood to mean a richness of animals, plants, fungi and microorganisms. The term also encompasses the genetic diversity within the different species, the diversity of ecosystems and the interactions within and between these levels. Generally speaking, biodiversity describes the variety of life.Functions of biodiversity and the problem of its lossThe diverse nature of the term biodiversity already suggests that its functions are extraordinarily comprehensive. Biodiversity ensures the functioning of all...
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  •  
    05.09.2023
    Germany

    Current German case law on the term “climate neutral” (klimaneutral) and related claims, such as “en­vir­on­ment­ally neutral” (umweltneutral)

    Climate neutral – or not? The delicate use of the term “climate neutral” in advertising.In ongoing debates in society, business, politics and science around the – extremely relevant – topic of climate protection, the term “climate neutrality”, among other things, is referred to on a regular basis. In the future everything should, where possible, – or at least according to the wishes and ideas of politicians – be carried out, produced, offered and disposed of in a climate neutral way.On the legislative side, ambitious targets are being set in...
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  •  
    05.09.2023
    International

    Deep sea mining: navigating in murky waters

    On 9 July 2023, the latest deadline for finalising the draft exploitation regulations for deep sea mining in international waters expired without agreement.1 This deadline resulted from a letter from the pacific state of Nauru in 2021 stating an intention to apply for approval of a ‘plan of work’ for exploitation of deep sea minerals. The letter triggered a sub-clause within the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, (“the 1994 Implementing Agreement”) which gave the International...
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