The European Corporate Sustainability Due Diligence Directive – Update

United Kingdom

On 23 February 2022, the European Commission published its proposal for a Directive on corporate sustainability due diligence, which aims to foster sustainable and responsible corporate behaviour throughout global value chains. The proposed Directive 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. Although the proposed Directive does not specifically target life sciences or healthcare companies, for those in-scope, it will significantly change the approach they must take to their supply chains, and their accountability for them. It will also affect those that operate in the supply chains of in-scope companies.

The Directive has yet to be agreed between the European Council and the European Parliament, who have adopted different positions on important issues. This update, part of our Healthy Horizons guide to doing business responsibly in Life Sciences & Healthcare, identifies at a high level some of the key areas – like scope, directors’ duties and the basis for civil liability – that will be the subject of negotiation between the Commission, the EU Parliament and the Council as they move forward to agree the final text of the Directive.

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