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Corporate Sustainability Due Diligence Directive

Corporate Sustainability Due Diligence Directive (CSDDD or CS3D) IAS TOPPERS

Corporate Sustainability Due Diligence Directive (CSDDD) adopted by the EU aims to foster sustainable corporate behaviour and integrate human rights and environmental considerations into business operations.

Corporate Sustainability Due Diligence Directive
[ref- business-humanrights]

About CSDDD/ CS3D:

  • The aim of this Directive is to foster sustainable and responsible corporate behaviour and to anchor human rights and environmental considerations in companies’ operations and corporate governance.
  • The new rules will ensure that businesses address adverse impacts of their actions, including in their value chains inside and outside Europe.
  • It establishes legal liability for corporations regarding environmental and human rights issues within European courts.

Key Components of CSDDD:

  • Legal Liability: Corporates are now legally liable for their impact on human rights and the environment.
  • Scope of Application: The directive applies not only to EU companies but also to large non-EU companies operating within the EU.

Corporate Due Diligence Duty:

  • The primary elements of this obligation include identifying, ceasing, preventing, mitigating, and being accountable for adverse human rights and environmental effects within the company’s operations, subsidiaries, and value chains.
  • Additionally, certain large companies are required to develop plans ensuring that their business strategies align with limiting global warming to 1.5°C as per the Paris Agreement.

Directors’ Responsibilities:

  • Implement and oversee due diligence processes.
  • Integrate due diligence into corporate strategies.
  • Consider the human rights, environmental, and climate implications in decision-making processes.

Coverage under this regulation:

  • EU companies and parent companies with more than 1000 employees and a worldwide turnover exceeding 450 million euros.
  • Non-EU companies, parent companies, and companies with franchising or licensing agreements in the EU that meet the same turnover thresholds within the EU will also be subject to the regulation.
  • Penalties for violations may include “naming and shaming” as well as fines of up to 5% of the company’s net worldwide turnover.

Benefits of the Directive

For Citizens:

  • Enhanced protection of human rights and labor rights.
  • Promotion of a healthier environment for current and future generations.
  • Increased trust in business practices.
  • Greater transparency, enabling informed consumer choices.
  • Improved access to justice for victims of corporate misconduct.

For Companies:

  • A harmonized legal framework across the EU, ensuring legal certainty and a level playing field.
  • Enhanced trust from customers and commitment from employees.
  • Increased awareness of negative impacts related to the environment and human rights.
  • Improved risk management and adaptability to environmental challenges.
  • Attraction of talent and sustainability-oriented investors.
  • Fostered innovation and better access to finance.

For Developing Countries:

  • Strengthened protection of human rights and environmental standards.
  • Heightened awareness among stakeholders regarding sustainability issues.
  • Encouragement of sustainable investment practices.
  • Adoption of international sustainability standards.
  • Improved living conditions and sustainable development.

Concerns:

  • Concerns related to CS3D include the challenges it poses for companies from developing and underdeveloped countries.
  • These companies may need to invest additional resources to ensure compliance with the regulation.

Ref:Source

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