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Corporate Sustainability

In July this year the Corporate Sustainability Due Diligence Directive ‘CSDDD or CS3D’ came into force. This is a European Union Directive which sets a corporate due diligence duty for larger companies concerning environmental and human rights transgressions.

CSDDD – Who it affects

The directive is applicable to EU and also to non- EU businesses depending on size (see below). The date set by which companies need to comply is staggered (up until the end of July 2029) depending on the size and turnover of the company. Importantly for all companies covered by this Directive is that it encompasses not only the business itself, but also its subsidiaries and the whole of its supply chain, globally.

The EU Commission outlines the following guidelines for those companies that need to comply:

Large EU limited liability companies & partnerships:

+/- 6,000 companies – >1000 employees and >EUR 450 million turnover (net) worldwide.

Large non–EU companies:

+/- 900 companies – > EUR 450 million turnover (net) in EU.

The Directive contains provisions to facilitate compliance and limit the burden on companies, both in scope and in the value chain.

Small and Medium-sized Enterprises (SMEs)

Micro companies and SMEs are not covered by the proposed rules. However, the Directive provides supporting and protective measures for SMEs, which could be indirectly affected as business partners in value chains.

Requirements for Compliance – Due Diligence

Each company affected by the Directive will have an obligation to undertake due diligence and make this part of the corporate strategy. The due diligence needs to take into consideration human rights, climate change, and the environmental impact of their actions and decisions – the findings of the due diligence will be made public.

Penalties for Non-compliance

For those businesses who fail to comply there will be financial penalties; potential exclusion from public tenders; and civil liability.

For more information about the Corporate Sustainability Due Diligence Directive see the European Union website –
Corporate sustainability due diligence – European Commission

For more information about how Page Group can assist with due diligence please do not hesitate to contact us.

 

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