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Preparing for a new era of corporate responsibility

The Corporate Sustainability Due Diligence Directive (CS3D) introduces ground-breaking obligations for companies to tackle human rights and environmental challenges. We have conducted comprehensive analysis to uncover the implications of this directive for businesses and to guide them in navigating this new era of corporate sustainability due diligence.

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'True Diligence' uncovered the intricate challenges of complying with CS3D by surveying over 1,200 C-Suite executives from companies with a global turnover of at least €150 million, spanning various jurisdictions and sectors. 

The findings from this comprehensive analysis have shaped our dedicated CS3D sector and country reports. Each report offers valuable insights into the anticipated challenges and opportunities, sharing key findings from global business leaders to help your business.

 

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Explore our sector reports

Consumer

 
Consumer

The consumer and retail sector has experienced profound changes in recent years; driven by global megatrends such as the rapid rise of e-commerce, disruptive technologies, geopolitical conflicts, and the widespread impacts of the COVID-19 pandemic and the resulting supply chain instability. Amidst this volatility, organisations faced the critical challenge of delivering ‘business better than usual’ in an era increasingly defined by corporate responsibility.

Key findings include: 

  • 54% of C-Suite leads say their organisation measures the human rights impacts of their business operations.
  • 12% say their organisation has sought to identify slavery.
  • 41% of C-suite leaders in the consumer & retail sector say their organisation currently measures mismanagement of waste, including hazardous substances, in its due diligence processes.
 

 

Energy

 
Energy

Energy lawyers have been discussing sustainability, energy security and resilience with clients for the last two decades, but often these topics have not reached board level; or if they have, they were not considered as high priority or worthy on investment. Today, these issues have been elevated to the top of all organisations’ board agendas – from energy generators and energy consumers to distributors and suppliers.  

Key findings include: 

  • Just over a third of C-suite leaders in the energy sector (35%) say their organisation measures the environmental impacts of its business operations.
  • 16% say their organisation has sought to identify instances of modern slavery, and just 13% say it has sought to identify instances of human trafficking – the lowest among the sectors studied.

 

 

 

Insurance

 
Insurance

When considering the environmental and human rights impacts of the insurance sector, we have to look at it through two key lenses: the impact of an insurance firm’s actions and the indirect impacts of its customers’ actions.

Key findings include:

  • Half of C-suite leaders in the insurance sector (51%) say their organisation currently measures the environmental impacts of its business partners and investments, and 45% say it measures the impacts of its business operations.
  • Half of C-suite leaders in the insurance sector (51%) say their organisation measures the human rights impacts of its business operations.

 

Key People

Private Equity

 
Private Equity

Private equity plays an important part in Europe’s prosperity, fostering innovation, generating significant employment and driving economic growth through the development of their portfolio companies. However today, private equity firms are also expected to help protect the planet and safeguard human rights.

Key findings include:

  • Less than half of C-suite leaders in private equity firms (44%) say their organisation measures the environmental impacts of its business operations.
  • 49%) say their organisation measures the environmental impacts of its business partners and investments.
  • 28% say their organisation understands the application of CS3D to their business.

 

Real Estate

 
Real Estate

With its dual influence on the built environment and community wellbeing, the real estate sector is well positioned to tackle the intertwined challenges of safeguarding the environment, combatting climate change and respecting human rights. The introduction of the Corporate Sustainability Due Diligence Directive (CS3D) means business leaders cannot afford to ignore the escalating social demand and legal obligations for enhanced corporate responsibility.

Key findings include:

  • Less than half of C-suite leaders in the real estate sector (44%) say their organisation measures the environmental impacts of its business operations.
  • 56% of real estate leaders report that their organisation is measuring greenhouse gas (GHG) emissions across their value chain.
  • 66% say their organisation does not understand the application of CS3D to their business.
 

 

Transport & Logistics

 
Transport & Logistics

The transport and logistics sector is the backbone of global industry, essential for maintaining smooth business operations and driving economic growth. In recent years, the sector has had to navigate an array of challenges, from the COVID-19 pandemic, to rising fuel costs and persistent labour shortages. As the sector expands and global challenges continue to mount, the imperative for responsible and sustainable growth has never been greater. The introduction of the Corporate Sustainability Due Diligence Directive (CS3D) has significant implications for transport and logistics organisations due to their international scope and complex employment arrangements.

Key findings include:

  • Half of transport & logistics leaders (50%) say their organisation measures the environmental impacts of its business operations - above average across the other sectors surveyed.
  • Two thirds of organisations say they currently measure greenhouse gas emissions across their value chain - but just 36% measure the degradation of land, marine and freshwater ecosystems.
  • Despite the inherent safety risks in the sector, just 57% of leaders say their organisation has sought to identify safe and healthy working conditions.

 

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Explore our country reports

France

 
France

France is a recognised leader in its efforts to address human rights and environmental due diligence, setting a precedent back in 2017 by enacting the Corporate Duty of Vigilance Law. This legislation was the cornerstone for developing the EU's Corporate Sustainability Due Diligence Directive (CS3D), aimed at fostering responsible corporate behaviour by establishing risk-based environmental and human rights due diligence.  

Key findings include: 

  • 66% of French C-Suite leaders say their organisation is aware of its environmental impacts, however less than half (48%) measure nature and biodiversity loss.
  • Nearly three-quarters (74%) of French C-Suite leaders recognise human rights as a significant issue.
  • 38% say their organisation has not developed an action plan for aligning human rights and social impacts with their business strategy.
 

 

Germany

 
Germany

Germany was one of the first movers in implementing due diligence regulation with the implementation of the German Supply Chain Due Diligence Act, Lieferkettengesetzes (LkSG), in January 2023. Transposing the forthcoming EU Corporate Sustainability Due Diligence Directive (CS3D) into related national legislation will pose challenges for each EU State. However, for Germany, it remains uncertain which parts of the LkSG will be amended or merged with the CS3D, to impose more extensive due diligence obligations across the wider supply chain.

Key findings include: 

  • Whilst 74% of German C-Suite leaders say their organisation is aware of human rights.
  • 40% say their organisation has not developed an action plan for mitigating and preventing adverse human rights.
  • 65% of German C-Suite leaders say their organisation's leadership team is not clear on the potential penalties for failing to comply with CS3D.

 

Italy

 
Italy

The Corporate Sustainability Due Diligence Directive (CS3D) will be the first extensive national legislation in Italy that ensures the identification, prevention and mitigation of adverse human rights and environmental impacts. To date, Italy’s action on supply chain due diligence has been largely aligned with EU directives and we expect this to continue with the implementation of CS3D, which will help to drive greater corporate responsibility across the country. 

Key findings include:

  • Almost three-quarters of Italian C-suite leaders in our study (73%) say the environment is embedded in their organisation’s core strategy.
  • 64% say human rights are embedded in their core strategy.
  • 53% say they have a climate transition plan.

 

Poland

 
Poland

In comparison to other European countries, Poland is still in the early stages of adopting ESG-related regulations. However, Polish businesses are starting to recognise the importance of ESG issues and are preparing for the upcoming revolution in this area. 

Key findings for businesses in the Polish market include:

  • 50% of C-suite leaders say their organisation measures the human rights impacts of its business operations, and 35% say it measures the impacts of its immediate suppliers.
  • 39% say their organisation measures the environmental impacts of its business operations, and 22% say it measures the impacts of its subsidiaries.
  • 56% believe most businesses will not comply with the CS3D by 2030.

 

Key People

Spain

 
Spain

In recent years, Spain has taken significant steps to enhance corporate accountability in respect of human rights and the environment, with new directives and regulation shaped by wider EU initiatives. The foundations for compliance with the Corporate Sustainability Due Diligence Directive (CS3D) have already been laid, so businesses must now ensure the pace of implementation accelerates.

Key findings include:

  • 44% of Spanish C-suite leaders say their organisation measures the environmental impacts of its business operations, and 24% say it measures the impact of its immediate suppliers
  • 51% of Spanish C-suite leaders say their organisation measures the human rights impacts of its business operations, and 32% say it measures the impacts of its immediate suppliers

 

Key People

UK

 
UK

UK businesses have a strong grounding in environmental and human rights due diligence, but the implementation of the Corporate Sustainability Due Diligence Directive (CS3D) will raise the bar and challenge them to think holistically about what it means to be a responsible business. 

Key findings include:

  • While 74% of UK C-Suite Leaders say their organisation is aware of human rights impacts, only a third measure the human rights impacts of their subsidiaries or their immediate suppliers
  • 60% of UK C-Suite Leaders say they do not understand how the scope of the CS3D extends beyond their organisation's operations.

 

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To unlock real change, we must embrace a holistic approach to due diligence. By pinpointing and addressing the areas of greatest risk to people and the planet within their value chain, leaders can cement the credibility of their commitment to ‘doing the right thing’.

Tracey Groves, Head of Sustainable Business & ESG Advisory Practice

How prepared is your business for CS3D?

Compliance with CS3D not only ensures legal adherence but also enhances a company's reputation, attracts socially conscious investors, and fosters long-term business sustainability.

Our complimentary CS3D self-assessment tool enables you to assess your preparedness for the key themes of the Directive.

Find out more about our CS3d Self-Assessment Tool

 
 

How we can help

Businesses need to take action now to prepare for the spotlight’s glare, reduce risk and implement robust strategy. Our team of leading multi-disciplinary consultants and legal advisors will help optimise the impact of your sustainable business strategy and enable risk mitigation actions to unlock business performance and long-term value creation. As trusted advisors, we offer independent assessments to business leaders on their end-to-end sustainable business strategy and can develop action plans to prevent and mitigate business impacts and optimise performance.

Has your business considered how the CS3D will apply to you, either directly or as part of the value chain of an entity within direct scope?  

Here are some key steps to help you prepare:

  1. Use DWF's complimentary bespoke CS3D digital tool to self-assess your readiness.
  2. Create a task force of your key internal stakeholders.
  3. Map your value chain with your subsidiaries and business partners.  
  4. Highlight the environmental, human and social value impacts of the requirements across your value chain.
  5. Identify what you are already doing.
  6. Undertake materiality assessments on environmental and human rights impacts.
  7. Design and implement your climate transition plan and prevention and remediation action plans to address the actual and potential adverse impacts identified. 

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Need help preparing for the new era of corporate responsibility?

Contact our experts today to help your business and read more about our Sustainable Business & ESG Practice.