Social Management
by Murat Bilgehan Tuztaş
The European Union (EU) has embarked on a significant journey towards promoting corporate accountability for social and environmental impacts, leading to the development of the Corporate Sustainability Due Diligence Directive. This directive, evolving from initial voluntary corporate social responsibility (CSR) initiatives, reflects a growing recognition of the imperative for corporations to address their social and environmental responsibilities through mandatory due diligence requirements. It represents a commendable acknowledgment of the need for more robust regulatory frameworks to drive meaningful change in corporate behavior.
The key components of the directive, encompassing due diligence requirements, transparency, and enforcement mechanisms, demonstrate a comprehensive approach to holding companies accountable for their impacts. By applying to large companies operating within the EU and their subsidiaries and suppliers, the directive aims to address systemic issues across various sectors. However, recent adjustments to thresholds, such as raising the minimum employee and turnover criteria and exclusions of high risk sectors, raise questions about its effectiveness in capturing a broader range of businesses and ensuring comprehensive oversight.
The directive’s history, timeline, and challenges underscore the complexities associated with its implementation. The European Parliament’s call for legislation in April 2021 marked a significant step towards a more robust regulatory framework. The subsequent proposal by the European Commission in April 2022 outlines obligations for businesses to conduct due diligence and address adverse impacts on human rights, the environment, and good governance. The phased implementation timeline, stretching from late 2026 to early 2030, presents logistical hurdles and resource constraints, particularly for smaller enterprises. Challenges include navigating implementation complexities, ensuring adequate resources, establishing effective enforcement mechanisms, engaging stakeholders, and aligning with global standards.
Under the EU CSDDD, companies are required to integrate due diligence into their policies and risk management systems, consulting with workers and representatives to develop a due diligence policy. They must identify, assess, and prioritize adverse human rights and environmental impacts, taking measures to prevent, mitigate, and remediate them. Meaningful stakeholder engagement, notification mechanisms, and complaints procedures are also essential, alongside monitoring, and public communication of due diligence efforts. Furthermore, companies must extend these obligations to their own operations, subsidiaries, and business partners throughout their supply chain, encompassing upstream and downstream activities related to production, distribution, and storage of goods and services, with specific exclusions for certain downstream activities and products.
Addressing these challenges is crucial for the successful execution of the directive. Robust enforcement mechanisms with clear penalties for non-compliance are essential to maintain its integrity. Sustained engagement with stakeholders, including businesses, civil society organizations, and affected communities, is vital to address concerns, foster collaboration, and refine implementation strategies. Furthermore, global alignment with international standards and cooperation with non-EU countries are necessary to tackle cross-border supply chain challenges and ensure the directive’s effectiveness on a global scale.
Looking ahead, several considerations merit attention as the directive moves towards adoption and implementation. Stakeholder engagement and collaboration will be critical in navigating the complexities of supply chains and ensuring effective due diligence practices. Ongoing monitoring and evaluation mechanisms are essential to assess the directive’s effectiveness and address emerging challenges. Additionally, the directive’s global influence underscores the importance of aligning with international standards and fostering cross-border cooperation to address transnational sustainability challenges effectively.
In conclusion, the EU’s Corporate Sustainability Due Diligence Directive represents a admirable effort to promote corporate accountability and advance sustainability goals. However, critical scrutiny reveals potential challenges and areas for improvement in ensuring its efficacy. By addressing these concerns and fostering stakeholder collaboration, the EU can realize the directive’s transformative potential and pave the way towards more responsible and sustainable business practices.
As a consulting firm specializing in the Corporate Sustainability Due Diligence Directive, Corpera Consulting provides services to assist companies in developing strategies within the scope of the directive. We help companies integrate the requirements of the Corporate Sustainability Due Diligence Directive into their business practices and provide support for their implementation and reporting processes. Feel free to reach out to us for further assistance in this regard.
