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ESG – Environmental, social and governance

OUR LAWYERS HELP YOU IDENTIFY RISKS AND OPPORTUNITIES ARISING FROM THE INCREASING FOCUS ON ESG

Sustainability has many aspects. One of them is how businesses can contribute to a more sustainable world – an issue that is gaining ever greater importance. Companies are asking themselves how they can make their business practices more sustainable, not only because they believe it is the right thing to do, but also because of new statutory requirements. Customers, investors and business partners across all sectors are calling for a tangible commitment to more sustainable ways of doing business. For job applicants, a commitment to sustainability is fast becoming a deal breaker. Entire business models in various industries are being transformed to deliver greater sustainability.

What role does the law play in sustainable business operations? In recent years, law has been recognised as a "tool" for making sustainability a reality. By parliaments, but also by companies themselves. Anyone who wishes to make their business sustainable soon discovers that from a legal viewpoint, we are still a long way from exhausting all the options. This trend is often referred to as "juridification".

CMS helps clients in a number of ways to use the law effectively as part of their sustainability strategy and challenges, to reduce risk and comply with new regulatory requirements. As a full-service law firm, we have relevant expertise in all the legal aspects of sustainable business practices. To better serve you, we have brought this knowledge together in a practice group consisting of specialists from a number of legal fields.

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Environment & Climate Change
Environment & Climate Change
In recent years the awareness of society, companies and politics for climate change and its harmful effects and economic consequences has increased st
Governance & Risk Compliance
Governance & Risk Compliance
In 2018, the European Commission published the Action Plan "Financing Sustainable Growth". Since then, sustainability has also been a central theme in
Social / Human Rights
Social / Human Rights
Procurement and employment play a key role in positioning a company on a sustainable basis. While employment requires working towards sustainable work
Sustainable Finance
Sustainable Finance
In December 2019 the European Commission presented the European Green Deal. Herein the European Union stated it would become the first climate-neutral

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11/05/2022
SF­DR’s Prin­cip­al Ad­verse Im­pacts In­dic­at­ors on course to change
The European Com­mis­sion has giv­en the European Su­per­vis­ory Au­thor­it­ies (“ES­As”) a man­date to re­view the SF­DR Del­eg­ated Reg­u­la­tion in­dic­at­ors for prin­cip­al ad­verse im­pact and the fin­an­cial product...
11/05/2022
SF­DR con­tin­ues to evolve: more gran­u­lar dis­clos­ures to be pro­posed on in­vest­ments’...
Fin­an­cial products with ex­pos­ures in fossil gas and nuc­le­ar en­ergy are likely to have more gran­u­lar re­port­ing re­quire­ments un­der the Sus­tain­able Fin­ance Dis­clos­ure Reg­u­la­tion (“SF­DR”). The European...
25/04/2022
Com­mis­sion's pub­lic con­sulta­tion on the re­vi­sion of the Air Ser­vices Reg­u­la­tion
On 3 March 2022, the European Com­mis­sion launched a pub­lic con­sulta­tion for the re­vi­sion of the Air Ser­vices Reg­u­la­tion. Un­til 26 May 2022, any in­ter­ested per­son is in­vited to sub­mit com­ments on the prob­lems...
14/04/2022
Draft GCGC 2022 has a strong fo­cus on sus­tain­ab­il­ity
On 21 Janu­ary 2022, the Gov­ern­ment Com­mis­sion Ger­man Cor­por­ate Gov­ernance Code ad­op­ted the draft Ger­man Cor­por­ate Gov­ernance Code 2022 (GCGC 2022-E). The dead­line for com­ments ex­pires on 11 March 2022...
12/04/2022
EU Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence Dir­ect­ive calls for more strin­gent...
The planned dir­ect­ive on cor­por­ate due di­li­gence is much more far-reach­ing than the Ger­man Sup­ply Chain Due Di­li­gence Act (Sup­ply Chain Act). On 23 Feb­ru­ary 2022, the European Com­mis­sion pub­lished its...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
07/04/2022
The European Green Deal in ac­tion: sig­ni­fic­ant new cir­cu­lar eco­nomy meas­ures...
On 30 March 2022, the European Com­mis­sion (“EC”) presen­ted a pack­age of meas­ures in­ten­ded to make sus­tain­able products the norm in the EU, fa­cil­it­ate cir­cu­lar busi­ness mod­els and em­power con­sumers...
04/04/2022
CMS Ger­many strengthens com­mit­ment to sus­tain­ab­il­ity
Ber­lin – Sus­tain­ab­il­ity is of key im­port­ance for in­ter­na­tion­al com­mer­cial law firm CMS Ger­many, both in­tern­ally and in the ser­vices it provides to cli­ents. Ac­cord­ingly, it has now strengthened its com­mit­ment...
11/03/2022
EU Opin­ion on the Pro­posed Product Safety Reg­u­la­tion
The European Com­mis­sion has put for­ward a pro­pos­al for a new re­freshed Reg­u­la­tion on product safety in line with the New Con­sumer Agenda (the “Pro­posed Reg­u­la­tion”). If passed in its cur­rent form...
01/03/2022
Pro­posed man­dat­ory cor­por­ate sus­tain­ab­il­ity due di­li­gence re­quire­ments...
On 23 Feb­ru­ary 2022, the European Com­mis­sion ad­op­ted a long-awaited pro­pos­al for a Dir­ect­ive on cor­por­ate sus­tain­ab­il­ity due di­li­gence for widely-defined spe­cified “com­pan­ies”. The pro­pos­als are wide...
24/02/2022
The European Com­mis­sion has en­dorsed its new Cli­mate, En­ergy and En­vir­on­ment­al...
The European Com­mis­sion’s re­vised Guidelines on state aid for cli­mate, en­vir­on­ment­al pro­tec­tion and en­ergy (« CEEAG ») have been en­dorsed on 27 Janu­ary 2022. The CEEAG re­place the Guidelines on...
17/02/2022
Sig­ni­fic­ant Con­sulta­tion on pro­posed re­vi­sions to REACH
Un­til 15 April 2022, the European Com­mis­sion (“EC”) is con­sult­ing on pro­posed re­vi­sions of REACH, (Reg­u­la­tion (EC) No 1907/2006 as amended), the corner­stone of EU chem­ic­als reg­u­la­tion. REACH aims...