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Publication 15 Jan 2026 · International

Biodiversity

2 min read

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In light of ongoing economic pressures and the dramatic decline in biodiversity, there is growing recognition that halting biodiversity loss is essential to achieving climate goals. Harmonized and binding measures to meet biodiversity targets have already been introduced through regulations. Consequently, companies must increasingly focus on preserving biological diversity and address this urgent challenge.

Why is it important to your business?

  • Biodiversity protection is evolving from a voluntary commitment into a legally binding obligation with far-reaching implications for corporate governance and strategy
  • Companies are subject to growing biodiversity obligations as legislators extend the European Green Deal framework and incorporate biodiversity protection into binding legal requirements
  • Furthermore, investor expectations, sustainability ratings, and other stakeholder demands are intensifying. Transparent biodiversity reporting and demonstrable progress are essential for securing financing and maintaining market access
  • Proactive biodiversity management not only mitigates legal and reputational risk but can also unlock commercial opportunities, from ESG-linked financing to competitive advantages in sustainable markets

Challenges and risks

  • Measurement and reporting gaps: Unlike climate metrics, biodiversity lacks universal standards, making consistent data gathering and impact assessment legally challenging
  • Complex supply chains: Identifying and mitigating biodiversity impacts and dependencies often require evaluating multiple tiers of suppliers, raising due diligence complexities
  • Regulatory pressure: The regulatory environment is becoming more stringent, with new directives requiring detailed reporting, due diligence, and supply chain transparency
  • Non-compliance carries significant risks: Companies face criminal or civil sanctions, and reputational damage, if their activities harm protected habitats or species

How can CMS advise/help?

  • Training and strategy development: Raising awareness, running risk workshops, and integrating biodiversity into strategic decisions
  • Strategy implementation: Designing and executing biodiversity strategies while minimizing operational disruption and building compliance systems
  • Compliance advice: Guiding on evolving legislation, liaising with regulators, and developing internal policies to reduce legal and reputational risks
  • Ongoing monitoring: Providing continuous support to maintain compliance with changing biodiversity requirements
  • Disputes and Litigation: Managing biodiversity-related investigations, enforcement actions, and disputes efficiently and strategically

Laws and regulations

  • The current strategic framework for biodiversity protection and restoration in the Union is the EU Biodiversity Strategy for 2030, developed by the Commission in implementation of the European Green Deal
  • The Corporate Sustainability Reporting Directive (CSRD) requires large EU companies to report on biodiversity-related risks, dependencies, and impacts — including ecosystem loss, habitat degradation, and land-use change
  • The EU Deforestation Regulation bans the placement of products like soy, coffee, palm oil, timber, and beef on the EU market unless they are proven deforestation-free, including by geolocation and due diligence (read more about the regulation here: European Union Deforestation Regulation)
  • The Green Claims Directive bans vague or misleading sustainability claims, including those relating to habitat protection, ecosystem regeneration, or nature-positive assertions
  • The Corporate Sustainability Due Diligence Directive (CSDDD) expands these obligations by mandating biodiversity due diligence across global value chains, including enforcement mechanisms and exposure to civil liability
  • Moreover, there are increased criminal and civil liabilities in some jurisdictions, including severe fines and imprisonment. Additionally, sector-specific obligations, particularly in industries such as real estate and energy, necessitate rigorous legal oversight and robust environmental assessments during permitting processes
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