Environment, Social and Governance

In collaboration with our M&A Team, we can carry out legal due diligence in the area of ESG across your own supply chain or at target businesses in the context of mergers, acquisitions, joint ventures, and other investments. This research is specifically aimed at identifying potential ESG risks, and also assessing where the opportunities for improvement and long-term value creation lie, and may include assessing sustainability policies, current and future reporting obligations, environmental and social permits, work practices and safe working environment, product liability, reputation risks, and vulnerabilities within the supply chain.

For any further information on this subject, please contact Mathijs Arts.

Our specialists can advise businesses and organisations on how to arrange their governance model, internal supervision, and participation by third parties such as clients, patients, employees, etc., while focusing on prioritising ESG matters and sustainable development goals on the governance agenda.

In their advisory work, our specialists will consider proven best practices from industry and the guidelines from existing governance codes, and will ensure that the arrangements are incorporated in regulations or agreements. They will work closely with partners from across the chain to ensure that the arrangements are secured in statutes, and will advise organisations and businesses on how to deal with various stakeholders, such as investors/shareholders, NGOs, local communities, government bodies, and employees, in respect of ESG matters.

These advisory services include developing communication strategies, negotiating with stakeholders, and dealing with potential conflicts.

For any further information on this subject, please contact Michelle Collins.

Due to the ever-increasing importance of sustainability, the misuse of sustainability references has been on the rise. Exaggerating sustainability references can lead to greenwashing, which is an unlawful way of attracting clients or investors or polishing one’s reputation.

Not only have regulators such as ACM and AFM stepped up their scrutiny to detect and combat greenwashing, but also litigation on alleged and/or exaggerated sustainability references is on the rise within civil law practice.

Our ESG Team can advise organisations on their policies and reporting and also on permissible referencing to their policies, conducting litigation on greenwashing, and protecting consumers and investors against wrongful conduct.

For any further information on this subject, please contact Patrycja Chelmiak. 

Within administrative law, members of the ESG Team can advise on licensing, enforcement, subsidies, incentives and other government schemes, particularly in the areas of the environment and sustainability. 

 

These advisory services may include identifying grant opportunities and permit obligations, submitting grant/permit applications, assisting in grant/permit procedures, and taking or defending action against enforcement.

In addition, the ESG Team advises local authorities on securing their sustainability policies when issuing permits and grants.

For any further information on this subject, please contact Cato Blankenstein.

In the highly regulated real estate market, commercial property is subject to various energy requirements and sustainability targets.

Our advocates can advise owners and users on the various obligations and their allocation, not only in terms of the rental market but also in terms of making the built-up environment more sustainable. The enforcement of rights and powers in the context of said obligations can often lead to a breeding ground of unrest or even litigation, where our specialists can play an important role.

Knowledge of certification is key to good advice, whether it is LEED, BREEAM or NABERS, and as a member of the Dutch Green Building Council, our specialists are fully conversant with the various focus points and specific criteria/requirements.

For any further information on this subject,  please contact Coen Verhaegh.

The concept of ‘green employment terms and conditions’ is no longer a new topic in employment law. Through the business’s employment terms and conditions, employers try to reduce not only their own emissions but also their employees’ personal emissions.

Our ESG Team is knowledgeable about how to ‘green’ employment terms and conditions as well as all kinds of other contracts, and where the limits of such possibilities lie. 

In addition to contractual relationships, the joint policies for all parties involved to reduce emissions and to achieve CO2 targets are set out in binding agreements or far-reaching intentions.

For any further information on this subject,  please contact Michelle Collins. 

Environmental: Environmental criteria determine the extent to which a business contributes to solving the environmental challenges we face, such as gas emissions, water pollution, and deforestation. The starting points are the Paris Agreement, the European objectives and an emission-free economy.

Social: The social factor covers how a business treats its employees, i.e. the management of human capital within the organisation, in which elements such as opportunities, equality (pay gap), diversity and inclusion, working conditions, and safety are key.

Governance: The governance factor focuses on how a business is run financially and which policies are adhered to. Key elements in this context are top wages, taxation and related policies, prevention of corruption, bribery and fraud, and financial structure. There is also a focus on the organisation’s position within society and its involvement in politics and the community.