We have divided all the various ESG matters in five main areas of focus:
Solutions
HVG Law offers a broad range of legal solutions and support to help clients across industries and around the globe with their growing ESG & sustainability needs. Based on our firm’s areas of expertise, we offer the following solutions related to ESG topics.
Environmental Sustainability
Awarness of society and citizens, companies and politics for climate change and its environmental effects and economic consequences has increased. Organizations and governments are stimulated, if not expected, to invest in sustainable initiatives and solutions, such as hydrogen, e-mobility and renewable energy generation.
The regulatory landscape for environment and energy management is complex and designed and issued at both the European and national level. Companies are subject to increasing sustainability requirements, including stricter carbon emission regulations, non-financial reporting obligations as well as product responsibility, including restrictions on environmentally harmful products.
Our Environmental Sustainability services further include advising clients on regulations and actions to address:
- Development of renewable energy projects
- Cross border legal due diligence and M&A transactions in the energy sector
- Purchase of renewable energy
- Heat transition
- Compliance with regulatory requirements
- Circular economy frameworks
- Decarbonization and emissions trading (ETS)
- Incorporation of renewable energy policies
Workforce Sustainability & Compliance
With increasing regulations on human rights, corporate and social sustainability policies, workforce-related compliance is key. This includes subjects such as: the right to equal pay and equal treatment; transparency on employment benefits, diversity in work force, introduction of regulations with focus on reducing the carbon footprint and general measurements to protect human rights including regulations for whistleblowing. Several regulations have recently been announced to ensure fair and sustainable employment, including initiatives to enhance equal pay. These are issues that many employers are facing, particularly those working in a multi-jurisdictional context with legal regulations varying from jurisdiction to jurisdiction.
HVG Law is helping clients maintain legal and regulatory compliance and go beyond that: design initiatives and legal solutions to address employee safety, well-being, diversity, equity and inclusion to improve employee engagement, productivity and retention.
Our Workforce Sustainability & Compliance services further include:
- Employment law tracking and compliance
- Pay equity
- Codes of conduct
- Whistleblower frameworks
- Child labor and human rights policies
- Diversity initiatives
- Return to office
Corporate governance & Business Ethics
The design of (corporate) governance plays a crucial role in shaping and implementing an effective ESG strategy for companies. ‘Governance’ in the ESG context relates to the more traditional corporate governance topics, such as the relationship between management board, supervisory board, shareholders and ‘investor relations’.
Sustainability also requires ethical behavior. Within ESG, ‘business ethics’ covers topics such as anti-corruption and the prevention of fraud and money laundering. Implementing appropriate tools to stimulate business ethics (and to eliminate unethical behavior) is part of ESG-proof governance.
‘Governance’ also entails setting up adequate (risk) management systems aimed at compliance with laws and regulations in the areas of the ‘E’ and the ‘S’.
We can support you with various tools to design and implement ESG-proof (corporate) governance. This entails, for example, the legal assessment of the alignment of your current governance with applicable ESG-related regulations, required to avoid fines, liability or reputational damages.
Supply Chain & Commercial Agreements
Organizations are facing huge challenges keeping up-to-date with new regulations in the field of ESG and the additional reporting and other obligations they impose. There is also a growing expectation that companies understand and address ESG and sustainability issues within their value and supply chains. This leads to increasing assessment and due diligence efforts focused at suppliers, customers and beyond. Appropriate governance, policies and contract management mechanisms are key in addressing these ESG supply chain responsibilities.
We can support you by bringing a holistic approach to implementing an adequate ESG compliance program to address regulatory requirements and identify and appropriately manage risks within your supply and value chain.
As a solution we offer an ESG compliance assessment of your supply chain contracts and commercial agreements. This ESG compliance assessment typically consists of preparing a tailored questionnaire, taking interviews, analyzing contracts, reporting the findings and discussing these findings (including identified and potential risks) with you. Subsequently, we can assist you with implementing appropriate or necessary changes in policies, due diligence questionnaires, commercial contracts and other documents.
Internal ESG Compliance Assessment
When focussing on the ESG-status of your own internal organization, we can assist by performing an internal ESG Compliance Assessment to map one or more designated ESG-aspects.
Our Internal ESG Compliance Assessment legal services include:
- Verify internal ESG-compliance and whether it meets existing ESG-legislation
- Identify compliance gaps and associate risks and exposures
- Propose concrete recommendations to mitigate identified risks and exposures
ESG in M&A
Providing ESG legal due diligence support to identify one or more designated ESG-aspects for the relevant target companies in M&A-transactions.
Our ESG services in M&A include:
- Legal and compliance due diligence
- Vendor diligence
- Transaction diligence
- Propose concrete recommendations to mitigate identified risks and exposure in transaction documentation
- Prepare and negotiate ESG governance and KPI’s in transaction documents