EU Adopts Mandatory Rules on Corporate Sustainability Due Diligence That Will Apply to Many US Companies

Apr 24, 2024 | Cooley
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On 24 April 2024, the European Parliament voted to adopt the Corporate Sustainability Due Diligence Directive (CSDDD), meaning it will now become law and necessitate a shift in corporate attitudes to responsible business conduct. The CSDDD will apply to European Union (EU) and non-EU companies with activities in the EU meeting the thresholds outlined below. For the first time, it will introduce comprehensive mandatory human rights and environmental due diligence obligations, with significant financial penalties and civil liability for companies that do not fully comply. It also will create a new obligation for companies to adopt and put into effect a climate transition plan, as well as a requirement for companies to report on their due diligence processes. This will likely be a heavy lift for most in-scope businesses, as these requirements reframe existing international soft laws as mandatory obligations. Companies not in scope but in the value chains of businesses that are in scope also will feel the effects of the law, and can expect increasing sustainability-related information requests, contractual requirements and climate-related transition requests.

The new due diligence obligations created by the CSDDD will apply in addition to other more specific due diligence obligations introduced under the EU’s Conflict Minerals Regulation, the EU’s Batteries Regulation, the EU’s Deforestation Regulation and the new procedures companies will have to adopt to ensure compliance with the EU’s ban on products made with forced labour, which also was approved by the European Parliament this week.