Duty of vigilance / CS3D
In May 2024, the European Council adopted the Corporate Sustainability Due Diligence Directive (CS3D), which strengthens and broadens companies’ obligations regarding social and environmental responsibility. This directive is part of an evolving European regulatory framework, alongside the CSRD (Corporate Sustainability Reporting Directive), aiming to harmonize corporate sustainability practices and transparency.
Increased responsibility for companies
The CS3D requires companies, as well as their partners, to prevent, mitigate, or stop the negative impacts of their activities on human rights and the environment. Inspired by the French Law of March 27, 2017, on due diligence, this directive extends its scope to non-European companies and introduces progressive compliance requirements starting in 2027. It requires a larger number of companies to implement a rigorous due diligence plan that includes concrete measures such as:
- Risk mapping.
- Implementing procedures for evaluating subcontractors and suppliers.
- Defining risk mitigation actions or preventing serious harm.
- Establishing alert and monitoring mechanisms.
At the same time, the CSRD obliges companies to publish standardized sustainability reports, thus facilitating transparency and monitoring of their commitments.
De Gaulle Fleurance supports you
At De Gaulle Fleurance, we leverage our expertise in business law and compliance to help you anticipate and meet these new requirements. Our support includes:
- Designing and drafting your Due Diligence Plan:
- Risk mapping, partner evaluation, and implementing prevention mechanisms.
- Implementing and monitoring corrective measures.
- Auditing and verifying compliance of your Due Diligence Plan with regulatory requirements.
- Managing pre-litigation and litigation:
- Responding to formal notices or assisting in case of legal proceedings related to alleged violations of obligations.
- Training and raising awareness for executive teams:
- Preparing Executive Committees and Boards of Directors for upcoming CS3D and CSRD obligations.
- Integrating sustainability into your business strategy:
- Aligning the Due Diligence Plan with the reporting obligations imposed by the CSRD.
Adopt a proactive approach
Given the expanding responsibilities related to sustainability and due diligence, it is crucial for companies to prepare now. A proactive approach not only ensures compliance with legal obligations but also strengthens their positioning as responsible and engaged actors.
For any questions or to receive personalized assistance, our lawyers are available to help you turn these obligations into strategic opportunities.