ESG due diligence – as an add-on to the regular legal due diligence – provides companies with an overview of how the target’s ESG performance rates against the applicable legal framework (including future regulation and soft law). Our ESG due diligence is not aimed at determining whether the ESG strategy of the target is correct. As lawyers, our ESG due diligence is aimed at determining whether, from a legal perspective, the target is subject to ESG related risks. ESG due diligence covers the E, the S and the G: it enables companies to take into account non-financial considerations and legal implications as part of their decisionmaking.
This is what we offer our clients:
- Review of liability and reputation risks for the target resulting from non-compliance with ESG regulations, human rights infringements and climate change mitigation measures.
- Assessment of the target’s ESG policy.
- Assessment of the extent to which the board weighs non-financial considerations in taking investment decisions.
- Advice on integrity risk management, including AML compliance, corruption, internal processes, safe working environment, harassment, social risks such as modern slavery and other elements regarding supply chain management.
- Review of non-financial disclosures and associated risks around (potential) greenwashing and misleading ESG statements.