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Greenwashing is a word that is often used in the media. It hasn’t led to a large number of legal proceedings in the Benelux, yet. But this may, or will likely, change. Formal ESG-transparency rules are imposed. The Taxonomy Regulation and other transparency regulations are rapidly phased in. Transparency on commitments, achievements and audited ESG-statements will have to be produced. Banks and investments firms are required to integrate ESG-related preferences in their services to their clients. And they rely on the information published by their target investment companies.

Greenwashing is and will therefore be an important topic for the coming years. Both for financial institutions that have a duty of care towards their clients as well as for corporates that publish their ESG-strategy and commitments. The topic must thus be on the agenda of every company.

This is what we offer our clients:

  • Identification of potential greenwashing risks.
  • Assistance with the drafting of disclosures to mitigate greenwashing risks.
  • Review of client documentation with a view to potential greenwashing claims.
  • Assistance in actual or potential greenwashing related litigation.

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