Practice area
ESG – Environmental, Social and Governance

Environmental, Social and Governance (ESG) is more important today than ever. ESG stands for the three main factors that determine a company or organisation's sustainability and societal impact: Environment, Social and Governance. These three pillars serve as guidelines for climate-friendly and ethical business practices and are gaining importance among investors, consumers and governments worldwide.

 

Why is ESG so important for Belgian companies?

The shift to sustainable business practices is not only an ethical issue; it is also of strategic importance. ESG is increasingly considered a basic requirement in Belgium rather than a voluntary supplement. 

Investors often prioritise companies with an eye for social and environmental responsibility in addition to profitability. Consumers are also making more conscious choices and are more sensitive to companies' social and environmental policies, which gives sustainability a marketing value as well.

In addition, national and European policies require companies to be more transparent in their ESG practices. The introduction of the Corporate Sustainability Reporting Directive (CSRD) means that around 2,300 Belgian companies will soon have to report on their ESG performance. The CSRD goes beyond simple reporting. Companies that meet this obligation are more likely to select their suppliers and contractors based on ESG compliance. As such, ESG criteria are evolving from nice-to-have to an essential business interest.

 

European and international ESG regulations 

In addition to the CSRD, there are numerous other laws and regulations that encourage companies to take a transparent and responsible approach to ESG. Caluwaerts Uytterhoeven closely follows developments in these regulations. 

Some key legislation and initiatives include:

  • CSRD and CS3D: European sustainability reporting guidelines that require companies to disclose their environmental impact and social responsibility.
  • The Taxonomy Regulation: classifies sustainable economic activities and provides a framework to support green investments.
  • The Deforestation Regulation: requires companies to guarantee that their products do not cause deforestation.
  • The Green Claims Directive: companies must make clear and substantiated environmental statements to avoid deception.

Caluwaerts Uytterhoeven also monitors the evolution of global climate disputes and other legal issues affecting companies' ESG strategies.

 

Practical ESG challenges for companies

ESG criteria present specific legal challenges that can be complex and may vary by sector. Caluwaerts Uytterhoeven offers support in navigating these issues and finding solutions that meet the unique needs of individual businesses. Some common ESG challenges include:

  • Contractual liability: ESG is increasingly becoming an integral part of contracts, with sustainability clauses increasing contractual exposure to ESG risks.
  • Extra-contractual liability: ESG risks can lead to extra-contractual claims, such as claims for environmental damage, misleading environmental claims (greenwashing), or corporate social responsibility.
  • Post-acquisition claims: ESG issues can affect acquisition and integration processes, whereby compliance with ESG criteria may require additional due diligence and result in additional liabilities.

 

Caluwaerts Uytterhoeven as a partner in your ESG journey 

Our team of experienced lawyers offers extensive expertise in the rapidly changing ESG landscape. We provide practical, business-focused legal solutions to help companies ensure compliance, risk management and corporate responsibility. Our firm supports companies throughout every step of their ESG journey, from CSRD compliance to liability and reputation risk management.

Our team of ESG specialists collaborates with companies that value sustainability. We tailor our legal advice to meet changing regulations and the specific needs of our clients.

 

Do you need other legal assistance or guidance? 

Our law firm in Antwerp and Turnhout has expertise in various legal fields, including construction law, environmental and planning law, company law and M&A, mediation & arbitration, commercial & distribution law, and much more.

 

Where can you find our offices? 

Caluwaerts Uytterhoeven has offices in Antwerp and Turnhout, where we provide our clients with personal and professional legal counsel. 

 

Let’s get things clear

How can we help you?

If you would like more information, a personal conversation is the most appropriate way to do so. You can always make an appointment by phone or e-mail, or contact us directly.