| Tittel: | The European Parliament’s Draft Directive on Corporate Due Diligence and Corporate Accountability | | Ansvar: | Af: Paul L. Davies, Susan Emmenegger, Guido Ferrarini, Klaus J. Hopt, Adam Opalski, Alain Pietrancosta, Andrés Recalde, Markus Roth, Michael Schouten, Rolf Skog, Martin Winner, og Eddy Wymeersch | | Forfatter: | Davies, Paul L.  / Emmenegger, Susan / Ferrarini, Guido | | Materialtype: | Artikkel - elektronisk | | Signatur: | Nordisk tidsskrift for Selskabsret | | Utgitt: | København : DJØF Forlag, 2021 | | Omfang: | S. 30–45 | | Serie: | Nordisk tidsskrift for Selskabsret ; 2/2021 | | Innhold: | I. What does the draft Directive require?
On March 10 the European Parliament adopted a resolution setting out a draft Directive on Corporate Due Diligence and Corporate Accountability1 “aimed at ensuring that undertakings … fulfil their duty to respect human rights, the environment and good governance” (Art.1(1)). In order to achieve this aim, the Directive imposes on those undertakings within its scope (ie principally but not only companies) a due diligence duty to “take all proportionate and commensurate measures and make efforts within their means to prevent adverse impacts on human rights, the environment and good governance from occurring in their value chains, and to properly address such adverse impacts when they occur.” (Art.1(2)). The central output of this duty is to be the production by the company, in consultation with stakeholders, of a due diligence strategy, its implementation and its periodic revision, also in consultation with stakeholders (Arts 4 and 8). The due diligence exercise has to be carried out not only in relation to the undertaking’s own operations nor even just along its supply chain but along its whole “value” chain. This means “entities with which the undertaking has a direct or indirect business relationship upstream and downstream, and which either: (a) supply products, parts of products or services that contribute to the undertaking’s own products or services, or (b) receive products or services from the undertaking …” (Art. 3(5)). So, customers as well as suppliers. | | Del av verk: | Nordisk tidsskrift for selskabsret 2/2021 |
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