Sustainability (ESG)

ESG in our advisory services

ESG, CSR, or sustainability – various terms for the same vital concept. ESG is a broad term that, in essence, stands for Environmental, Social, and Governance factors. These three pillars underpin a sustainable and responsible business and are essential for companies and organisations to address both current and future challenges.

In recent years, legislation in the ESG field has evolved from voluntary commitments to mandatory regulations, particularly from the EU, resulting in a range of new requirements for companies. For businesses, navigating the complex and highly regulated ESG landscape can be challenging. However, adaptation is necessary, both to comply with relevant legislation and to ensure long-term sustainable operations. ESG is not solely about risk management and increased administration; it also presents significant opportunities. A well-considered ESG strategy can provide substantial competitive advantages.

At Setterwalls, we have experts who assist companies in navigating these developments and adapting their operations accordingly. We recognise that companies and organisations are subject to multiple requirements across various ESG areas, and we understand the importance of both broad and in-depth expertise. Given the ESG regulations that have been adopted, ESG is shifting from being the responsibility of a single department to something that affects all aspects of an organisation—from contract drafting, warranty matters, and personnel issues to intellectual property, financing, and disputes. We therefore view long-term sustainability as a fundamental part of our entire offering and provide sustainable advisory services across several specialist areas to support your business.

Compliance and Investigations

To ensure compliance with ESG legislation, governance and guidelines are central. Setterwalls’ Compliance and Investigations team has extensive experience in building, developing, and implementing effective compliance programmes and assists our clients in integrating ESG aspects into these programmes. Furthermore, traditional compliance methodologies are particularly well-suited to the new ESG legislation, which requires increased control and due diligence of value chains.

Our Compliance and Investigations team helps companies map their value chains, including both direct and indirect business partners. We also conduct risk assessments, investigations, and due diligence with a particular focus on human rights and the environment within the value chain, all with the aim of securing long-term sustainable business operations. Read more about our work within compliance.

International trade

An important aspect of ensuring sustainable business in an international context is making certain that the right goods and services are sold to the right parties. Countries and international organisations, such as the UN, EU, and USA, regularly issue export control mechanisms and sanctions, which are economic and political measures aimed at achieving specific objectives. Sanctions may, for example, be imposed on a country, region, or company to enforce compliance with ESG principles, such as ceasing systematic human rights violations.

For companies operating in the global market, it is of utmost importance to ensure that goods and services are not sold to sanctioned parties or to parties not permitted to acquire the products. It is also critical that the entire business is characterised by responsible business practices to ensure compliance with other relevant rules related to international trade, such as export control regulations, tariffs, customs, and VAT rules. Our specialists help you ensure responsible international trade by navigating the restrictions that exist in international trade opportunities. Read more about our work within compliance and tax law.

Intellectual property, marketing and media law

New, stricter regulations target so-called green claims and companies’ ability to market their sustainability efforts. Furthermore, new product requirements for eco-design and the provision of so-called digital product passports are expected to come into force soon. The regulations require companies to provide product and traceability data and to review their supply chains.

Setterwalls’ specialist team in intellectual property, marketing, and media law helps you navigate these regulations and review your sustainability communications and product strategies in accordance with the new legal requirements. Setterwalls can also assist you in protecting, selling, and licensing your inventions and innovations, as well as reviewing and updating your IP strategy from a sustainability perspective.

Environment and Energy

In the field of environment and energy, we offer expertise to support our clients in conducting their operations sustainably and transitioning from fossil-based to climate-optimised activities. We work to ensure that our clients obtain the necessary permits and comply with high environmental standards and legislation, both current and forthcoming. Particular focus is placed on anticipating changes arising from complex EU law and the consequences these have for businesses.

Energy efficiency and electrification are central elements of permit processes for all operations, and many clients are also producers of renewable energy. Our advisory services include helping clients promote sustainable development and enable the transition to a greener economy.

Banking and finance

Within banking and finance, we focus on providing our clients with legal advice in their efforts to integrate sustainability aspects into their financial strategies. We help them navigate the complex ESG regulations, such as the SFDR and the Taxonomy Regulation, and identify sustainable investment opportunities that can lead to long-term competitive advantages. By offering tailored advice, we ensure that our clients not only meet legal requirements but also contribute to a more sustainable economy. Other examples include advice on transactions regarding sustainability-linked financing, green financing, and social loans, where we have extensive experience.

Maritime and Transport law

The shipping industry is facing significant change. The combination of new green regulations, such as the EU ETS and FuelEU Maritime, and new rules on data, cyber, and AI have made these issues important focus areas going forward.

We have previously worked extensively with these types of issues in other industries and observe that the initial focus is often on regulatory frameworks, which then shifts to strategies and management of contractual relationships. We see a similar trend in the shipping industry.

We continuously assist our clients throughout the process, and our advice ranges from ensuring compliance with new emission requirements to managing internal structures to secure long-term strategic goals in these areas. Read more about our work withing maritime and transport law.

Mergers and Acquisitions (M&A)

In transactions, we work to identify and manage ESG-related risks and opportunities. Our advice aims to ensure that legal aspects of sustainability are considered throughout the transaction process, from due diligence to contract drafting. This includes helping our clients understand the legal ESG implications of their business decisions and how these may affect long-term business objectives. Read more about our work within mergers and acquisitions.

Tech and digitalisation

In an era where data is a central resource, we advise on responsible data management as part of the company’s ESG strategy. We ensure that our clients comply with the GDPR, the Data Act, and other data protection laws, which not only protect the rights of individuals, customers, and third parties but also strengthen the company’s social responsibility and stakeholder trust. We help develop processes, policies, and systems to manage data in an ethical and legal manner. We ensure that you have the right agreements with suppliers, customers, and partners to enable and support your data compliance efforts. Read more about our work within IT law and data protection.