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Franz Kaps

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Franz D. Kaps is a member of the firm's German dispute resolution practice group. Having worked for law firms in Frankfurt and New York, he has gained a wide range of experience in advising on dispute resolution matters, with a particular focus on large-volume and complex litigation and arbitration proceedings, as well as compliance issues. He frequently publishes articles and speaks at conferences and events on arbitration and compliance related topics.

In a major shakeup to businesses’ obligations relating to human rights, environmental standards and climate change, the Corporate Sustainability Due Diligence Directive is set to become law.
In this article, we focus on the nature of the due diligence obligations: what is required in terms of diligence, what types of impacts are covered, etc.

As part of the European Union (EU)’s European Green Deal, one of the areas of EU law that has developed most rapidly and profoundly is that relating to corporate sustainability governance. Most recently, the Corporate Sustainability Due Diligence Directive (“CS3D”), has been provisionally agreed at a political level in December 2023, and confirmed by COREPER in a revised version in March 2024. The final text of the CS3D must still be formally adopted by the European Parliament and the Council of Ministers before it enters into force.

The coalition agreement (Koalitionsvertrag) adopted this week by the future German federal government – which governs the cooperation of the joint coalition government during the upcoming legislative period until 2025 – comprises a number of legislative proposals relevant to corporate compliance and governance structures.