Welcome to our monthly ESG Newsletter.
There's a lot happening in the environmental, social and governance (ESG) space, and we don't want you to get lost in the quagmire. In our newsletter, we share our latest ESG insights and identify must-know developments from the UK, EMEA and around the world.
Read on for our October edition, in which we shine a spotlight on key ESG developments from mid-September and October, including:
- the key climate change and net zero measures announced in the UK’s Autumn Budget;
- updates on employment law reforms in the UK;
- updates to climate and sustainability reporting regimes in the EU, California and Australia;
- PFAS developments in the EU and California; and
- a revitalised global interest in the opportunities and challenges presented by data, AI and technology.
Overview of latest ESG developments
UK
Climate Change
- Autumn Budget 2024: climate and decarbonisation measures
- UK launches cap and floor scheme to support renewable energy storage
- UK Government will not contest the legal challenge against the Shetland oil fields
- High Court decision quashes permission for UK coal mine, addressing assessment of Scope 3 emissions, substitution, and offsetting
Impact Investment
Business and Human Rights
- Ofcom publishes update on Online Safety Act implementation
- UK Supreme Court prevents employer using "fire-and-rehire" in order to remove "permanent" pay protection
- Tribunal ruling limits the use of market forces as a defence to equal pay claims
- Employment Rights Bill published, but most reforms not expected before 2026
- EHRC publishes final guidance on new duty to prevent sexual harassment, effective from 26 October 2024
ESG Disputes and Complaints
- New CMA greenwashing guidance – tailored to fashion
- Competition Appeal Tribunal heard applications in the first environmental competition class action against six water companies
Corporate Crime
- FCA fines Starling Bank £29 million for failures in financial crime controls
- UK financial crime enforcement updates from the SFO and FCA
Corporate Governance
- Investment Association publishes Principles of Remuneration for 2025
- Guidance on UK Sustainability Reporting Standards
Environment and Planning
Data Protection and Privacy
EU
Climate Change
- How will the European Union's industry policy develop over the next five years?
- Adoption of the revised EU ETS Monitoring and Reporting Regulation
- Germany approves hydrogen core-network
Impact Investment
Green Finance and Carbon Markets
- ESMA publishes first annual report on EU Carbon Markets Risk Monitoring and Trading
- Germany: International climate finance - strengthening green guarantees
Business and Human Rights
ESG Disputes and Complaints
- France: ClientEarth greenwashing lawsuit against Blackrock
- Italy: The role of due diligence in tackling social washing
- The Netherlands: Environmentalists Sue Dutch State Over North Sea "Industrial Complex"
- Germany: Environmental NGOs sue German Government
Corporate Governance
Environment and Planning
- European Commission proposes additional 12 months for phasing in Deforestation Regulation
- The new Packaging and Packaging Waste Regulation introduces a classification system
Data Protection and Privacy
- A new direction for Europe? Draghi report focuses on technology sovereignty
- AG opinion: Balancing automated decision-making, trade secrets and EU GDPR
International
Climate Change
- UN Emissions Gap Report 2024
- Climate change before international courts – explaining advisory opinions and why they matter
Impact Investment
Green Finance and Carbon Markets
Business and Human Rights
- UN releases its final report on Governing AI for Humanity
- USA: California bans sale of menstrual products containing PFAS
ESG Disputes and Complaints
Corporate Governance
- USA: California signs Climate Disclosure Bill into law, effective 1 January 2026
- Australia’s Mandatory Climate-Related Financial Disclosure Reporting Regime
- Hong Kong publishes industry-led ESG rating code of conduct
Environment and Planning
- Australia: Amendments to Environmental Protection Act 1986 (WA) pass Parliament
- India Signs Treaty to Conserve Marine Biodiversity
Data Protection and Privacy
- Navigating China's new data privacy landscape: a comprehensive guide for network data processing
- Australian Privacy Act review: key reforms introduced
UK
Climate Change and Energy Transition
Autumn Budget 2024: climate and decarbonisation measures
Rachel Reeves delivered her first Budget this week making history as the first woman to do so after her appointment to the office of the Chancellor of the Exchequer of the UK, a post that has never been held by a woman since its establishment in 1817. The budget contains a number of provisions relating to climate change and decarbonisation, including the Energy Profits Levy, the UK Carbon Border Adjustment Mechanism, and the Climate Change Levy.
UK launches cap and floor scheme to support renewable energy storage
The UK Government has announced the launch of a new scheme aimed at helping to build long duration energy storage (LDES) capacity by enabling investment in critical infrastructure.
Energy storage is one of the major hurdles for investment in renewable energy infrastructure, due to the intermittent generating nature of many sources of renewable energy (such as wind and solar) and the need to satisfy round-the-clock energy demand, while ensuring that energy is not wasted. LDES technologies enable increased use of renewable energy by storing energy and releasing it onto the grid and into homes when needed. Despite typically having low operating costs, however, high upfront costs act as a barrier to the development and deployment of the technologies.
The investment support scheme announcement follows a consultation held earlier this year which proposed a "cap-and-floor" scheme to encourage LDES investment. A cap and floor model would provide a guaranteed minimum income for developers, in return for a limit on revenues. Ofgem has agreed to act as regulator and delivery body, and the scheme’s first round is expected to be open to applicants next year.
UK Government will not contest the legal challenge against the Shetland oil fields
It is reported that the UK Government will not fight a legal challenge (brought by Greenpeace and Uplift) to the decision to grant consent to drill in untapped oil and gas fields near Shetland and Aberdeen.
The Government's decision does not mean the licences for the oil and gas fields have been withdrawn. However, operators will need to resubmit environmental assessments if the judicial review backs the environmental groups.
This decision follows the UK Supreme Court's ruling in the summer that Surrey County Council should have considered the downstream emissions of granting planning permission for new oil wells in the county. This ruling has set a precedent for regulators.
In the first judgment to consider and apply the Supreme Court's landmark decision in Finch, the High Court has quashed planning permission for the Whitehaven coal mine (Friends of the Earth v SoS for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v SoSLUHC & others [2024] EWHC 2349 (Admin)). In doing so the court considered arguments relating to substitution and reliance on carbon offsetting.
Impact Investment
National Wealth Fund (NWF) policy paper for mobilising private investment
The NWF aims to mobilise billions of pounds in private investment to support the UK's clean energy and growth industries. The NWF will have a total capitalisation of £27.8 billion. In a recent policy paper, the UK government announced significant updates to the policy. Among these updates, is the confirmation that NWF will prioritise investments in sectors such as green hydrogen, carbon capture, ports, gigafactories, and green steel.
Business and Human Rights
Ofcom publishes update on Online Safety Act Implementation
Following publication by Ofcom of various consultations relating to implementation of the Online Safety Act (OSA) (including the illegal harms consultation in November 2023, the consultation on guidance for online pornography services in December 2023 and the consultation on proposed measures for protecting children in May 2024), we have been waiting to see whether Ofcom's original timeline for implementation of the OSA (which received royal assent in October 2023) would be pushed back as a result of the change in UK government over the summer. However Ofcom's latest update suggests Ofcom's implementation roadmap remains broadly on track, albeit with some reprioritisation of specific activities.
The Supreme Court in Tesco Stores Ltd v USDAW has upheld an injunction to prevent an employer from exercising its right to dismiss employees (and then offer re-engagement on new terms) where it was found that the employer's purpose behind the fire and rehire was to remove a contractual entitlement to "permanent" pay protection.
The Court held that there was an implied term that the employer could not dismiss for the purpose of depriving the employees of their right to retained pay. In this case, it was appropriate to grant an injunction to prevent dismissal, despite this amounting to indirect specific performance of an employment contract. This was because trust and confidence still existed (evidenced by the employer offering to re-engage the employees) and damages would be inadequate (given the complexities of calculating compensation and because non-pecuniary loss was irrecoverable).
Tribunal ruling limits the use of market forces as a defence to equal pay claims
The outcome of a recent employment tribunal case - Thandi v Next Retail Ltd – means that employers who set pay for different but comparable roles by benchmarking against market rates may struggle to defend equal pay claims where the roles are largely gender-segregated.
Employment Rights Bill published, but most reforms not expected before 2026
The Labour Government published its Employment Rights Bill on 10 October 2024, within the first 100 days of its administration.
The draft bill includes some further details of employment reforms set out in Labour's Plan to Make Work Pay, which was published prior to the UK General Election and confirmed in the King's Speech, although much remains to be specified in regulations and is subject to consultation.
From 26 October 2024, employers will be subject to a new duty to take reasonable steps to prevent their workers suffering sexual harassment in the workplace (from both colleagues and third parties). Failure to comply with the duty will lead to a potential uplift of up to 25% in compensation awarded for tribunal claims, expose regulated employers to increased regulatory scrutiny, and potentially trigger investigation and enforcement action by the Equality and Human Rights Commission. Claimants in tribunal claims are likely to seek disclosure of employers' reasons for taking or not taking certain steps, as well as prior incidents of harassment. The risk of damage to reputation is clear.
ESG Disputes and Complaints
New CMA greenwashing guidance – tailored to fashion
Building on the Competition and Markets Authority (CMA)'s Green Claims Code, and its recent consumer protection investigation - which culminated in ASOS, Boohoo and Asda agreeing to change how they promote their green credentials (see our blog post here) - the CMA has published new guidance for fashion businesses to avoid "greenwashing".
The Competition Appeal Tribunal heard applications for collective proceedings orders (CPO) in a class action brought against six water companies in England (Thames Water, Yorkshire Water, Anglian Water, Severn Trent, Northumbrian Water and United Utilities). This is the first ever environmental competition law class action brought in England.
The Proposed Class Representative (PCR), Professor Carolyn Roberts, contends that these water companies have committed, and continue to commit, abuses of a dominant position, in breach of section 18 of the Competition Act 1998, in providing misleading information to the relevant regulatory bodies, the Environment Agency and the Water Services Regulation Authority (Ofwat). The PCR alleges that this caused Ofwat to allow the water companies to charge their customers higher prices for sewerage services than they would otherwise have been permitted to charge, by up to £1.5 billion. The CPO application hearing took place from 23-25 September 2024 and judgment is pending.
Corporate Crime
FCA fines Starling Bank £29 million for failures in financial crime controls
On 27 September 2024, the Financial Conduct Authority (FCA) fined Starling Bank Limited £28,959,426 for breaching (i) a requirement not to open any new accounts for high or higher risk customers by opening accounts for 49,183 high or higher-risk customers and (ii) Principle 3 of the FCA's Principles for Businesses by failing to implement adequate risk management systems in relation to financial crime (in particular in connection with financial sanctions).
UK financial crime enforcement updates from the SFO and FCA
Both the Serious Fraud Office (SFO) and FCA have recently emphasised the increasing importance of utilising technological tools in their review of data, and of adopting a coordinated, collaborative approach with other institutions, in order to tackle economic crime.
Corporate Governance
Investment Association publishes Principles of Remuneration for 2025
The Investment Association (IA) published a revised version of its Principles of Remuneration (Principles). The Principles are significantly less prescriptive than before, and their publication provides an opportunity for companies to take stock of whether their existing incentive arrangements continue to remain fit for purpose. The new Principles open up the possibility of more diverse approaches to the quantum and form of executive pay which companies should consider. There is also greater flexibility in how a company can mechanically choose to settle share awards. As a result, it may be a good time for companies to review hedging strategies.
Guidance on UK Sustainability Reporting Standards
The Department for Business and Trade has released guidance on UK Sustainability Reporting Standards (SRS). This follows from the UK government's plans to establish a framework to assess the suitability of the International Sustainability Standards Board's IFRS S1 and IFRS S2 for endorsement in the UK. According to the UK Government website, if this process concludes with an affirmative endorsement decision, it will result in the creation of the first two UK SRS. The UK Government aims to make endorsement decisions on the first two standards by Quarter 1 2025 and these standards will form part of a wider sustainability disclosure reporting framework led by HM Treasury.
Environment and Planning
The UK Net Zero Carbon Buildings Standard: the one standard to rule them all?
Key to achieving carbon reductions in the built environment is common language regarding "net zero carbon building" and how it can be measured, but to date there has been a lack of agreed methodology. But that is all set to change in the UK following the much-anticipated publication of the pilot version of the UK Net Zero Carbon Buildings Standard on 24 September 2024.
Data Protection and Privacy
Data Centres to be classed as "Critical National Infrastructure" (CNI) in the UK
On 12 September 2024, the Technology Secretary, Peter Kyle, announced the UK Government decision to class UK Data Centres as CNI. The decision represents the first CNI designation since the Space and Defence sector infrastructure gained such classification in 2015.
Europe
Climate Change and Energy Transition
How will the European Union's industry policy develop over the next five years?
September saw the former European Central Bank chief and Italian prime minister Mario Draghi publish his report on the future of European competitiveness. The Draghi Report is intended to inspire the European Commission's programme for the next five years to restore Europe's competitiveness. It identifies three areas of action to re-ignite growth, promoting innovation, restoring competitiveness, and increasing security (or reducing dependencies). It is considered to be a manifesto for the development of a true EU-wide industrial policy.
Adoption of the revised EU ETS Monitoring and Reporting Regulation
On 23 September 2024, the European Commission adopted an amendment to the EU Emissions Trading System (ETS) Monitoring and Reporting Regulation, 2018. The amendment relates to zero-rating of emissions from certain low-carbon fuels in the ETS, and amends rules for biomass fuels and sustainable aviation fuels. The regulation amendments have been designed to ensure compliance with sustainability and greenhouse gas savings criteria and to avoid double counting of emissions.
Germany approves hydrogen core-network
The Federal Network Agency has approved the application for a core hydrogen network in Germany. The approval marks the end of the planning stage and opens the way for the realisation of the project. The project aims to connect all central hydrogen locations in all German states and create a core 9,040 km network of 9,040 km of pipelines. The first network plan is expected in 2026.
Impact Investment
The European Commission has published its 2024 Employment and Social Developments in Europe (ESDE) report, whose main finding is that social investments and reforms in key areas can boost employment, social inclusion, competitiveness and economic growth. Reforms and financial support for early childhood education and care, skills development, lifelong learning, vocational training and certain job support schemes are particularly promising.
The latest ESDE report shows that investments have had a positive effect on income, employment levels, social inclusion and the fight against poverty, helping to reduce social and economic gaps across the EU. Social investments and reforms made between 2010 and 2021 are found to have contributed to increasing median wealth in the euro area while decreasing differences between Member States. EU countries with previously weaker economic and social performance been seen to make improvements, partly thanks to these investments. Despite overall economic and social progress, however, the report also finds that significant disparities persist both within and between countries.
Green Finance and Carbon Markets
ESMA publishes first annual report on EU Carbon Markets Risk Monitoring and Trading
The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, has published the 2024 EU Carbon Markets report, which contains three key findings.
Firstly, prices in the EU Emissions Trading System (EU ETS) have declined since the beginning of 2023. This was due to a combination of lower demand for emission allowances from weak industrial activity, falling natural gas prices and decarbonisation of the European energy sector, along with increased supply following the decision to auction additional allowances to finance the REPowerEU plan.
Secondly, emission allowance auctions remain significantly concentrated, with 10 participants buying 90% of auctioned volumes, reflecting a preference by most EU ETS operators to source allowances from financial intermediaries.
Thirdly, the vast majority of emission allowance trading in secondary markets takes place through derivatives, reflecting the annual EU ETS compliance cycle where non-financial sector firms hold long positions (for compliance purposes) while banks and investment firms hold short positions.
Germany: International climate finance - strengthening green guarantees
The Green Guarantee Group (GGG) was established by the German government at the 28th Conference of the Parties (COP28), the most recent meeting of the parties to the United Nations Framework Convention on Climate Change (UNFCCC). In the period preceding COP30 in Brazil, the group will develop specific recommendations regarding the promotion of green guarantees and the enhancement of their efficacy in facilitating green investments. The GGG was formed in response to the growing frequency of climate change events. Its aim is to redress this imbalance by focusing on guarantees as a pivotal instrument for mobilising and leveraging private investment and accelerating sustainable development. A first meeting between the GGG and high-ranking politicians took place on 1 October 2024, in Berlin.
Business and Human Rights
The European Commission has adopted new measures under the REACH Regulation – the EU chemicals legislation – to protect human health and the environment by restricting the use of undecafluorohexanoic acid (PFHxA) and PFHxA ‑related substances.
These sub-groups of per- and polyfluoroalkyl substances (PFAS) are very persistent and mobile in water, and their use in certain products poses a risk to human health and the environment. The restriction will ban the sale and use of PFHxA in consumer textiles, such as rain jackets; food packaging; consumer mixtures; cosmetics; and in some firefighting foam applications used for training and testing, without compromising safety.
It does not affect other applications of PFHxA, for example in semiconductors, batteries or fuel cells for green hydrogen.
ESG Disputes and Complaints
France: ClientEarth greenwashing lawsuit against Blackrock
ClientEarth has filed a greenwashing complaint against BlackRock with French regulators, accusing the firm of misleadingly labelling 18 funds as “sustainable” despite holding over $1 billion in fossil fuel investments. The complaint alleges these funds, marketed in France, include companies expanding fossil fuel production, which contradicts the Paris Agreement goals. ClientEarth seeks enforcement to ensure accurate labelling, changes in fund names or portfolios, and increased scrutiny from other regulators. BlackRock maintains that its funds comply with all relevant regulations. This marks ClientEarth’s first greenwashing action against an investment firm.
Italy: The role of due diligence in tackling social washing
Consumers and investors are increasingly socially conscious. Strong social credentials in relation to human rights, working conditions, employee rights and health and safety are, for an increasing number of consumers, critical factors in purchasing decisions.
However, the recent investigations launched by the Italian competition authority against luxury brands, Armani and Dior, shows that businesses that wish to leverage their social credentials must take steps to ensure they avoid the risk of "social washing". A perceived gap between marketing communications and genuine action can lead to divestments from investors.
The Netherlands: Environmentalists Sue Dutch State Over North Sea "Industrial Complex"
Environmental organizations Stichting Doggerland and ARK Rewilding Nederland are suing the Dutch government for failing to uphold agreements to protect ecologically significant areas in the North Sea. They argue that the Ministry of Infrastructure, tasked with safeguarding these regions from industrial harm, has not fulfilled its duties. Despite the areas’ protected status, industrial activities such as shipping, military exercises, gas extraction, offshore wind farms, and sonar-producing underwater operations continue and have even increased. The case, which could significantly impact North Sea industrial activities, such as gas extraction and wind farm construction, is expected to reach court within the next year.
Germany: Environmental NGOs sue German Government
It has been reported that two NGOs – Greenpeace and Greenwatch – have filed a legal action against the German Government based on the alleged inadequacy of the Government's climate policy, in particular as regards the transport sector. The action was brought by over 54,000 co-claimants and demands the creation of climate legislation that complies with the constitution and includes measures to reduce emissions from transport.
Corporate governance
The European Commission opened infringement procedures by sending a letter of formal notice to 17 Member States (Belgium, Czech Republic, Germany, Estonia, Greece, Spain, Cyprus, Latvia, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, and Finland) for failing to transpose the CSRD into their national legal systems. The deadline for transposition expired on 6 July 2024.
The new sustainability reporting rules apply from financial years beginning on or after 1 January 2024. In the absence of transposition of these new rules it will not be possible to achieve the necessary level of harmonisation of sustainability reporting in the EU, and investors will not be in a position to take into account the sustainability performance of companies when making investment decisions.
These Member States now have two months to respond and complete their transposition. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Environment and planning
European Commission proposes additional 12 months for phasing in Deforestation Regulation
The European Commission has proposed to give parties concerned by the EU Deforestation Regulation 12 months extra to prepare for the regulation's implementation, in response to feedback from international partners about the state of their preparations. If the proposal to extend the deadline is approved by the European Parliament and the Council, it would make the law applicable on 30 December 2025 for large companies and 30 June 2026 for micro- and small enterprises. The final, plenary vote on the extension will take place in mid-November 2024.
The new Packaging and Packaging Waste Regulation introduces a classification system
It is reported that the European Parliament will approve a new European Packaging and Packaging Waste Regulation introducing a classification system to assess the recyclability of packaging by November 2024.
The Regulation includes, among others, specific long-term targets on: (i) prevention; (ii) eco-design; (iii) re-use; and (iv) the use of bioplastics in packaging.
Data protection and privacy
A new direction for Europe? Draghi report focuses on technology sovereignty
As part of the EU's new industrial strategy (see above), the Draghi report focuses on data and "technology sovereignty" as a means of boosting sustainable growth. The report, coupled with European Commission President, Ursula Von der Leyen's, statement on the Report, suggest a shift from the previous digital agenda around regulating "Big Tech", to delivering on Europe's digital ambitions.
AG opinion: Balancing automated decision-making, trade secrets and EU GDPR
In a recent opinion, Advocate General (AG) Richard de la Tour of the European Court of Justice (ECJ) provided important guidance for companies on balancing transparency requirements under the EU GDPR, with the protection of trade secrets around automated decision-making processes.
International
Climate Change and Energy Transition
The UN Environment Programme’s 2024 Emissions Gap Report highlights that global greenhouse gas emissions are at a record high, urging immediate action to prevent catastrophic temperature rises.
The report, launched at the COP16 biodiversity summit in Colombia, stresses the need for countries to drastically cut emissions by 42% by 2030 and 57% by 2035 to meet the Paris Agreement goals. Without significant reductions, the world could face a 3.1°C temperature increase. The report also emphasizes the potential of existing technologies and international cooperation to achieve necessary emissions cuts and mitigate climate impacts.
Climate change before international courts – explaining advisory opinions and why they matter
The unprecedented challenge of climate change is provoking complex questions about the obligations states owe to each other – and to their own citizens – under international law. While domestic courts have increasingly scrutinised climate change issues over the last few decades, international judicial bodies are now putting these issues under the microscope too. Among other things, this is happening through a series of advisory opinions which seek to clarify the scope of state obligations in respect of climate change under international law.
Impact Investment
UK and Australia announce upcoming Australia–UK Climate and Energy Partnership
The Prime Ministers of the United Kingdom and Australia have agreed to enhance bilateral cooperation on climate change and energy by negotiating a dynamic new partnership. The Australia–UK Climate and Energy Partnership will focus on the development and accelerated deployment of renewable energy technologies, such as green hydrogen and offshore wind, to support the economic resilience and decarbonisation goals of both countries. The partnership will also build upon the two countries’ long-standing cooperation on international climate action, including on renewable energy and climate finance.
Green Finance and Carbon Markets
The NGFS’s second report delves into how the transition to net zero could impact macroeconomic variables like inflation and output. It examines three main drivers: climate change mitigation policies (e.g., carbon pricing, green subsidies), innovation in green technologies, and shifts in preferences. The report also considers the effects of increased green investments and the uncertainties of the transition. A forthcoming final report will further explore central banks’ methods for modelling climate change impacts.
Business and Human Rights
UN releases its final report on "Governing AI for Humanity"
With the coming into force of the EU AI Act in August 2024, AI governance is an increasing concern for governments and private organisations alike. The UN's report, Governing AI for Humanity, examines some of the key concerns and challenges surrounding the creation of AI governance frameworks.
USA: California bans sale of menstrual products containing PFAS
The state of California signed into law Assembly Bill 2515, which bans the sale of menstrual products containing per and polyfluoroalkyl substances (PFAS) , regardless of whether such substances were added intentionally or unintentionally. The law prohibits by 2025 the manufacture and sale of menstrual products that intentionally contain PFAS. If PFAS have been added unintentionally, the law requires that by 2027, manufacturers keep it below a level determined by the U.S. Department of Toxic Substances Control.
This development shows that PFAS continues to be a pertinent topic for businesses in the USA.
ESG Disputes and Complaints
USA: California files lawsuit against Exxon over plastic pollution and recycling deception claims
The state of California filed a complaint in the Superior Court of the State of California against Exxon Mobil Corp. claiming that Exxon has inundated the state with harmful plastic waste and has also misled customers about Exxon's recycling abilities. California argues that Exxon's promises of "advanced recycling" or "chemical recycling" to address plastic waste are deceptive as Exxon is aware that it cannot recycle the volume of new plastic being produced. California further argues that the bulk of the plastic waste Exxon processes is turning into fuel instead of recycled plastics.
Corporate governance
USA: California signs Climate Disclosure Bill into law, effective 1 January 2026
California Governor Gavin Newsom has signed into law the Climate Corporate Data Accountability Act, a law passed in 2023. This legislation mandates that large businesses operating in California disclose their value chain emissions and report on climate-related financial risks. Despite concerns about companies’ ability to meet the requirements, the law maintains its initial implementation date of January 1, 2026.
Australia’s Mandatory Climate-Related Financial Disclosure Reporting Regime
In September 2024, following the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 (Cth) receiving Royal Assent to introduce Australia’s mandatory climate-related financial disclosures regime, the Australian Accounting Standards Board has formally voted on the pronouncement of: (i) AASB S1 General Requirements for Disclosure of Sustainability-related Financial Information (AASB S1) as a Voluntary Standard; and (ii) AASB S2 Climate-related Disclosures as a Mandatory Standard (AASB S2). AASB S1 addresses sustainability-related financial disclosures.
AASB S2 sets out disclosure requirements for an entity to provide useful information to primary users of its general purpose financial report about climate-related risks and opportunities that could reasonably be expected to affect the entity’s cash flows, access to finance or cost of capital over the short, medium or long term.
Hong Kong publishes industry-led ESG rating code of conduct
In October 2024, the ICMA published the Hong Kong Code of Conduct for ESG Ratings and Data Products Providers. The Code was developed by an industry working group of 14 members from Hong Kong and mainland China, including international ESG service providers and key users from the finance industry, sponsored by the Hong Kong Securities and Futures Commission (SFC).
Its aim is to establish and promote a globally consistent, interoperable, and proportionate voluntary code for providers offering ESG ratings and data products and services in Hong Kong, closely following the IOSCO recommendations.
Environment and planning
Australia: Amendments to Environmental Protection Act 1986 (WA) pass Parliament
On 15 August 2024, the Western Australia State Government tabled the Environmental Protection Act Amendment Bill 2024 (EP Amendment Bill), amending the Environmental Protection Act 1986. These reforms are part of the Government's commitment to implement the recommendations set out in the Independent Review of WA Environmental Approval Processes and Procedures (December 2023), prepared by former Environmental Protection Authority (EPA) chair Dr Paul Vogel and planning expert David McFerran (Vogel-McFerran Review).
The EP Amendment Bill was passed by both houses of Parliament as of 17 October 2024 and will be enacted following assent.
India Signs Treaty to Conserve Marine Biodiversity
India has signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement — called the "High Seas Treaty" -- which will allow the country to enhance its strategic presence in areas beyond its Exclusive Economic Zone and work for the conservation and sustainable use of marine biological diversity.
The BBNJ Agreement is an international treaty under the UN Convention on the Law of the Sea. It aims at addressing the growing concerns over the long-term protection of marine biodiversity in the high seas. The treaty sets precise mechanisms for the sustainable use of marine biological diversity through international cooperation and coordination. Member countries cannot claim or exercise sovereign rights over marine resources derived from high seas and should ensure the fair and equitable sharing of benefits.
Data protection and privacy
Navigating China's new data privacy landscape: a comprehensive guide for network data processing
After nearly three years of discussion and revision, China has officially released the finalised Network Data Security Management Regulations, set to come into effect on 1 January 2025. The regulations enhance and add to existing data protection laws and provide more comprehensive advice on how network data processors should handle personal information and important data, introducing stricter duties and penalties for non-compliance.
Australian Privacy Act review: key reforms introduced
A Privacy Reform Bill has just been introduced into the Australian Parliament, marking the next step in the ongoing reform of the Australian Privacy Act.
This Bill comes almost a year after the Government announced that it "agreed" or "agreed in-principle" with 106 of the 116 recommended reforms in the Attorney General's 2022 Privacy Act Review Report.
The Bill includes amendments to address most of the 25 "agreed" proposals, including important topics relating to automated decision making, overseas disclosure of personal information, data security and breaches, children’s privacy, civil penalties and enforcement powers, and a new statutory tort for serious invasions of privacy.
Our latest ESG thought leadership round-up
- Ad Regulation in the UK: A Guide to Engaging with the Advertising Standards Authority
- Adaptation equals evolution – What's the future of sustainability-linked loans?
- The CSRD Landscape: Member State Transpositions and Enhancements
- COP16: Why is COP16 relevant for business?
- PFAS explained – What forever chemicals mean for clean energy dispute risks
- Battery power and ESG – It's complicated
- The UK Online Safety Act: Your questions answered
- What is 'illegal content' and what are the key duties under the Online Safety Act?
- More questions than answers? Thoughts on regulation of AI in the UK
- Beneath the Surface: Recycling critical minerals in the circular economy
- Adaptation equals evolution – What's the future of sustainability-linked loans
- Real world rhetoric – Watchdogs and investors increase scrutiny on ESG claims
- Pensions Planner – Autumn 2024
In case you missed it last month
- ESG newsletter UK and EU: September 2024
- Keeping Up with ESG in Australia: September 2024
- Webinar: Climate change before international courts – What are advisory opinions and why do they matter?
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.