ESG plays an increasing role in Danish and international companies, as both legislation and stakeholders such as investors, business partners, employees and customers demand that ESG is an integral part of a company's strategy and decision-making processes. It is a rapidly evolving area where it can be difficult to assess and understand which requirements are necessary and relevant to each company. Forward-looking undertakings recognise the importance of efficient ESG implementation and management, as best practice will change continuously. This is cemented by, for instance, new extensive EU legislation as well as requirements from market participants across the three ESG areas.

A dedicated ESG team

Plesner's ESG team advises on all legal aspects of ESG. Our specialists advise in all relevant areas, including energy and environmental law, sustainable finance and investment, regulatory compliance, corporate governance, anti-money laundering and anti-corruption, work environment and safety, and employee's rights and human rights.

Our experience

In recent years, Plesner's specialists have assisted several clients on ESG-related matters, including the identification of ESG risks across corporate portfolios, in connection with transactions and investments, in connection with sustainable finance, advice on sustainable construction and combatting of greenwashing. Plesner has also advised on the extensive EU legislation with regard to ESG, including the EU Taxonomy Regulation (Regulation 2020/852), the EU Sustainable Finance Disclosure Regulation (Regulation 2019/2088) and the Corporate Sustainability Reporting Directive (CSRD), and we have experience with some of the most widely used international ESG standards. Plesner is a member of Green Building Council Denmark that promotes sustainable construction.

Our advice

Our ESG advice focuses on the following three main areas:

Compliance

• Compliance assessments regarding relevant EU legislation, including the EU Taxonomy Regulation (Regulation 2020/852), and the EU Sustainable Finance Disclosure Regulation (Regulation 2019/2088) and the Corporate Sustainability Reporting Directive (CSRD)
• ESG reporting requirements, including requirements under the Danish Financial Statements Act
• Compliance assessments of updated requirements in the Danish building regulations (BR18) on sustainable construction

Advice

• ESG risk management and strategy - risk assessments and codes of conducts for projects and transactions 
• Preparation of ESG corporate policies
• Implementation of and advice on sustainable development projects
• Advice on sustainable energy, including renewable energy projects and corporate power purchase agreements (PPA)
• Advice on contract set-up - supply chain risks and mechanisms for mitigating risks in contracts
• Advice on the prevention of greenwashing

Investments

• ESG and sustainability due diligence - identification of potential ESG risks, including gap analyses
• Advice on sustainable finance, including green bonds
• ESG aspects in share purchase agreements and W&I insurance

Plesner offers specialist advice in all legal areas of ESG in Employment and Labour Law, Banking and Finance, Commercial Contracts, Commercial Real Estate, Export Control and Trade Sanctions, Construction, Energy and Infrastructure, EU and Competition Law, M&A, Marketing Law and Consumer Law, Environmental Law and Planning Law, Public Law, Operationel Compliance, Data Protection Law, Private Investment Funds and Corporate Law. 

If you have any questions about ESG or other related issues, please feel free to contact us.