Glossary term

ESG

Last Updated:

Number of definitions:

2

Definition 1

ESG means environmental, social and governance factors [of which the governance shall include issues of [health and safety, safeguarding and gender]] [considered by companies, investors, public sector and other organisations in a wide range of decision-making, strategy development, risk management, and reporting processes OR forming a [published] policy, framework, strategy or objective of a party], including, but not limited to:

(a) environmental factors: climate change, resource depletion, waste, pollution and biodiversity;

(b) social factors: human rights, labour relations, community impact and health and safety; and

(c) governance factors: board structure, executive remuneration, transparency and accountability.

Definition 2

ESG means environmental, social and governance considerations where:

(a) environmental considerations may refer to Climate Change Mitigation and Climate Change Adaptation, as well as the environment more broadly, such as:

(i) the conservation and restoration of Biodiversity including genetic, species, and ecosystem diversity;

(ii) pollution prevention and control;

(iii) the transition to a circular economy;

(iv) the sustainable use and protection of water and marine resources;

(v) waste prevention and recycling; and

(vi) the protection of healthy ecosystems.

(b) social considerations may refer to issues of:

(i) inequality;

(ii) inclusiveness;

(iii) labour relations;

(iv) investment in human capital and communities;

(v) human rights issues; and

(vi) the governance of public and private institutions, including management structures, employee relations and executive remuneration; 

(vii) climate adaptation and resilience to address unavoidable climate impacts; and

(c) governance considerations may refer to:

(i) remuneration policies;

(ii) decision-making processes; and

(ii) adherence to responsible business codes.

Drafting notes and guidance

ESG stands for environmental, social and governance. It is sometimes also referred to as corporate social responsibility (CSR) or corporate responsibility (CR).

ESG factors are considered by companies, investors, public sector and other organisations in a wide range of decision-making processes and situations including financing, company reporting and supply chain management. These factors include: the environment, climate change, diversity, human rights, labour chain, modern slavery, philanthropy, accountability, sustainability, community, transparency, and fair trade.

Option 1

This definition highlights health and safety, safeguarding and gender issues, which can often be overlooked. It presents a menu of options which can be tailored by lawyers to suit client needs.

Option 3

This option refers to the environmental, social and governance factors in the EU Disclosure Regulation (Regulation (EU) 2019/2088), which impose transparency and disclosure requirements on certain firms in the financial services sector.

This option also provides contract drafters with a definition that is linked to the environmental objectives in Article 9 of the EU Taxonomy Regulation (Regulation (EU) 2020/852), which establishes an EU-wide classification system or framework to facilitate sustainable investment.

Is this page useful?

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply

This field is for validation purposes and should be left unchanged.