The Evolution of the Regulatory Ecosystem around CSR

A Regulatory Framework Undergoing Change

Corporate Social Responsibility (CSR), bolstered by parallel advancements in sustainable finance obligations, finds itself at the heart of an unprecedented regulatory revolution. This has precipitated the legal formalization of erstwhile voluntary CSR principles and concepts. This phenomenon is particularly visible in Europe, and notably in France, a country often at the vanguard of such transformations. A good example is the 2017 French Duty of Vigilance Law, which has extended corporate responsibility, subsequently inspiring similar initiatives at the European level, such as the Corporate Sustainability Due Diligence Directive (CSDDD) in 2024.

Enhanced Corporate Accountability

This regulatory trajectory aligns with the spirit of France’s 2021 Climate and Resilience Law, which provides concrete sanctions against greenwashing practices. French regulatory advancements have frequently catalyzed European directives, as evidenced by the 2024 EU Directive 2024/825 on environmental claims. This fortification of legal frameworks signifies a transition from soft recommendations to unequivocal obligations, largely propelled historically in Europe by the 2014 CSR Directive 2014/95/EU, known as the Non-Financial Reporting Directive (NFRD). Subsequently, regulatory advancements targeting financial actors have bolstered the spirit of CSR, although limiting its scope to the financial industry and the interoperability between sustainability regulations. Solutions were thus imperative.

The Green Taxonomy: Harmonizing Sustainability Criteria

The advent of the European (or Green) Taxonomy in 2022 emerges as one such solution, fostering interoperability within this CSR and sustainability-related regulatory ecosystem. In doing so, the taxonomy establishes a classification system applicable across all sectors to define sustainable economic activities. This initiative has served as a nexus between various regulations, harmonizing requirements within the framework of the Sustainable Finance Disclosure Regulation (SFDR) and the Corporate Sustainable Reporting Directive (CSRD), which succeeded the NFRD. This harmonization proved essential in ensuring coherent application of sustainability standards in mandatory non-financial reporting across Europe.

Expansion of Mandatory Reporting

This broadening of the non-financial reporting perimeter has been significantly affirmed by the CSRD, which has changed the scope of corporate responsibility. This directive has increased the number of companies subject to non-financial reporting obligations, increasing from approximately 17,000 to 50,000. In this regard, the directive has demonstrated the European authorities’ resolve to no longer confine CSR to large companies, but to extend it to nearly all companies in Europe, thereby fostering a transformation of the entire business landscape.

Vers une transformation profonde et généralisée

These regulatory developments have not merely expanded the scope of application but have also deepened the impact of Environmental, Social, and Governance (ESG) principles, requiring an inevitable transformation of existing business models. The new orientation towards integrated sustainability reflects a major strategic shift, wherein sustainability is no longer an addendum but a central element of economic activities. Companies of all sizes are discovering new opportunities to innovate and enhance their sustainability, proving that the adoption of ESG standards is now a strategic imperative, indispensable for enduring in the modern economic landscape.