Business Law

What Companies Are in Scope of the CSRD?

Discover which companies fall under the Corporate Sustainability Reporting Directive and understand the CSRD regulations.

Introduction to the CSRD

The Corporate Sustainability Reporting Directive (CSRD) is a European Union law that aims to enhance transparency and accountability among companies regarding their environmental, social, and governance (ESG) practices. This directive is part of the EU's broader effort to promote sustainable development and reduce the negative impacts of business activities on the environment and society.

The CSRD expands the scope of companies required to report on their sustainability performance, moving beyond the previous Non-Financial Reporting Directive (NFRD). This expansion is designed to ensure that more companies, including small and medium-sized enterprises (SMEs), are held to higher standards of transparency and sustainability.

Scope of the CSRD

The CSRD applies to all large EU companies, including those listed on EU regulated markets, as well as certain non-EU companies that have a substantial presence within the EU. This includes companies with more than 500 employees and a turnover of over €40 million. The directive also covers financial institutions, such as banks and insurance companies, which are subject to specific reporting requirements.

To determine which companies are in scope, the CSRD considers factors such as the company's size, location, and sector. Companies that are subject to the CSRD must provide detailed reports on their sustainability performance, including information on their environmental impact, social responsibility, and governance standards.

Reporting Requirements Under the CSRD

Companies within the scope of the CSRD must submit annual sustainability reports that cover a range of topics, including climate change, biodiversity, human rights, and anti-corruption. These reports must be prepared in accordance with the European Sustainability Reporting Standards (ESRS) and must include both qualitative and quantitative information.

The reporting requirements under the CSRD are designed to provide stakeholders with a comprehensive understanding of a company's sustainability performance and its progress towards achieving its sustainability goals. Companies must also disclose any risks and opportunities related to their sustainability performance, as well as their strategies for managing these risks and capitalizing on these opportunities.

Consequences of Non-Compliance with the CSRD

Companies that fail to comply with the CSRD may face a range of consequences, including fines, reputational damage, and loss of investor confidence. The EU has established a system of penalties for non-compliance, which can include administrative fines of up to €5 million or 1% of the company's total turnover.

In addition to these financial penalties, companies that fail to comply with the CSRD may also face reputational damage and loss of public trust. This can have long-term consequences for a company's brand and its ability to attract investors, customers, and top talent.

Implementation and Timeline of the CSRD

The CSRD was adopted by the European Parliament and the Council of the European Union in November 2022 and will apply to companies with financial years starting on or after January 1, 2024. Companies will be required to submit their first sustainability reports under the CSRD in 2025, covering their financial year 2024.

The implementation of the CSRD will be phased in over several years, with smaller companies and non-EU companies being given more time to comply with the new reporting requirements. The European Commission will also provide guidance and support to companies to help them understand and comply with the CSRD.

Frequently Asked Questions

What is the main purpose of the CSRD?

The main purpose of the CSRD is to enhance transparency and accountability among companies regarding their environmental, social, and governance practices.

Which companies are required to report under the CSRD?

The CSRD applies to all large EU companies, including those listed on EU regulated markets, as well as certain non-EU companies with a substantial presence within the EU.

What information must companies report under the CSRD?

Companies must report on their sustainability performance, including information on their environmental impact, social responsibility, and governance standards.

What are the consequences of non-compliance with the CSRD?

Companies that fail to comply with the CSRD may face fines, reputational damage, and loss of investor confidence.

When does the CSRD come into effect?

The CSRD applies to companies with financial years starting on or after January 1, 2024, with the first sustainability reports due in 2025.

How will the CSRD be enforced?

The EU has established a system of penalties for non-compliance, including administrative fines and reputational damage.