Judicial Analysis on the Corporate Social Responsibility Act

Abstract

Ernst & Young Oy has prepared a judicial analysis on the Corporate Social Responsibility Act commissioned by the Ministry of Economic Affairs and Employment. The analysis outlines the nature of the due diligence obligations that could be imposed on companies within a legislative framework in Finland. Due diligence refers to the process in which a company identifies, prevents and mitigates real and potential adverse impacts on human rights and the environment in its own activities, supply chain and other business relationships. The report explores possible regulatory options, their scope of application, supervision and sanctions under corporate social responsibility legislation. An analysis of corporate social responsibility regulation in the European Union and some other countries provides a backdrop for the report.

According to the analysis, business operations are already subject to various due diligence obligations, which require companies to assess and prevent risks associated with their operations. It would be possible to impose a duty of due diligence on companies regarding the environment and human rights within the framework of the national legal system. However, there are a number of issues to consider in relation to the legislation.

The preparation process of this analysis was guided by a steering group that involved the Ministry of Economic Affairs and Employment, the Ministry for Foreign Affairs, the Ministry of Justice, the Ministry of the Environment and the Ownership Steering Department of the Prime Minister’s Office. The Committee on Corporate Social Responsibility acted as an advisory body.

This analysis is included in the Government Programme and Action Plan of Prime Minister Marin’s Government.

Contact person at the Ministry of Economic Affairs and Employment: Employment and Well-Functioning Markets/ Linda Piirto, Senior Advisor, tel. +358 29 50 47028