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A guide to navigating the ESG regulatory landscape

Environmental, Social, and Governance (ESG) factors are now essential in shaping the strategies and operations of financial institutions worldwide. As the focus on sustainable practices and ethical governance grows, understanding and implementing ESG regulations has become more critical than ever. However, this task is no easy feat. So, let’s take a closer look at the intricacies of ESG regulations, why they matter, and how financial institutions can effectively navigate this ever-evolving and complex regulatory landscape.

What do the letters in the acronym ESG stand for?

ESG stands for Environmental, Social, and Governance. It represents three central factors used to measure the sustainability and societal impact of an investment in a company or business.

EnvironmentalSocialGovernance
This component evaluates how a company performs as a steward of the natural environment.
It includes criteria such as:
Climate change and carbon emissions
Energy efficiency
Waste management
Water usage
Pollution and air quality
Biodiversity and land use
This aspect assesses how a company manages relationships with employees, suppliers, customers, and the communities where it operates.
Key considerations include:
Labour practices
Employee relations and diversity
Health and safety
Human rights
Community impact and involvement
Product safety and quality
This factor examines the quality of a company’s leadership, its audits, internal controls, and shareholder rights.
It includes:
Board composition and diversity
Executive pay
Audit committee structure
Shareholder rights
Transparency and ethics
Anti-corruption policies

ESG criteria are increasingly used by investors to screen potential investments. Incorporating ESG factors into investment analysis can lead to better risk management and long-term returns. Companies that score well on ESG criteria are often seen as more resilient and better positioned for long-term success.

A Brief History of ESG

The roots of ESG trace back to the 1960s and 1970s, a time when socially responsible investing (SRI) started gaining momentum. At first, SRI emphasized excluding investments in certain industries, such as tobacco, alcohol, and firearms. However, over time, this approach expanded, gradually incorporating broader social and environmental considerations. Today, these foundations have evolved into what we recognise as ESG, a framework addressing a wide range of ethical and sustainability issues.

The term ESG was formally introduced a few decades ago in a landmark report titled “Who Cares Wins, Connecting Financial Markets to a Changing World” published by the United Nations Global Compact in collaboration with financial institutions in 2004. The report highlighted the need for integrating environmental, social, and governance factors into financial analysis to enhance market stability and sustainable growth.

The Importance of ESG for investors and the investment sector

ESG criteria are a set of standards for a company’s operations that socially conscious investors use to screen potential investments.

Key benefits of ESG integration in investments

  • Risk management and risk mitigation
    • Effectively identifying and managing ESG risks can safeguard companies from financial and reputational harm. For example, climate change introduces serious risks for industries dependent on natural resources. Additionally, poor governance can lead to scandals and costly regulatory fines.
  • Investor attraction
    • Moreover, investors are increasingly factoring ESG into their decision-making, boosting demand for companies with solid ESG practices. In fact, the Global Sustainable Investment Alliance reports that sustainable investment assets reached $35.3 trillion in 2020, marking a 15% rise since 2018.
  • Regulatory compliance
    • Meanwhile, as ESG regulations grow, regulatory compliance is critical to avoid legal penalties and sanctions. Governments and regulatory bodies worldwide are implementing strict ESG reporting standards. For instance, the European Union’s Sustainable Finance Disclosure Regulation (SFDR) requires financial market participants to disclose how they account for ESG factors in investment processes.
  • Reputation and brand value
    • Finally, companies with strong ESG practices often build better reputations, fostering customer loyalty and boosting brand value. Consumers increasingly support businesses that commit to sustainability and social responsibility, creating a competitive edge for these companies.

Understanding the Board’s ESG Mandate

ESG is also impacting the boardroom with changing stakeholder demands.  Boards face a new mandate, that of oversight of the firm’s adoption of ESG.

BDO have recently noted that there are ESG related responsibilities that must be managed by those in the boardroom.  BDO include:

  • Establishing the board’s oversight role and committee structure
  • Aligning ESG with the company’s corporate purpose, vision and values
  • Integrating sustainability into overall business strategy
  • Prioritizing ESG risks based on materiality to the business 
  • Establishing accountability for ESG strategy implementation
  • Overseeing ESG reporting processes and related controls

Overview of key ESG regulations and frameworks

European Union (EU) ESG regulation

United States regulation

Global ESG frameworks

Strategies for firms navigating ESG regulations

Develop a robust ESG strategy

  • Conduct a thorough materiality assessment to identify the most relevant ESG issues for your organisation.
  • Set clear, measurable ESG goals aligned with regulatory requirements and industry best practices.

Enhance transparency and reporting for ESG

  • Adopt standardised reporting frameworks such as GRI, SASB, or TCFD to ensure consistency and comparability of ESG disclosures.
  • Implement advanced data management systems to collect, analyse, and report ESG data accurately.

Engage stakeholders

  • Maintain open communication with investors, customers, employees, and other stakeholders about your ESG initiatives and progress.
  • Collaborate with industry peers, regulators, and NGOs to stay informed about evolving ESG trends and regulations.

Integrate ESG into risk management

  • Incorporate ESG risks into your overall risk management framework.
  • Regularly review and update your risk assessment processes to account for new and emerging ESG risks.

Leverage technology and innovation

  • Understanding and implementing ESG regulation is challenging but there is technology to help. Utilise regulatory technologies (RegTech) such as Corlytics regulatory risk intelligence platform for advanced analytics, AI, and machine learning to monitor, using horizon scanning with regulatory monitoring for ESG performance and identify trends and spheres of influence.
  • Consider specialist regulatory monitoring tools such as Corlytics ESG monitoring to assist with both understanding ESG regulation and the implementation of those regulations.

ESG Framework Grid – comparisons and detail

This grid from Omdia, a global analyst and advisory leader, highlighted some of the more common ESG standards and frameworks

ESG Framework Grid
StandardGlobal Reporting Initiative (GRI)CDP (formerly Carbon Disclosures Project)Sustainability Accounting Standards Board (SASB)Task Force on Climate-Related Disclosures (TCFD)United Nations Sustainability Development Goals (UN SDG)International Sustainability Standards Board (ISSB)
Linkwww.globalreporting.orgwww.cdp.netwww.sasb.orgwww.fsb-tcfd.orgwww.sdgs.un.orgwww.ifrs.org
Founded199720002011201520162021
No. of members500280+ in supply chain365 (212 investors)31191 UN member states 
Reporting companies>10,000>13,0002,2304,000 First corporate reports aligned with ISSB frameworks are expected to be issued in 2025
ObjectiveThe standards are advancing the practice of sustainability reporting, and enabling organisations and their stakeholders to take action that creates economic, environmental and social benefits for everyone.CDP provides investors with critical environmental data infrastructure to integrate sustainability within the investment process.  As a CDP investor signatory, you will gain free access to the world’s largest database of climate change, water and forest risk commodity information on thousands of disclosing companies.SASB standards guide the disclosure of financially material sustainability information by companies to their investors.Help public companies and other organisations more effectively disclose climate-related risks and opportunities through their existing reporting processes.The Sustainable Development Goals (SDGs), also known as the Global Goals, were adopted by the United Nations in 2015 as a universal call to action to end poverty, protect the planet, and ensure that by 2030 all people enjoy peace and prosperity.The ISSB was created to change the current fragmented ESG disclosure landscape into a global common, consistent language of sustainability-related financial disclosures.
Asset Responsibility $130 trillion$81 trillion$217 trillion  

Controversies surrounding ESG

Despite its rising significance, ESG remains a topic of debate, facing various challenges and criticisms. This is understandable, as understanding and implementing ESG regulations is complex and often unclear.

Greenwashing

One major concern is greenwashing, where companies exaggerate or misrepresent their ESG efforts to appear more sustainable. This misleads investors and consumers, ultimately undermining genuine sustainability efforts.

Standardisation and measurement

Another key issue is the lack of standardised metrics and reporting frameworks in ESG reporting. Without uniform standards, companies’ ESG reports often lack consistency, which makes it challenging for investors to accurately compare and assess the true impact of ESG initiatives. Understanding and implementing ESG regulation is essential for achieving greater transparency and reliability in ESG reporting across industries.

Short-termism

The focus on ESG criteria can sometimes lead to short-term thinking, as companies aim to meet immediate standards rather than pursue lasting sustainability goals. This can result in superficial adjustments that don’t address deeper issues.

Economic Impact

Implementing ESG regulations often imposes significant costs on businesses and governments, especially in developing regions. These costs can hinder competitiveness and economic growth, fueling resistance to certain ESG regulations.

And so….

As ESG regulations continue to evolve, understanding and implementing them remains a challenge. Financial institutions must stay ahead by integrating robust ESG strategies into their operations. Doing so not only improves regulatory compliance but also fosters sustainable growth and long-term value creation. At Corlytics, we are dedicated to guiding you through the complexities of ESG regulation, simplifying implementation for your organisation.

If you would like to know more about how we are helping our clients with ESG regulatory compliance, feel free to reach out to our experts at Corlytics.

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